Landlord held responsible for nuisance caused by tenants

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    #16
    I have now heard from Hertsmere BC

    As there is an appeal pending in this matter and a number of other related cases yet to be heard, it would not be appropriate to comment at this stage.

    When all have become a matter of public record we would be happy to provide a summary of events.
    Is there a danger if nothing is done and Hertsmere obtain judgement in their favour that we have case law established that the Landlord becomes directly responsible for the misdemours of his/her tenant?

    Where and how can we obtain more information about the case reported in my original post?

    Wonder if the Watford Observer reporter was in Court - is that a line to follow?

    Would there be a legal eagle here willing to contact the landlord and offer the support she needs?

    PS Just wondered if the Council and Committee Minutes might provide insight - I'll ask
    Vic - wicked landlord
    Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
    Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

    Comment


      #17
      Originally posted by Worldlife View Post
      Where and how can we obtain more information about the case reported in my original post?
      The Civil Procedure Rules allow persons not party to the proceedings to obtain copies of court documents.
      http://www.justice.gov.uk/civil/proc...5.htm#IDAMDI5B

      But that's not Criminal rules. I don't know anything about them, but here they are.
      http://www.justice.gov.uk/criminal/p.../rulesmenu.htm
      Part 16 looks as if it may be relevant.

      Comment


        #18
        Originally posted by Worldlife View Post
        Is there a danger if nothing is done and Hertsmere obtain judgement in their favour that we have case law established that the Landlord becomes directly responsible for the misdemours of his/her tenant?
        I do not think so.

        This is either a rogue decision or there is more to it than meets the eye.

        Comment


          #19
          Email as below sent to Hertsmere BC

          Reply awaited - will post it on here asap


          Good afternoon,

          I am very interested in this http://www.cieh.org/ehn/ehn3.aspx?id=28322

          On behalf as a member of the Landlordzone forum, can I ask a couple of questions please?

          1. How on earth can a landlord be, as this case seems to portray, responsible for the actions of a tenant? This seems to be very much like the owner of a motor vehicle being held responsible for the driver to whom he loans it when that driver speeds (i.e. punishing both owner and driver).
          2. You apparently served notices on the landlord as well as the tenant. What did you require the landlord to do (i.e. evict the tenants, obtain a court order reducing the dogs – what????)
          3. The maximum fine for a breach of a nuisance abatement notice seems to be £5000 but £20000 if the breach is in the course of a business. So how come the landlord was fined in excess of the maximum or was that costs?
          4. Do you really think it is fair, just and equitable that a landlord should be held responsible in this way for the actions of tenants whom the landlord has no control over.
          5. Is the reporting accurate or is there more to this than meets the eye to coin a phrase??


          Regards


          David J. Button

          Comment


            #20
            Originally posted by davidjohnbutton View Post
            Actually, you might be surprised to learn that it IS NOT an offence to tape record a telephone conversation where one of the parties is unaware that they are being taped. It IS an offence to tape a telephone conversation where NO PARTY is aware.

            I have had taped evidence admitted in more than one court case where I taped a telephone conversation which I myself was party to and it was my deliberate intention to use that evidence in court.

            If you warn someone that they are being taped beforehand - they may well not say things that they would when they are not aware. So my friends, you assume that every telephone call is being taped and choose your words carefully lest there is someone at the other end taping you!!! BTW, if you do end up taping someone, dont use a digital recorder, use a proper tape recorder as it is easier to alter a digital recording.

            What did actually surprise me was that I did not have police knocking at my door over the teef threat!!! I would then have pleaded extreme provocation and probably just got a warning since I never actually carried out the threat but instead placed a call almost immediately to the relevant Chief Executive.

            What kind of device did you used to record the calls ?

            Comment


              #21
              Ordinary mini tape recorder with an inductive suction held coupler on the earpiece connected to the mic socket

              Comment

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