taking a Landlord to court for tenants actions

digger65

hi
we are owner occupiers with next door being privately rented from a local landlord with a number of properties
There is a letting agency involved but only on a collecting rent basis
Essentially we have had a lot of problems with the tenants loud arguments, swearing at each other late into the night and finally a rather worrying allegation (at full volume) from wife directed to husband involving child abuse!
Now as we have a small daughter i am obviously extremely worried
we have informed the police, they have visited 2 times previously in relation to noise however i found out today from the letting agency that despite many complaints to the landlord via the letting agency he has not done a single thing!
I am rather disgusted that he has seemingly not carried out background checks on these people and that he doesn't consider my families well being and safety to be of any importance whatsoever.
I personally consider his non-action to make him accountable as surely he has a social responsibility of some sort?
I am curios if anyone has ever taken a landlord to court on these terms or if anyone had any advice for us?
many thanks
D

Werdnal

General advice usually given here on this type of situation is that landlords are not lifestyle coaches, noise abatement officers or social workers.

Where in the credit check and referencing process was the LL supposed to pick up on the bad language, arguments and general disruption these tenants are causing you?

Unless you are in Scotland, where I believe LLs do have to act on anti-social behaviour, your only formal recourse is to contact the council, EHO noise abatement and police every time there is an incident warranting their action. Keep a diary and record incidents on camera/mobile phone etc, as they will want evidence.

Whilst I can sympathise, as long as rent is being paid and property being looked after, I doubt LL would have the interest or incentive to do anything about this. What would you do if these neighbours were also "owner occupiers" like yourselves - the same applies here!

Mr_Pitiful

Edit - Too slow, as above!


You don't have a case against the landlord unless he was actively involved in their behaviour. There's no requirement on a landlord to take any action.

ognum

Exactly what do you think the landlord can do? If the tenants pay their rent then the house is their home just as your house is yours.

You need to continue to take whatever action you can with the police or Enviromental health.

The only background check a landlord can do is referencing and credit checks, none of these will tell you absolutely that a tenant doesn't swear, shout or even that they may be a child abuser.

These people could own the house, what would you do then?

digger65

thanks, guess your all landlords then

i am not suggesting he is to blame but if he doesn't respond to complaints or take action he is surely contributing to the problem and enabling them to continue in the same vein?
personally i have been a landlord and would not want the coin from someone who is acting in this way and would certainly pay a visit to see all was well instead of just taking the money and claiming no "social responsibility"
The letting agency advised him not to take these people and he ignored them he does not give a **** he just wants the money and i find that disgusting and indefensible..
and i think you will find there is legal president on this

D

BitterAndTwisted

They might all be landlords but I'm not.

Your neighbour's landlord is not their mother. Their landlord is not responsible for their actions. If you want to challenge these people then do it yourself.

If you would like the landlord to take action then ask him to. But there is nothing you can do to compel him.

And the word you were looking for was "precedent". A "president" is another thing entirely.

edinburgher

personally i have been a landlord and would not want the coin from someone who is acting in this way and would certainly pay a visit to see all was well instead of just taking the money and claiming no "social responsibility"

I rented for 11 years - they mostly seemed to want the money!

lighting_up_the_chalice

digger65 wrote: »

and i think you will find there is legal president on this

There's your answer. Follow the precedent.

digger65

And the word you were looking for was "precedent". A "president" is another thing entirely.[/QUOTE]

yeah thanks for the spelling correction
i actually came here for better advice than that but please leave your name at stage door and we will be in touch

now if anyone else has some pertinent up to date legal advice to offer the now's the time
(I am actually shocked that nobody sees the landlords social responsibility in this?)

Werdnal

digger65 wrote: »

and i think you will find there is legal president on this

D

There is in Scotland, as I said above. If you feel there is legal "president", then go ahead and try to take LL to court and let us know how much you get out of him - good luck!

Other than disturbing you through shouting and arguing (which as advised you already have a legal and correct route to report to the relevant authorities), then what financial loss have you suffered here that you feel you can claim recompense for?

zzzLazyDaisy

If your neighbours are behaving in an antisocial way, and the landlord refuses to deal with the matter, you should report the matter to the council. If they are satisfied that anti-social behaviour is happening, they can take over the management of the property.

More information here

https://www.gov.uk/private-renting/antisocial-behaviour

However, the council is not going to do anything about allegations of child-abuse based on chinese whispers and rumour, so you need to be realistic about what can be achieved.

This may not be what you want to hear, but if you are so unhappy where you are living, have you considered moving?