Neighbour has complained about tenants noise and extra person living at the property.

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    #1

    Neighbour has complained about tenants noise and extra person living at the property.

    Hi,

    I was wondering if I could get some advice.

    The property I let out is in a victorian house made up of 6 flats. The tenant has been living in the flat for 6 months and I have already had 3 complaints regarding noise.

    I approached the tenant and he said he would make an effort, since then i have had another 2 complaints and the noise seems to be ongoing. The neighbours have asked that I install carpet (we have laminate at the moment) can I use the tenants deposit to do this? We have never had complaints before and we have had the property for 5 years.

    One final point, apparently there is someone else living with the tenant that is not on the tenancy agreement, is he breaking the agreement?
    Thank you for your help
    Tags: None
    #2
    No you cannot use the tenant's deposit to pay for carpet. You let to the tenant with the laminate flooring and if you choose to change that (indeed tenant does not have to agree), then you pay.

    I assume the deposit is securely protected in a scheme?

    What does your tenancy agreement say about tenant taking lodgers? Do you know if this person is a partner etc?

    If you do not like the way the tenant is behaving, you always have the option to issue notice.

    Comment

      #3
      Thanks LesleyAnne for your advice.

      I assume it is a partner but when I asked the tenant if anyone else was living at the property he told me there not. I am not sure whether it is a case of the neighbours trying to bring up extra things against the tenant or whether he does have someone living there.

      The other neighbours in the block are holding meetings to discuss this tenant but when I told them I would speak to the tenant and they can also approach him, they refused.

      The block is share of freehold so I am classed as a director of the company. Do they have grounds to sue me on the fact my tenants are causing them nuisance, one of the neighbours has said it is ruining her life. I can't understand what the tenant is doing to cause so much noise.

      Thanks

      Comment

        #4
        If the block is shared freehold, then you have a share and should be attending the meetings.

        If the majority share of the freeholders lodge a complaint, they could take action against you for a "nuisance" being caused by your tenant, but I am no expert, so cannot comment on how far this could go. Have they complained to you in writing? Do they have proof of the noise nuisance they are alledging?

        They could also report the noise issues to the council if they have sufficient evidence, but the council will take action against the "cause" (ie your tenant).

        Comment

          #5
          How long is the fixed term of the tenancy for the "problem" tenant?

          Have they reported the noise to the council? They are in charge of taking action against noise nuisance, not the landlord.
          Allow tenants to protect their own deposits. I want free money when they do it wrong

          Comment

            #6
            I had a T like this is a HMO. After asking him several times to keep the noise down I wrote to him listing the complaints and telling him that he was putting his tenancy at risk. After his gf jumped out of the window and the ambulance an police were called I had to have strict words. The gf was dumped and peace was restored.

            Comment

              #7
              Originally posted by Lou1266 View Post
              Hi,

              I was wondering if I could get some advice.

              The property I let out is in a victorian house made up of 6 flats. The tenant has been living in the flat for 6 months and I have already had 3 complaints regarding noise.
              In order to protect yourself from expensive legal costs and potential forfeiture of your flat you need to be proactive and take reasonable steps.

              You say you have already warned the tenant about their behaviour so if it is still ongoing then you need to take further action. Alternatively if it's just down to there not being carpet then fit carpet.

              One approach is to say you will start legal proceedings against your tenant as long as the other leaseholders will give evidence at the hearing. Without evidence you are unlikely to be able to evict your tenant.

              Put things in writing (letters between yourself and the tenant and the complainants) and keep copies and get proof of posting.
              I accept no legal responsibility for comments/advice I make on this forum. Please check with a solicitor before acting on statements made in a public forum.

              Comment

                #8
                Is there actually a problem, or is this one neighbour being vexatious?

                ML
                Refer Mad Regulators to Arkell vs Pressdram.

                Comment

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