taking a Landlord to court for tenants actions

Mr_Pitiful

Only had a brief look at it, but I don't think that case will help you, as that is an appeal about the court not allowing a claim against a landlord to proceed. All they did is say that the case can go to trial. Can't find anything that reports that the case has been heard, and it wouldn't be a binding decision if it stays in the county court.

ognum

Do you know who the landlord is, if so write to him/her. If you do not know then go to the Land Registry site spend the £4 and get the name and address.

Just about two days ago there was a thread on here from a tenant who was complaining that their landlord was working on the house next door and was around too much making them feel under pressure.

It seems to me that landlords can never do right and yes, I am one and all my tenants have my mobile number and can phone me at any time!

I cannot however, put all the problems right. just out of interest do you let your child go to school and how do you cope with her playing with kids who's parents may be like this?

digger65

zzzLazyDaisy wrote: »

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?

sigh... and finally, thank you very,very much i will look closely into it

it seems like there may be a few LL's here who would prefer to slam the argument down without consideration and mock me for even daring to suggest that they should have a shared social responsibility for the the people they put into properties..and act upon complaints in a professional manner.
By not even bothering to investigate complaints they are just endorsing the anti social behavoir so should therefore be held accountable, plain and simple IMO

me thinks thou dost protest too much

ognum

digger65 wrote: »

sigh... and finally, thank you very,very much i will look closely into it


me thinks thou dost protest too much

or maybe you don't like the answers and it is you who protests too much!

RuthnJasper

I can't offer any better advice than that above - keep a diary of times, places, what occurred and pursue it with the council. I suspect the landlord would only become concerned if the rent wasn't being paid.

To put it in some kind of context, if the property had been sold and these noise-polluting idiots were the buyers, would you consider it reasonable to track down the former owners and sue them because they sold their house to some amoral muppets?

I do sympathise with your situation Digger, and I'm particularly sorry for the poor child having to live with such grotty parents - it can't be pleasant for you. But I really don't know what the landlord could legally do, without being accused of meddling in his/her tenants' private concerns.

Best wishes. x

G_M

RuthnJasper wrote: »

I... But I really don't know what the landlord could legally do, without being accused of meddling in his/her tenants' private concerns.

A very good point.

The Protection from Eviction Act 1977 makes harassment of a tenant by a landlord a criminal offence, so LLs have to tread very carefully when interfering with a tenant's homelife...

Werdnal

digger65 wrote: »

sigh... and finally, thank you very,very much i will look closely into it

it seems like there may be a few LL's here who would prefer to slam the argument down without consideration and mock me for even daring to suggest that they should have a shared social responsibility for the the people they put into properties..and act upon complaints in a professional manner.
By not even bothering to investigate complaints they are just endorsing the anti social behavoir so should therefore be held accountable, plain and simple IMO

me thinks thou dost protest too much

I think you will find that the council's definition of anti-social behaviour in these circumstances is very specific and covers things like direct harrassment, threats, initimidation, vandalism, racial and homophobic abuse, graffitti, bullying, dog fouling, dumping of rubbish, etc. Not a private, if rather loud and agressive argument between 2 consenting adults within the confines of their own home!

You may get somewhere on the grounds of noise, but I will say again, you need proof that it is frequent and sustained - diary of events, recordings, video footage etc, and even then, the first route is to get EHO involved - they are part of the council and will instigate some action if the case is considered serious enough. You asked about taking the LL to court and have been advised all the way through this thread that the COUNCIL are the ones you need to contact. You get one reply you like the sound of and dismiss everyone who has already told you the same thing as greedy landlords who are not taking you seriously!

digger65

G_M wrote: »

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......

thank you
this is exactly what i was looking for
well informed, up to date good solid advice with genuine procedural insight
not just "what i want to hear"
for the record i am not seeking compensation or and eviction i am just completely exasperated by the LL not even bothering to investigate our complaints despite the sordid and illegal nature of the outbursts
after all you try explaining to your 6 year old daughter, the light of your life who you try to keep safe and warm and protect with your whole being what a child molester is after she hears it being shouted out of the next doors window and asks you!
i am going to try to end this now and go surfing to lighten up a bit

TopQuark

digger65 wrote: »

they should have a shared social responsibility for the the people they put into properties

Should banks also have a social responsibility for the people they grant mortgages to as well? Or are owner occupiers inherently a better 'class' of people, rendering this unnecessary?

Several people have asked you what you would have done if your neighbours were owner occupiers, not tenants and you have not answered this, why?

digger65

thank you for both your input and opinion
but i came here for neither, just advice on a matter effecting me and my family
if you have no advice to offer kindly stay out of this topic and your opinion is no interest to me