keats65 Posted January 27, 2010 Report Share Posted January 27, 2010 Hello me again! This is a matter troubling me re noise complaint for a flat i let. I had to evict the previous tennant under s21(contract had expired but I privately only went to evict due to complaints about noise) The new tennant moved in today and the chap downstairs has texted me to complain that it is a family of 4 moving in and as it is a 1 bedroom flat that it is not suitable and he is going to take me to court if they arent out by the weekend. Its too early to tell but i guess noise complaints will again follow and now wonder if the previous tennant was in fact a nuisance or maybe this guy has just a low tolerance level. Anyway my agent tells me he was not aware it was a family of four. On checking the lease it does not appear to be breach based on occupancy as it is suitable for one family to reside their but does not state the size. Clearly this is not ideal and possilbly the tennant has lied to my agent(to be determined). What could i be sued for and how should I proceed? Thx in advance for any advise. Link to comment Share on other sites More sharing options...
snorkerz Posted January 30, 2010 Report Share Posted January 30, 2010 Hello me again! This is a matter troubling me re noise complaint for a flat i let. I had to evict the previous tennant under s21(contract had expired but I privately only went to evict due to complaints about noise) The new tennant moved in today and the chap downstairs has texted me to complain that it is a family of 4 moving in and as it is a 1 bedroom flat that it is not suitable and he is going to take me to court if they arent out by the weekend. Its too early to tell but i guess noise complaints will again follow and now wonder if the previous tennant was in fact a nuisance or maybe this guy has just a low tolerance level. Anyway my agent tells me he was not aware it was a family of four. On checking the lease it does not appear to be breach based on occupancy as it is suitable for one family to reside their but does not state the size. Clearly this is not ideal and possilbly the tennant has lied to my agent(to be determined). What could i be sued for and how should I proceed? Thx in advance for any advise. Some of this depends on what your own lease with the freeholder makes you responsible for. However, overcrowding isn't something you can be held responsible for by a neighbour. If it is an issue to you, then you might be able to remove the new tenants with a s8, g12 - but that is time and money. If a noise complaint follows - again not your problem. Neighbour would have to take it up with tenants, and if tenants did nothing about excess noise, then neighbour would have to involve the council. You are not responsible in a situation like this for your tenants - you are their landlord, not their parent! Perhaps you could complain to the neighbours mortgage company about harrassment from the neighbour - see my point? Link to comment Share on other sites More sharing options...
sjcollett Posted February 2, 2010 Report Share Posted February 2, 2010 Hi, I have recently had this issue - I wrote a blog about the tenant/ neighbour story - may be worth a read and give you some tips! http://wp.me/CIxO Sam Link to comment Share on other sites More sharing options...
Mortitia Posted February 2, 2010 Report Share Posted February 2, 2010 Read your blog Sam. I think if the complaints were more than 2 and ongoing I would tell complainant to contact Environmental Health if no damage was being done to my property. They are far more experienced at handling this sort of thing than a landlord. Although it is handy to have the goodwill of neighbours sometimes they have petty squabbles that get quite out of proportion. Being a landlord away from the premises you can have no idea how they started. Get the council in - that is what they are there for isn't it? Mortitia Link to comment Share on other sites More sharing options...
sjcollett Posted February 6, 2010 Report Share Posted February 6, 2010 Yes that is what I suggested - i agree with you Mortitia Read your blog Sam. I think if the complaints were more than 2 and ongoing I would tell complainant to contact Environmental Health if no damage was being done to my property. They are far more experienced at handling this sort of thing than a landlord. Although it is handy to have the goodwill of neighbours sometimes they have petty squabbles that get quite out of proportion. Being a landlord away from the premises you can have no idea how they started. Get the council in - that is what they are there for isn't it? Mortitia Link to comment Share on other sites More sharing options...
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