Leave rental contract early as neighbours smoking week constantly?!

Daerve

anselld wrote: »

Funny how the police know the law inside out when it gives them an excuse for not doing anything!

Not sure what you actually expect the police to do, camp outside the flat perhaps?

Presumably they have visited and are satisfied there's no grow going on in the flat, short of getting a warrant and booting the door in whenever anyone smells cannabis what else can they do?

The reality is that the police have extremely limited resources and someone smoking weed in their own home falls way down the list of priorities.

The stoner's LL needs to sort the problem out as it's his flat and most likely a breach of the tenancy agreement.

anselld

Daerve wrote: »

The stoner's LL needs to sort the problem out as it's his flat and most likely a breach of the tenancy agreement.

Not sure what you expect the LL to do, given they have even less authority than the police.

Daerve

anselld wrote: »

Not sure what you expect the LL to do, given they have even less authority than the police.

It's the LL's property, they have infinitely more authority over it than the police.

anselld

Daerve wrote: »

It's the LL's property, they have infinitely more authority over it than the police.

Anything the L wanted to do would need to be supported by a Court order which in turn would need to be supported by evidence.

Doesn't seem to be infinite authority to me.

Daerve

anselld wrote: »

Anything the L wanted to do would need to be supported by a Court order which in turn would need to be supported by evidence.

Doesn't seem to be infinite authority to me.

A civil court where the burden of proof is on the balance of probabilities as opposed to a criminal court where it's beyond reasonable doubt. It would be a doddle to get the evidence from neighbours.

The police could take action if the stoner is caught in possession of weed but the reality is that a warrant for personal cannabis use is not proportionate and unlikely to be granted.

Even if caught the stoner would likely get such a light sentence as to make the whole process a total waste of time and leave the stoner free to go straight home and spark up another big fat joint.

Like it or not, the police are extremely unlikely to be of assistance here as is the LL.

anselld

No Court will evict someone from a tenancy for a bit of personal use.

I fully agree that the Police are probably powerless to act in this case. However the fact remains that enforcement powers are in the hands of the Police, Council and Courts, who seem to be quick to pass the buck straight back.

Daerve

anselld wrote: »

No Court will evict someone from a tenancy for a bit of personal use.

Even if this means they are breaching their tenancy agreement?

Surely there's a clause in the tenancy agreement about illegal activities and ASB not withstanding the fact that once the LL knows about the drug use they are technically committing a criminal offence.

While it's extremely unlikely the LL will take any action, because of the above surely they will be in a far better position than anyone else to take action against the tenant.

moneyistooshorttomention

I'm wondering if the landlord would be legally liable if he damages his tenants' health (even by proxy)??

I guess there is no harm in sending him a letter stating he is now being officially notified that there is reasonable evidence his flat is harming his tenants (courtesy of that weed) and that, accordingly, his tenants are now monitoring their health and will be holding him liable - and sending him suitable official articles about passive smoking. With this suggesting he will be in the clear if he accepts the tenancy being cut short now - otherwise compensation for health damage could be due if he does cause their health to be damaged.

Maybe if that letter came from a solicitor it would be even better? Perhaps the landlord wouldn't be too keen to find out if he really would be sued for any health damage then. Shouldn't think one solicitors letter would cost that much.

lessonlearned

My sons girlfriend has just vacated her flat halfway through a tenancy for exactly the same reason, although she is not pregnant.

In her situation there were two seperate landlords involved, one for the smoker and one for her.

The smokers landlord was informed and refused to act, my sons girlfriends landlord said he would allow the tenancy to be terminated if he could find another tenant. Apparently he found one straight away and she was released.

I can only assume the new tenant either had no sense of smell or was also a canabis user because apparently the whole building stank.

I honestly have no idea whether or not second hand canabis smoke would damage a foetus but I wouldnt risk it and Although I wouldn't normally intervene in my sons or his girlfriends life, I think in a case like this i would make an exception.

Can you not help out in some way, either have her stay with you or help out with a deposit on another place, even if it's just a loan and they pay you back when they get their original deposit back.

I appreciate that they would be paying rent on a flat they have no enjoyment of but If the landlord won't release them from their tenancy then they don't really have any other options.

It's a sorry business though and grossly unfair that she is having to go through this.

As the old saying goes "the law is an a s s"

avstar

Thanks all, Until very recently the same LL and agent ran both flats but the stoner's flat has recently changed hands. DD's landlord agent has informed her that the stoner's LL has written a stern letter warning they will give notice of eviction if they continue to smoke in the flat (any smoking in the flat is not permitted, not just weed), so we'll see if that helps.

Oh but I wish I had the money to sort this out LessonLearned I've offered what I can but I don't have a spare £1.5k which it would cost in deposit, fees and months rent upfront at least. They're welcome to stay at ours and is staying over on occasions but they need to be near their place of work as they do shifts and her BF doesn't drive.

I've told her to hassle her LL everyday to see how much effort they're actually putting into finding a replacement tenant, if she's a nuisance he might get a move on to get rid of her?
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