Help my tenant is causing ASB

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  • Help my tenant is causing ASB

    I am new to this forum and I wonder whether anyone can help me?

    I have a small 2 bed flat which I let out to a private tenant on an AST. He has been in the property for 9 months, and is now on a periodic tenancy. The flat is one of 4 in the block and situated on an estate where the majority of flats are owned by the local authority. Out of the 4 in the block 2 are private and 2 L/A.

    The local authority has contacted me saying that my tenant is causing a nuisance to one of the neighbours, and that he has recently been in court regarding an incident connected with this neighbour. The person who contacted me 'suggested' that I might like to serve a notice on the tenant.

    Two questions:
    (1) Firstly, does the local authority have the right to do this? As far as I am concerned the tenant pays the rent and does not bother me. Surely it's a matter for the police if he has committed an offence?
    (2) Secondly, if I did want to issue a notice, what would be the best - a s.21 (deposit is protected and I wouldn't need to specify why) or s.8 (ground 14?).

    Any advice would be greatly appreciated. I have never had to deal with this sort of issue before.

  • #2
    If I were you, I wouldn't get involved. As you say, the tenant is paying his rent on time and causing you no direct concern. It is up to the local authority to take appropriate action about his behaviour and they are naturally trying every trick in the book to load their responsibilities onto someone else to save them time trouble and cost. Why should you shell out for court costs and your time to take the appropriate action to evict this tenant? I suppose if you are on good relations with him, you could mention that the local council are givng you hassle about his behaviour, but you are not obliged to take any action about this - it is the responsibility of the local authority to act on the complaints that they receive.

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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    • #3
      Originally posted by P.Pilcher View Post
      If I were you, I wouldn't get involved.
      I agree. I had a similar thing last year when a neighbour was complaining about a tenant, I gave the agent permission to have a gentle word with her, next thing I know, she's gone, and it took months to relet. If the LA is so concerned, let them rehouse their tenant.
      I offer no guarantee that anything I say is correct. wysiwyg

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      • #4
        If you have a leasehold flat have a good read of the lease. I have recently served notice on a tenant as there behaviour went against the lease and was causing the other leaseholders problems.

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        • #5
          Thank you for those suggestions - that was my initial reaction, not to get involved.
          However it looks like it may not be a simple as that because I am effectively a leaseholder - the 'lessor' is the council because it's an ex-council property sold under rtb many years ago. There is a clause in there prohibiting nuisance.
          However as the L/l where do I stand - ie am I responsible for my tenant's behaviour at the end of the day? The council from their phone call seemed to infer that I was! I don't want to ask them for their "advice" because ultimately as the lessor they have an interest in trying to suggest that I do something to get rid of this tenant. They have intimated that they may seek 'legal options' if this isn't sorted out.
          Is this right - can they really insist I get rid of him?

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          • #6
            Originally posted by HarfittM View Post
            They have intimated that they may seek 'legal options' if this isn't sorted out.
            This is considered by many to be an extreme outcome, but may give you some idea of how far a council will go;

            http://www.landlordzone.co.uk/forums/showthread.php?t=26287
            I also post as Moderator2 when moderating

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