Liverpool – Anti-social behaviour during Freshers’ Week!

by Readers Question

9:58 AM, 25th September 2018
About 3 months ago

Liverpool – Anti-social behaviour during Freshers’ Week!

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Liverpool – Anti-social behaviour during Freshers’ Week!

I am a licence holder in the Liverpool Landlord Licensing Scheme/Scam.

I have received an email from the Council reminding landlords about the new legislation regarding HMO’s. That is fine and councils should be contacting landlords about such matters, however, it was the final paragraph that alarmed me, and I quote:-

‘Anti-social behaviour during Freshers’ Week.

“If you own or manage a property, please remember that under your licence conditions you have a duty to ensure that your tenants do not cause a nuisance to their neighbours.

We can take action if complaints are made to us about nuisance or antisocial behaviour.”

Other than sitting outside the relevant property 24 hours a day, how do the council propose that landlords ‘ensure’ tenants do not act in an anti-social way!

I cannot think of another situation in which the ‘law’ would make someone responsible for the actions of a third party. In fact, would this be legal or is this just another condition ‘thrown in’ by yet another anti landlord authority?

John



Comments

Neil Patterson

10:00 AM, 25th September 2018
About 3 months ago

Good Luck trying to control Freshers!

Maybe landlords are paying for a licence to become local community police officers as well?

AA

11:02 AM, 25th September 2018
About 3 months ago

We can take action if complaints are made to us about nuisance or antisocial behaviour.”
Exactly what action can they take against you - zippo !
You have to act LAWFULLY. All you can do is perhaps a polite reminder to your tenants by way of say an email reminding them of their obligations re behaviour. You will have demonstrated competence re your duties.

There is not a court in the land irrespective how messed up the judicial system maybe that would not allow you not to carry out a lawful activity - which letting property is.

I have had council officials over step their mark and the minute I have indicated legal recourse they have always ducked for cover and done a u turn before I have put the phone down.

Remember its the courts that have the say, and generally speaking, the courts don't like LA s.

Oyibo

14:22 PM, 25th September 2018
About 3 months ago

"we can take action if complaints are made to us about nuisance or antisocial behaviour.”

Action maybe the HMO licence is denied?

AA

21:21 PM, 25th September 2018
About 3 months ago

Nope - courts would have over ruled the decision before you have even lodged the court papers.
Your fundamental economic rights cannot be denied as long as you are compliant and a fit and proper person. Letting property is a lawful activity.
As long as you are not an absent landlord and proactive in your case handling which you may have to demonstrate by way of communications , meetings, emails to address an issue - you are in the clear.

LA s may capitalise from statute, bend it in their favour, use it to make your life difficult but they don't make it.

LANDLORD 35

18:02 PM, 26th September 2018
About 3 months ago

You may be interested in this document. https://researchbriefings.parliament.uk/ResearchBriefing/Summary/SN01012#fullreport
"Anti Social Neighbours Living In Private Housing (England)"
February 2017. This is a briefing paper available from the House of Commons Library. This clearly explains that landlords are not responsible for the behaviour of their tenants and cites the relevant legal cases. It also states that a landlord cannot be forced to evict a tenant.


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