Is Landlord responsible for problem tenants.

[lillywoo20]

Hi all,

 

Im posting on behalf of a friend. He bought a house some years back and has had persistent problems with the tenants from next door (private landlord). It is mainly the noise, the last 3 tenants have had parties most nights till the early hours. My friend and his partner previously complained to the landlord who just laughed at them and told them it was not his problem. They then approached the council who did act, although it took quite a while, the problem was though that when the council approached the tenants they stopped the music for a few weeks then it all started up again and they were back to square one....in the end the tenants moved out, however, my friend and his family had barely had a decent nights sleep for over a year!

 

After a few months of being empty the landlord has now put new tenants in. On the 2nd night the music started up and lasted till way after 4am. The next night when the music started at tea time my friends girlfriend went and asked them to turn it down......................................the guy laughed at her and told her to "go away and stop being silly!" When she asked him again if he was going to turn it down the lovely guy spat in her face!!

 

To cut a long story short, the police were called but advised that it was not worth taking it any further as even if it went to court he would only receive a slap on the wrist. My question is,...is there any way that the landlord can be made to take responsibility for his tenants and also is there anything that can be done quickly....it took them a year previously just to get the council to do anything and the thought of having to put up with this lot for a year is really getting them down.

[assisted blonde]

Sorry i think the best way is environmental health noise abatement issues, its the tennants causing the problem not the landlord he cant know if the tennants play music or not. Is it a student house next door? was it let out when he bought his house?

[lillywoo20]

Thanks for the reply. No its not a student house its a couple. All tenants so far have been on benefits, hate to be judgemental but it means they can party all night and sleep it off every day as they don't have to go to work (not that I am saying that this is what everyone on benefits does!) The first tenants when they moved in were ok, they were a family but didn't stay long. The landlord just doesn't seem to care as long as he gets his rent and knowingly allows them to cause a nuisance. They did go down the route of the environmental noise abatement with the last tenants but it took such a long time...and in this case I think it is more the threat of violence that they are worried about.

[stu007]

Hi

 

I agree with siisited blondes first part and yes the tenants are the ones causing the issues not the landlord but

 

the landlord is partly responsible if they have been informed of these issues and have taken no action to try and resolve the issue.

 

I may be incorrect but other caggers will advise.

[mariner51]

"the landlord is partly responsible if they have been informed of these issues and have taken no action to try and resolve the issue.

 

In what way can noisy Ts LL be partly resp if he is not contributing to the noise? OK he can seek s8 order for breach of a specified contract term (causing nuisance to neighbours) but this ground is discetionary and he would have to prove it.

Noise abatement officers can confiscate nuisance apparatus after at least one previous warning.

 

Affecteted Ts have access to enforcement agencies who can decide if an offence is being comitted. LL may reveal ID of complainant leading to further aggro.

Whilst OPs LL may want to help, best advice is don't get involved with T/neighbour disputes.

[andydd]

The individual tenants may have a contract with the landlord that spells out reasonable behaviour and may say they can lose the tenancy of breached.

 

Additionally does the landlord own the property ?. If it is a leasehold property then there will be another landlord (or freeholder) who effictively owns the land the building is on and takes care of the buidling as a whole, there will also be a lease, the lease will hold the landlord responsible for any breaches (which often do include noise, etc). It is possible to find out whether it is leasehold and the names of freeholders, etc from Land registry website, it will cost £4.

 

Andy

[assisted blonde]

Even though it took a long time before they still need to contact EH re noise as apart from anything else it gives a history to the situation if anything else happens, they should also keep a diary of when and what time the issues arrise. EH will sometimes come out and take a metre reading of the noise levels BUT EH can be suspicious of people who constantly complain especially if it is about different people, it may be that although the noise may seem a lot it isnt just some people being more sound sensative. In the short term can your friend do some things himself to help himself deal with the issues, earplugs, moving his bed away from conecting walls, closing windows etc

[stu007]

Hi

 

Fully agree with assisted blonde you need to be reporting this and keep a log.

 

Everytime an incident happens report it to police, local authority (try to get noise teams number especially for out of hours) and that landlord.

 

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