vinto22 Posted May 26, 2010 Report Share Posted May 26, 2010 It has been brought to my attention that a tenant who is renting my house in Scotland is running a business from that proerty. The properrty is managed on my behafl by a national letting/estate agent franchise. On enquiry the tenant denied that the business is being run from the house even though the rear garden looks like a builders yard, neighbours have witnessed equipment being moved to and from the garden and work taking place in the garden late into the night and early morning amongst other things. The letting agent is writing to the tenant to warn about breach of tenancy etc. However, we have seen that the tenant has a website promopting his business and using the address of the properry he is renting. Does anyone know how we can ensure that the address of my property is remaoved from the website and if he fails to do so can I take legal action to have it removed? The webmaster for this site appears to be from Poland. Would this make any difference to legal action as it is outside of the UK? Link to comment Share on other sites More sharing options...
Mortitia Posted May 28, 2010 Report Share Posted May 28, 2010 Hi Vinto, I know that Scottish law has its own peculiarties but I would go and visit tenant and point out that he is contravening his AST - show him where and ask him to remove the address from the website pronto. If you feel you can't do that I would use a solicitor at this point I take it you will be giving him notice immediately? Mortitia Link to comment Share on other sites More sharing options...
vinto22 Posted May 28, 2010 Author Report Share Posted May 28, 2010 Hi Mortitia Thanks for the information. The letting agent acting on my behalf has delevered a letter stating that the tenant is in breach of tenancy and demanded that they cease trading and using the property for their businesss or notice will be served. However, I am not sure if using the address on the website of that property as his point of contact could be considered a breach of the tenancy agreement. I am considering contacting the tenant on his business email and requesting that the address be removed from the website but I am unsure if this could be considered a reasonanle request or a form of harrassment. vinto22 Link to comment Share on other sites More sharing options...
Mortitia Posted May 28, 2010 Report Share Posted May 28, 2010 I would not say that asking the tenant to remove the address of your property from the net is harrassment. He is breaching his agreement - big time by running a business from the property - I take it the property is residential only and the AST was for that? It might be worth contacting the Polish webmaster (use a 1 off hotmail account for this purpose) and explain the situation. The webmaster must speak English and Poland is part of the EU. Worth a try anyway. I'm sure tenant will take no notice of your email but give notice of an inspection and discuss it face to face or use a solicitor. Mortitia Link to comment Share on other sites More sharing options...
vinto22 Posted May 28, 2010 Author Report Share Posted May 28, 2010 Thanks for that. I am givning him 14 days grace to cease trading and remove the address from the net. If he does not remove it I shall do as you suggested. Many thanks vinto Link to comment Share on other sites More sharing options...
vinto22 Posted June 22, 2010 Author Report Share Posted June 22, 2010 Just by way of an update. I gave the tenant 14 days grace to remove the address of the property from various internet sites and to cease trading from the property. This he has not done. It has also come to my attention that the managing agent acting on behalf actually knew from the day the tenancy began that the tenant would be running his business from that address. He has flatly denied the knowledge of the tenant running his business from that property and during inspections must have turned a 'blind eye' to this. It would appear that this managing agent has lied on numerous occasions and has failed to follow TPOs guidelines in allowing the tenant to trade, failing to reply to my communications and carry out my requests. Surely this agent has got to be made accountable for his actions, or lack of? The saga continues. Link to comment Share on other sites More sharing options...
Mortitia Posted June 24, 2010 Report Share Posted June 24, 2010 Hi Vinto, Yes agree the agent should be made to account for his behaviour. Does he belong to one of the trade association such as ARLA or NAEA so you can complain to them about their member? I take it you won't be using him again and suggest you tell your friends and associates not to either. I take it you are trying to get the tenant removed? Link to comment Share on other sites More sharing options...
Chestnut Posted June 24, 2010 Report Share Posted June 24, 2010 Re. Publishing (your) property address on the internet without permission why not suggest direct to tenant that he's committing criminal offence by infringing Data Protection Act and Copright Act etc and you will take legal action? Link to comment Share on other sites More sharing options...
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