Council threaten after uncorroborated nuisance complaint?

by Readers Question

8:55 AM, 29th April 2019
About 4 months ago

Council threaten after uncorroborated nuisance complaint?

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Council threaten after uncorroborated nuisance complaint?

Last year I let a property to a young lady and her boyfriend. He was recently arrested for assaulting her and is on remand. The old lady next door who lives in a council property has complained to the council about loud music and shouting.

The council passed these complaints on to me urging I take action, or else. I spoke to my tenant who denied the complaints and told me the old ladies dogs are out all hours barking and keeping her children awake. I passed her comments on to the council and they said barking dogs do not constitute a nuisance. I told them I believed this matter was more about people not getting on and without evidence that my tenant was making undue noise, I couldn’t take action against her and also as her boyfriend was no longer on the scene, things might quieten down.

Mediation was organised, but the tenant didn’t attend. She goes to university, works and has 2 children and said she hasn’t the time to respond to false allegations.

I received a letter this morning from the council stating the house was originally bought under the councils right to buy (not by me) and I’m still obliged to follow its covenants namely not to cause or allow nuisance or inconvenience to neighbours. Also they say they will inform my mortgage company, that as the landlord I am neglecting to follow the covenants and I have three weeks to take steps or it will be passed onto the councils legal department.

The threatening tone of the council irritates me and wonder why they seem reluctant to investigate the noise complaints which seem to occur mainly at weekends. I’m tempted to do nothing and short of eviction I’m not sure what action I can take?

Sheridan

 



Comments

blair

9:57 AM, 29th April 2019
About 4 months ago

I was wondering if you are in a area that requires you to pay a licensing fee. I in Brent with 5 flats. The grounds and claims they made in the consultation process was that licensing would help
Prevent anti social behaviour and give the Council better ability to deal with complaints
Similar to you when I reported bad neighbours they did nothing but pursue the other landlord for not registering adding a finders fee
My point I guess is don’t expect
Much from your council expect articles saying how effective they are!! Rubbish

You might get further if you ask your Councillor for assistance

terry sullivan

10:04 AM, 29th April 2019
About 4 months ago

haRASSMENT--LIBEL/DEFAMATION?

Lindsay Keith

10:23 AM, 29th April 2019
About 4 months ago

Rubbish though the Council may be talking, do not ignore, they won't just go away. Depending on their political make-up, they may be pursuing an entirely different agenda than what they give the impression they have in play, namely, dealing with a nuisance. Their reported threat is dangerous.

By all means speak with your local Councillor but at the same time see your solicitor. Make sure in advance that the solicitor is in fact an expert in the quarrelsome minefield that is Landlord & Tenant. Not just a local tabby that does conveyancing and 'family'.

Kathy Evans

10:26 AM, 29th April 2019
About 4 months ago

Apparently, barking dogs are a nuisance you can report - most councils have a form for this. Just barking whne the postman calls, for example, doesn't count but barking for long periods for no obvious reason does.

Rob Crawford

10:42 AM, 29th April 2019
About 4 months ago

Wow, where are we going on this! Has the neighbour or tenant complained to the Police or Councils Environment officer about anti-social behaviour? You cannot do this for either, the complaint must come from them. Once reported, factual evidence needs to be collated. The Environment officer can monitor any noise issues over a period of time and produce this as evidence one way or the other! Police reports can also be used. Until this evidence is available, you are unable to act reasonably beyond serving a caution! Once the evidence is available and if the issue is the fault of your tenant, then you can serve an eviction notice. Don't ignore the Council. Advise them that you have served a caution to your tenant. Explain that you wish to see evidence of ASB and until that is presented to you, you cannot be expected to evict the tenant. You would, however, do this if evidence that would be acceptable to a Court, is provided. Hope that helps!

Richard Peeters

11:37 AM, 29th April 2019
About 4 months ago

Re: RTB Covenants - Sheridan wrote: "I received a letter this morning from the council stating the house was originally bought under the councils right to buy (not by me) and I’m still obliged to follow its covenants".

For how long are these covenants in force (after the sale via RTB)? Forever? Or do they lapse e.g. after 20/50/100 years?

Mike

13:31 PM, 29th April 2019
About 4 months ago

Why not just evict the tenants giving her S21 notice to go, bad tenants needs kicking out.

All bad tenants deny they are ever at fault, that is typical of them. This is the reason when landlords don't act on complaints the councils are forced to introduce selective licensing. Her boyfriend is in prison, this alone proves beyond doubt if they were both any good decent tenant, get rid of her and get some decent tenants who deserve peace and quiet.

Rob Crawford

13:55 PM, 29th April 2019
About 4 months ago

Reply to the comment left by Mike at 29/04/2019 - 13:31
Because there is no evidence that the tenant is bad! It could be aggressive neighbours who don't want her there because she doesn't like dogs.

Hamish McBloggs

15:32 PM, 29th April 2019
About 4 months ago

Get the LA to measure the noise. You need evidence.

I had a tenant who complained about the noise from surrounding flats; they could not sleep.

I then had complaints from neighbours who complained about the noise from my tenants and they were suffering sleep depravation due the constant loud 'bickering' of my tenants at all times of day and night.

When challenged by me, my tenants went to the council and lodged a complaint.

A man from the council turned up with sound monitoring equipment and installed it for evidence gathering.

The loudest noises recorded was the snoring and bickering of my tenants.

I warned my tenants in writing.

They then complained about damp. They were the first tenants in a new build and on the first floor.

Despite being contrary to the tenancy agreement and my repeated verbal requests not to, they continued to dry washing on clothes horses in the property. They also took in washing for others and dried this in the property. They taped over all the trickle vents as the 'pollution' which got in affected her asthma. They placed bowls of water on the radiators to keep the air moist to alleviate the asthma.

Water would be running down windows and ponding.

They complained to the council about the damp which caused mould that apparently exacerbated the asthma and asked me to pay for replacement/dry cleaning of curtains affected by mould. I refused.

I would regularly visit and argue, remove tape from trickle vents, open windows to air the property. I explained the problem in writing to the council and heard nothing more.

They then stopped paying rent and after a very lengthy and expensive battle I managed to evict them. The free advice and support they received and their free representation in court cost me a total of about £15k in lost rent, void, legal fees, being advised to sit tight until evicted by bailiffs.

Then I had to fully redecorate.

Very stressful.

I read recently that the LA subsequently put them up but then also evicted them for not paying rent. They then went to the papers and complained at being victims and how they are being forced to sleep in their car. Even a senior local politician carefully but effectively stated in response the anti-council story in the paper that you just can't help some people.

Hamish

Lindsay Keith

9:17 AM, 30th April 2019
About 4 months ago

Reply to the comment left by Richard Peeters at 29/04/2019 - 11:37
Suggest look at the deeds by way of search at Land Registry. You can do this online, or ask your solicitor to do this.

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