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Steve'n'Dmnd
11-04-2011, 08:27 AM
Hello. I am new to the forum and a non-resident landlord.

I let a flat, via an agent, and the tenant has been in in residence for 16 months and I always receive the rent on time and there have been no problems.

I recently received a complaint from the owner of the flat below (2nd complaint) saying that the noise from above caused by children and friends late into the night is unbearable and that she is 'afraid' to approach the tenant as he reacts in an aggressive manner.

I never have contact with the tenant as that is the agency's responsibility.

So, my question is what is the 'right' thing to do ?

Cheers.

Snorkerz
11-04-2011, 08:42 AM
If the property is leasehold, are there any restrictions in your own lease that the tenant is breaking?

Other than that, it is not your issue. In order to not appear un-helpful, I suggest you call your local council to find out who deals with noise polution (probably EHO) and then suggest to the complainant that they may be able to help.

Steve'n'Dmnd
11-04-2011, 08:50 AM
Thanks for replying.
I wanted to find a happy medium between helping and getting too involved. I didn't know whether to contact the agent etc.
I think I'll just pass the complaint to the agent (with no bias from me) and then follow your suggestion re. the council if the problem persists.
Cheers for your thoughts !

Grrr
11-04-2011, 08:53 AM
I think it is your responsibility as it is your tenant being a nuisance in your property. He will (hopefully!) move on one day, but you need to retain a good relationship with the neighbours. (It would be slightly different if it was your tenant who was being disturbed - then I would agree with Snorkerz and suggest that the tenant contacts the council.) So I do think you should act.

There should be a clause in the AST agreement (presumably provided by your agent?) which requires the tenant not to cause nuisance or to allow their visitors to cause nuisance. I think the first step would be to inform your agent of the problem and ask them to contact the tenant and point out they are in breach of the terms of the lease.

Steve'n'Dmnd
11-04-2011, 08:57 AM
Cheers Grr,
that is why I was concerned to do the 'right' thing as it is the downstairs owners home and she can't move on as easily as the tenant can.
But always minded that it is also then tenants home.
I'll contact the agency and ask them to do as you say.

jta
11-04-2011, 10:51 AM
Clause or no clause, it's unwise to get involved in neighbour disputes. That's the job of the council EH department.

JK0
11-04-2011, 16:21 PM
I had a similar thing, so kicked the guy out after his 6 months. I am now waiting to see if there is a problem with the new bloke. I think if there is, maybe the other owner is too sensitive, and I won't kick this guy out.

jeffrey
11-04-2011, 16:29 PM
Clause or no clause, it's unwise to get involved in neighbour disputes. That's the job of the council EH department.
But that's not so where one leaseholder's actions (albeit via a sub-T) breach a leasehold covenant.
Here, the complaining leaseholder could make F enforce against the offending leaseholder (OP).
So it's very much in OP's interest to protect the leasehold from attack.

Steve'n'Dmnd
12-04-2011, 07:41 AM
Thanks to all for the advice.

The property is in Scotland so there is no leasehold issue but thanks for the input on that.

I just wondered what everybody thought the decent thing for me to do would be.

I'll go with getting the agency to write a letter then simply put the downstairs owner in touch with the agency and they can all fight it out amongst themselves.

Thanks to all again :-)

jeffrey
12-04-2011, 10:44 AM
The property is in Scotland so there is no leasehold issue but thanks for the input on that.
(Sigh) Why did you not tell us earlier?
MODERATORS: please move thread.

Moderator1
12-04-2011, 10:46 AM
This thread has been moved into the Scottish Rental & Legal Issues Forum.

theartfullodger
13-04-2011, 09:58 AM
Various points...

1. If you are paying an Agent to manage the place I'd be inclined to pass the problem on to them..... but...

2. Beware, under the Anti-Social Behaviour etc. (Scotland) Act 2004 (Which you knew about as you registered with the local authority as a landlord under it's provisions...) you the Landlord are responsible in some circumstances for tenant's ASBO stuff...and ultimately if unhappy with LL's actions council can issue a notice saying rent is no longer payable.. (S94, Circumstances in which no rent to be payable ) so you'd be advised I think to be able to demonstrate you've acted responsibly & done what a reasonable person would expect.... That your agent failed to sort it properly don't absolve you of your responsibility...

so...

3. I'd start writing various letters, keeping copies etc. SaL have a series of draft documents you can download & tweak... see this screenshot...
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http://i589.photobucket.com/albums/ss338/theartfullodger/ASBOLandlord.jpg

==================


4. Hearing of any tenant someone else is unwilling to approach


is 'afraid' to approach the tenant as he reacts in an aggressive manner.

might make me be inclined anyway to issue NTQ, S33 & AT6 - if only as a prompt to T to start behaving. As far as I'm concerned we don't want people like that in our country, as Tenants, Landlord's or anything else...

5. I'd want to check neighbour would be prepared (if they haven't already..) to put issue in writing to the Polis... Interfering neighbours acting out of spite have been know aye??

6. As usual the experts in LL&T provide excellent advice & guidance...
http://scotland.shelter.org.uk/getadvice/advice_topics/neighbourhood_issues/antisocial_behaviour/private_landlords_and_antisocial_behaviour/how_private_landlords_should_deal_with_antisocial_ behaviour


Private landlords are responsible for preventing their tenants behaving in an antisocial way in and around their homes. This means that if their tenants are acting in a way that causes or is likely to cause alarm, distress, nuisance or annoyance to anyone living near their home, the landlord must take action.



What can landlords do to stop antisocial behaviour?

Steps landlords can take include:

* investigating complaints about their tenants' behaviour
* writing to tenants to explain that their behaviour is causing concern and asking them to modify it
* giving advice on noise reduction
* asking the council to apply for an ASBO for the tenants
* going to court to get an interdict to prevent the tenants behaving in a certain way
* threatening to evict the tenants.


Yours aye

Artful

Steve'n'Dmnd
18-04-2011, 11:53 AM
This detailed reply is most appreciated. I see I am more responsible that I had previously imagined. I shall move the issue forward with the agent. thanks for all that information.

MrsMac
21-04-2011, 15:27 PM
You say you haven't had any problems with this tenant previous to this complaint and that your rent is paid on time so, unless this becomes a persistent problem, I would suggest you may not want to move your tenant on at this stage.

You might contact the complainant and thank them for bringing this matter to your attention, let them know that you have contacted your Agent to asked them to have a word with your tenant without mentioning where the complaint came from - and then do that. Also, pass on your details of your agent. You may also want to find out the contact details of the team that deals with noise nuisance in the area of your property, pass these on to the complainant and ask them to get in contact with the team if there is a re-occurrence. Firstly because it is that teams job to help in situations like these and secondly because if it does all go pear-shaped and you need to go to court to eject your tenant because of this issue then you will need evidence. Keep a copy of all correspondence.

Advice from Landlord Accreditation Scotland is that neighbour disputes are just that and should be dealt by whichever dedicated team works in your area - that's what they get paid for. Yes, I am aware that under the ASB Act ultimately the buck stops with the landlord but you have an Agent whom you pay to deal with this kind of thing for you and what the authorities are looking for is that you don't simply ignore the issue and let your tenant run roughshod over the neighbour's right to peaceful enjoyment of their home. Bear in mind though that what is a ridiculous level of noise to one person is not to another.

BTW what type of flooring do you have in the property?