Noisey tenants are putting my HMO Licence at risk
HELP!
I’ve an HMO Licensed flat in Edinburgh.
My tenants have been noisy late at night and the Council Night Time Noise Team have attended.
As this is the second event in 4 months this has led to me been warned that unless I take sufficient action then my HMO Licence may be withdrawn or not renewed at the next annual renewal.
After the first event we held a meeting with our tenants, some of their parents (who act as Guarantor), members of the Council Licencing Team and the complaining neighbour. We thought that we had sorted things.
Does anyone have any advice on how to deal with it this time?
As landlord there don’t seem to be any sanction that we can legally impose.
HELP!
Thanks
Mike
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Member Since October 2013 - Comments: 48
12:38 PM, 27th January 2014, About 12 years ago
Evict them ? Seems the best course of action to me.
Member Since September 2013 - Comments: 217
12:57 PM, 27th January 2014, About 12 years ago
Mike,
You repeat the process.
If your lease has been submitted to the council for approval they will have ensured that you had an appropriate clause for you to take action.
You issue a formal notice to say that you will evict in accordance with that clause.
You point out to the tenants that as this is likely to ‘be in the news’ it may be difficult for them to get future accommodation. And of course they won’t get a reference from you.
In short if that don’t work you evict.
Now the reality is that the council are unlikely to withdraw your hmo licence because then you would be operating illegally. Then the tenants would be made homeless and the council would have to house them. And by making your property unrentable they will have reduced the number of beds in city.
I know of other councils where unregistered landlords operating hmos in scotland are not taken to court. The council leans on them. Court action is the very last resort used only if the landlord is being obstructive.
In your case you seem to be doing everything a reasonable landlord can do.
Turn it round – ask the council for suggestions.
Member Since July 2013 - Comments: 305
3:42 PM, 28th January 2014, About 12 years ago
Why doesn’t the Council and/or police take action against the tenants?
Who would take action if the tenants were a family in a rented house or owned their house?