taking a Landlord to court for tenants actions

Werdnal

digger65 wrote: »

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

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?)[/QUOTE]


Your user name is a good one, as you are rapidly digging yourself a hole here. The advice given, whether by LLs or not, is correct ... may not be what you want to hear perhaps, but correct nonetheless!

Mr_Pitiful

digger65 wrote: »

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

Don't assume that people are against you just because you don't get the answer you want. Would you rather people said that you had a great case and that you'll get millions in compo or would you rather be told the truth, that there is no case for the landlord to answer.

What has "social responsibility" got to do with it? They have to live somewhere, and by evicting them they just become the problem of someone else.

What legal president is there?

digger65

[

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?[/QUOTE]

i guess based on the law of disclosure when we do come to sell..property devaluation?
anyhow i don't care about money and would not be seeking financial compensation,this is not what it is about at all, i would just want the property to be occupied by people who are house trained & properly vetted, so we can let our daughter play with the other kids out on the terrace without worry
If i were a LL i would want to let to considerate people, why invite problems in through the front door?

dancingfairy

What do you want the landlord to do?
The landlord can't just kick them out willy nilly.
He may not have been passed the messages from the letting agents, he may not care, he may be intimidated etc etc.
If the landlord wanted to get them out he'd have to serve the correct notice and use the correct grounds to get them out, this of course would cost money, he'd then have to go to courts to enforce it, he'd then have to pay bailiffs etc etc. All this is going to cost him time and money and there is the chance that these undesirables could wreck the place as compensation for him, he could also end up having a void. Why would he do this if he's getting a nice, steady stream of income?
The only way to deal with this I know is to constantly badger your environmental health team and police and keep a diary of all antisocial behaviour/nuisnace I'm afraid
df

digger65

i appreciate your point

What legal president is there?[/QUOTE]
Brumby v Octavia Hill Housing Trust
a quick google but there is more, i am sure some helpful soul here will pick the bones out of it and throw them at me while laughing atop their vulgar property portfolio telling me i am stupid or my grammar is incorrect while coining it in having already raised property prices beyond most ordinary mortals reach..extolling the virtues of greed and absolving themselves of any wrongdoing their tenants may wish exact upon us, we who really just want to be able to sleep safe and sound at night and make a modest return on our "homes" remember that word?

digger65

bazra wrote: »

Oh i wouldn't do that. They might be on Housing Benefit, plus thier parents call each other names. I mean seriously, is that the kind of place you really want to raise your kids?

Have you considered a Nuclear Bunker? :rotfl:

have you considered posting constructive non-troll like comments?

ILW

digger65 wrote: »

i appreciate your point

What legal president is there?

Brumby v Octavia Hill Housing Trust
a quick google but there is more, i am sure some helpful soul here will pick the bones out of it and throw them at me while laughing atop their vulgar property portfolio telling me i am stupid or my grammar is incorrect while coining it in having already raised property prices beyond most ordinary mortals reach..extolling the virtues of greed and absolving themselves of any wrongdoing their tenants may wish exact upon us, we who really just want to be able to sleep safe and sound at night and make a modest return on our "homes" remember that word?[/QUOTE]
Just go round a "sort them out" yourself.
What do you expect the landlord to do?.

af2909_2

Found ourselves in a similar position to this recently, we've been lucky as the LL for the above tenants has decided to give notice for the tenants.

Have you been around for a chat with them? We made the mistake of only going around once and then chatting with the landlord as we are about to enfranchise the lease, they then challenged them and that escalated the situation (my mistake as I alluded to on an earlier thread :eek:)

As some have said the only solution is to go via Environmental Health and start formal proceedings. It will take a long time so if you are thinking of selling up you will need to declare a dispute on your PIF when you go through the conveyancing process.

In short, if discussion fails and you are intending on staying medium to long term then using the noise abatement team, if not, then I have no solution I'm afraid

Werdnal

I haven't read the whole case you quite above, but being as it was against a Housing Trust, I am fairly sure the rules against private LLs are not the same.

LLs cannot just "evict" someone overnight even if they do take notice of your complaints. There may be a fixed term tenancy during which the LL cannot take action to kick the tenants out, unless there are pretty specific and severe grounds to do so. Prospective tenants also don't go around with "Obnoxious lowlife with a penchant for swearing and late night bust-ups with the missus" tattooed on their foreheads either, so how is LL supposed to know how they conduct their personal lives before they grant them a tenancy.

I would take the letting agent's comments about them advising the LL not to take the tenants with a good handful of salt. It is usually the letting agent in my experience, who leans on the LL to take the less savoury tenants, as they want to rake in their commission asap and avoid any gaps in letting. I doubt they have even passed on your complaints to the LL, as they are telling you what you want to hear - unlike most of the posters here.

If you have a valid case, keep a diary and record evidence like I said earlier. Enviro Health will act - it is a slow process, but far more likely that them leaning on the LL will have some effect, than you wasting your time and money trying to get something out of him in court.

G_M

Your 'President' is irrelevant to the scenario you describe.

But realistically, the LL'soptions are:

* have a quiet friendly word with his tenants and ask them to be more considerate towards their neighbours. They may take note, they may tell him to mind his own business.

* write to them formally along the lines above. They may take note, they may tell him to mind his own business.

* If they are in the Fixed Term of their tenancy, issue a S21 Notice to expire when the Fixed Term expires, then if they don't leave, apply to court for possession. LL racks up court fees, void (1 - 3monthsno rent till new tenants found, whomay be just as bad!), marketing costs, re-furbishment costs(inevitable between tenants).

All this on the say-so of a neighbour....

* If their tenancy is Periodic, issue a S21 Notice to expire in 2 months. Costs as above.

* If there is a clause in the tenancy agreement relating to 'not causing a nuisance toneighbours", bring a court action for breachof the TA. Very hard to prove (do you have evidence? The LL certainly does not), and even if proved, the court is unlikely to evict, and as the LL has sufferered no financial loss from the breach, the court will not award compensation......