can I be held responsible if tenant has an abatement against them?

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    can I be held responsible if tenant has an abatement against them?

    My tenant has been reported to the local council, and police by the neighbour on the adjoining house, for suspectedly playing loud music for hours throughout the night. The neighbour has reported 6 occassions from Jan to March 2010, and kept a diary of each incident. The neighbour has called me to complain, so I have always called my tenant to ask if there has been noise from her house, she always denies this and tells me that it is not her playing the music as she has 3 small children (one is also disabled).

    I have now recieved a letter from the council, who have said the next steps maybe to install noise monitoring equipment, which is fine by me.

    Following this if the noise is proven to be my tenant then she could do issued with an abatement order and be taken to court, my tenant is DSS so not sure if this would be an issue.

    What steps do I need to take?
    Do I......
    Need to write to my tenant to make her aware that I have been contacted bt the council and ask her again if she is making the noise?
    Need to write to the neighbour to let her know if I am responding to the complaints made?
    Can I be held liable if an abatement order is issued?
    If you are DSS how would an abatement order fine be paid?, would you even be bothered if you were DSS?

    Can I be forced to evict my tenant? I don't really want to as I would be a few months without income whilst finding a tenant, and out of pocket for repair/cosmetic work that needs to be carried out on my property, an expense that I can't afford at the moment.

    Also would my mortgage company be made aware of such complaints?

    Please, please help as this is a bit of stress that I can do without at the moment! Thanks

    #2
    make sure everything you do is in writing.write to the tenant to tell her you are aware there is a problem, tell her that the neighbour has been in touch and the council. do everything by the book to show you are a responsible landlord.If you co-operate with the environmental office who are responsible for noise control amongst lots of other issues, then I cannot see that you would be held to be at fault.just make sure that if the tenant is issued with an order, write and tell her that she must abide by it or you will have to seek possession of the property.

    Comment


      #3
      Originally posted by hloz1 View Post
      What steps do I need to take?
      Do I......
      Need to write to my tenant to make her aware that I have been contacted bt the council and ask her again if she is making the noise?
      Need to write to the neighbour to let her know if I am responding to the complaints made?
      I would inform the T that if the council take action against her you may be forced to evict (even if you don't mean it). I can't see any point in contacting the neighbour; it's primarily a neighbour to neighbour dispute.

      Can I be held liable if an abatement order is issued?
      Common sense says no, because you cannot directly control the behaviour of your tenant; however, someone posted a thread on here about a landlord who was prosecuted by the council for a T's barking dogs, and heavily fined. So best to be super-cooperative with the council.

      If you are DSS how would an abatement order fine be paid?, would you even be bothered if you were DSS?
      Not your problem.

      Can I be forced to evict my tenant?
      I don't know. It would probably be advisable to do so if the council start getting heavy - local authorities have a lot of power, including the power to prosecute. Personally, I wouldn't want to test them to find out what they could do if you don't cooperate.

      Also would my mortgage company be made aware of such complaints?
      I doubt it.

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