Landlords responsibility - re: nuisance tenants

Jet

My concern is that she brings the rent arrears up to date but still causes problems for the neighbours. My friends only concern seems to be he gets his rent. :rolleyes:

terryw

Jet wrote: »

My concern is that she brings the rent arrears up to date but still causes problems for the neighbours. My friends only concern seems to be he gets his rent. :rolleyes:

A difficult one to answer. Your friend is not very sociable if his main interest is to receive the rent and dodge any responsibility about the bad tenants. On the other hand, the people who kick up about the bad tenant expect that the landlord can solve the problem but his hands are tied. Your friend must act within the law otherwise he is personally responsible for severe criminal and civil penalties........the bad tenants are probably fully entitled to legal aid, and no individual can afford to fight an individual who has nothing to lose.

If I was your friend, I would have a word with the Tenancy Relations Officer (title might differ) with the local authority to see if any record was being kept or complaint made about these bad tenants.

Realistically, there is little he can do by himself.

terryw

clutton_2

if your friend sends a copy of the letter he has received to the local Environmental Health Department and ask them how to deal with it - that shows the council that he is taking the complaint seriously. They will advise him.

landlords ARE responsible for their tenants behaviour and for the tenants visitors behaviour - yes we are - what fun ........

if he wants them out then issue a section 21 notice at the appropriate time and go that route

Bungarm2001

We had a similar situation a couple of years ago...tenants doing band practice in the front room/next door baby couldn't sleep scenario, and quite rightly, the neighbour complained to the LA we had dealing with the property at the time.

LUCKILY it was all sorted out very quickly and the tenants adjusted their 'band' time to the neighbours baby sleep time, and all was well...BUT as LL's WE would have been held responsible if it had gone a bit messy.

Rightly or wrongly, or however impossible it is to either enforce OR comply with the regulations, the LL IS responsible for his/her tenants' actions if they cause a nuisance or disturbance to others.

I can't find anything online to support this, but I do have it in paperwork somewhere. When I get a minute, I'll look it up and try posting the relevant clause(s) on here.

It's just another bluddy ridiculous regulation that is as farcical as it is unenforcable, but your mate definitely has to at least be aware of it, even if he chooses not to do anything.

terryw

Bungarm2001 wrote: »

<snip>

Rightly or wrongly, or however impossible it is to either enforce OR comply with the regulations, the LL IS responsible for his/her tenants' actions if they cause a nuisance or disturbance to others.

I can't find anything online to support this, but I do have it in paperwork somewhere. When I get a minute, I'll look it up and try posting the relevant clause(s) on here.

It's just another bluddy ridiculous regulation that is as farcical as it is unenforcable, but your mate definitely has to at least be aware of it, even if he chooses not to do anything.

Thanks very much. It would be very helpful if you could post the relevant clauses here.

terryw

Jet

terryw wrote: »

Thanks very much. It would be very helpful if you could post the relevant clauses here.

terryw

I just thought I would bump this up to see if anyone can help with the relevant clauses??

bobby-boy_2

hi posted this earlier:
http://www.dundeecity.gov.uk/asb/faqs/private_landlords.php
Yes yes I know i am in |scotland but it is proof that there is legislation in the UK stating landlords have a responsabilty for tenents behavour

terryw

bobby-boy wrote: »

hi posted this earlier:
http://www.dundeecity.gov.uk/asb/faqs/private_landlords.php
Yes yes I know i am in |scotland but it is proof that there is legislation in the UK stating landlords have a responsabilty for tenents behavour

Thanks, Bobby, for re-posting this link. I still can't understand how one person can be responsible for the actions of another. Of, course any landlord would not want such bad tenants, but other than liasing with the local authority and/or the police, I just don't know what the landlord can do or even what he is expected to do. Indeed, if it was possible for an innocent neighbour to take action against the landlord of a bad tenant, then I would have expected to see many such claims against local councils who have their fair share of bad tenants.

In other threads on MSE there are many mentions of a tenant's enshrined right in law to "quiet enjoyment", and the landlord is not even entitled to any right of entry regardless of the wording of the contract. The tenant has no obligation to even speak to the landlord. This conflicts entirely with the landlord having a responsibility for the actions of his tenant.

terryw

clutton_2

terryw - you are trying to make sense of Landlord/Tenant legislation - and there is very little rhyme nor reason to it - let along common sense to it.

if neighbours write to the council to complain about their ocal tenants behaviour the councill has a statutory duty to write to the landlord and ask what s/he is going to do about it. The LL must then "address" the issue - liaising with the local council Environmental Health and/or ASBO team for advice on how to deal with it, writing to, visiting, talking to the tenant - ultimately getting rid of the tenant.

surely at the end of thr day no LL wants an anti social ASBO type tenant ????

Every AST i have ever seen includes a clause about not annoying the neighbours

olly300

Links:
1. Aimed at landlords

http://www.letlink.co.uk/letting-factsheets/factsheets/factsheet-31---dealing-with-noise-and-nuisance.html

2. Aimed at Tenants and is from Shelter
http://england.shelter.dev.squiz.co.uk/get_advice/advice_topics/renting_and_leasehold/rights_and_responsibilities/tenants_responsibilities