Noisey tenants are putting my HMO Licence at risk

by Readers Question

12:33 PM, 27th January 2014
About 7 years ago

Noisey tenants are putting my HMO Licence at risk

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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second event in 4 months this has led to me been warned that unless I take sufficient action then my HMO Licence may be withdrawn or not renewed at the next annual renewal.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. Noise and HMO Licence

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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Comments

Sue P

12:38 PM, 27th January 2014
About 7 years ago

Evict them ? Seems the best course of action to me.

Mike W

12:57 PM, 27th January 2014
About 7 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.

Adrian Jones

15:42 PM, 28th January 2014
About 7 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?


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