Tenant Anti Social Behaviour

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    Tenant Anti Social Behaviour

    Tenancy England 12 months from 1st Feb 2017 now periodic.


    I have just been informed by several neigbours of my tenant that they are suffering because of the frequent long noisy foul mouthed arguments between the tenant and a boyfriend that has moved in. The problem has been going on for over a year and has been so bad the police have been called on 4 occasions.

    The council have been informed but say as it is a private rental it is not their problem and it is my responsibility to sort it out.

    The only thing I can think of is to serve a S21 notice which I am happy to do but I have a couple of questions:-

    There is a problem with one of the toilets that is being sorted but is taking a while – should I wait for this to be done before issuing the S21?

    I am thinking of writing a letter explaining why the S21 is being sent and implying that if the rows stop I will not enforce it, the hope being it might buy some peace for the neighbours during the long eviction process. Can anyone think of a reason why this my be a bad idea?

    #2
    If there is a second toilet which works, then the 1st one is not a priority, but I would get it fixed asap (before you issue the S21, as you might not get access).

    You don't need to explain anything, if you do may make things worse. Don't get involved in someone else's domestic affairs.

    Comment


      #3
      Thanks for your comments ash - there is a second toilet that works in the house, I was wondering if a disrepair claim would affect the S21 and had not thought it might cause access problems. I will hold back the S21 until the problem is solved.

      I understand I do not need to explain why I am issuing the S21 but I would like her to be aware that her irresponsible behavior has consequences and have a slight hope that it might improve things slightly. From what I have been told there is no way things could get worse.

      Comment


        #4
        Just as an aside, and i may not have seen you mention it, but have you actually spoke with the tenant and explained that if the ASB does not end then she will be evicted ? It probably will not work, but it is worth a go and then no explanation is needed when the S21 lands on the mat.

        Comment


          #5
          Hudson,
          I haven't spoken to the tenant yet but I am prepared to do so and it may be better than a letter as there will be no record of what was said. My logic is the receipt of a S21 will re-enforce the message. If the ASB stops - great I can choose not to enforce it when the notice ends, My concern is implying the notice is dependent on her future behavior may provide some sort of defence even if there is no improvement.

          Comment


            #6
            I doubt it will be received in the manner in which it was intended, and may be confrontational to say the least. After 4 occasions by the police being called the situation has not ceased, I doubt a LL with virtually no powers like law enforcement will help matters, more like to stir up more fuel. I would just serve notice and leave it at that, but that's just my opinion.

            Comment


              #7
              The good thing about using a S21 is that it's not defendable. As long as all your paperwork is in order. Make use of the time you have to check very carefully before you issue (or your lawyer/eviction specialist does so). Get Gas Safety Certificates etc done. As far as I know, a disrepair claim should not derail a S21 unless the Council have got involved and have issued an enforcement notice.

              Communicating with your tenant is a good idea, but having been in a similar situation, I think it may not be sufficient. You should be positioning for an eviction. In my tenant's case, the police were called multiple times during lockdown to deal with noisy and violent arguments. Alcohol, drugs and domestic violence were involved, a downward spiral which wasn't susceptible to reason.

              Try to stay out of all that mess and concentrate on the eviction, that's the only thing that you can control.

              Comment


                #8
                ash, Webland,

                Thanks for your comments. The general consensus seems to be just serve the notice with no reason given however I see 2 problems with that:-
                1) As soon as the notice is received the tenant will be on the phone asking why it has been served - I am not prepared to lie.
                2) Any faint hope that the tenant will behave during the notice period, in the hope it will not be enforced, will be lost.

                EPC is in place, GSC has always been done, no deposit was taken, electric checks have always been done. I was provided with a package by the agent who did the tenant find and tenancy agreement that contained all that information and can only hope they have proof that it was also provided to the tenant.

                Comment


                  #9
                  If you're in England/Wales, the problem is not yours to sort out.
                  You can choose to become involved, but it's a choice, not an obligation.

                  The local authority has processes that they can follow to try and solve anti-social behaviour, but people are allowed to have foul mouthed arguments in their home.
                  It makes no difference that the property is privately let or not.

                  The neighbours aren't your neighbours and will have to put up with the problem or deal with it.
                  Anyone you let to could cause the neighbours problems, you're a landlord not the tenant's parent.

                  If you serve notice, you really need to be prepared to evict them, otherwise it's a pointless waste of time.
                  And it's likely to damage their relationship with you, which isn't ideal when they are living in a very valuable asset.
                  People generally don't consider whether or not to have an argument before they have one, so it's unlikely their behaviour will change whatever you do.
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment


                    #10
                    Yes I agree with jpkeates. Why get involved with something that is not down to you? Personally I would not get involved and would leave it for the local authority/police to deal with.

                    Comment


                      #11
                      Going to make a small bet that this is the OPs old property and some of the old neighbours have been in touch.
                      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                      Comment


                        #12
                        jpkeates, You are nearly right, the house is next door to my old property and I do know all the neighbours.

                        This is not the odd row in the privacy of their own house, the problem is happening every few days, it is spilling out into the garden and street. Two children are also involved who end up crying and shouting at their mother to stop. The rows are happening at all times of the day and night.
                        The police may have done their best but their involvement has made no difference. The council have wiped their hands of it with no investigation. I would not want to live next door to this - would any of you?

                        Legally it may not be my problem but as owner of the property I feel I have an obligation to do something.

                        Comment


                          #13
                          Originally posted by daveg View Post
                          Legally it may not be my problem but as owner of the property I feel I have an obligation to do something.
                          All you can do is serve notice and move the problem somewhere else.

                          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                          Comment


                            #14
                            "All you can do is serve notice and move the problem somewhere else." Sadly jpk you are correct.

                            I am leaning to the opinion, that as others have suggested, I should just serve notice with no reason and when asked give some waffle about financial reasons

                            Comment


                              #15
                              Many landlords lie to the tenants and say they're planning to sell the property.
                              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                              Comment

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