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View Full Version : What is my liability as landlord of noisy tenant



premieji
27-12-2011, 23:15 PM
I am an absentee landlord of a 3 storey HMO occupied by students. There is also a self-contained studio flat on the first floor at the back of the house. My tenant who lives there under a shorthold tenancy agreement is a vulnerable person with a mental illness. He sometimes shouts and swears when he suffers audible hallucinations (hearing voices). He prefers to live by night watching television and preparing meals until morning. He then sleeps during the day until about 5pm. My neighbours have used council recording equipment to support their case that my tenant has been making unacceptable noise during the hours of 11pm and 7am. He has now been issued with a noise abatement order under the Environmental Protection Act 1990, Part 3, Section 80. The maximum fine is 5000 pounds. I did consider eviction but he is now much more considerate and quiet. However, should he suffer another bout of illness resulting in a fine, what is my liability as his landlord? I should add that the tenant in question is my 38 year old son...

Snorkerz
27-12-2011, 23:39 PM
May I ask if the property is licensed by the local authority? Is Tenant/Son there with any specific community support (eg CPN etc) or is he simply there because he is your son?

As he is your son, It may be wise to find somewhere for him where he will not face the (presumed) ill-will of the HMO tenants and he can also avoid the potential fine.

If son is on Housing Benefit and you are not treating him as you would any other tenant (and most would section 21 a tenant who was causing problems for the other tenants) then there is the slight risk of it affecting sons housing benefit.

premieji
28-12-2011, 02:14 AM
May I ask if the property is licensed by the local authority? Is Tenant/Son there with any specific community support (eg CPN etc) or is he simply there because he is your son?

As he is your son, It may be wise to find somewhere for him where he will not face the (presumed) ill-will of the HMO tenants and he can also avoid the potential fine.

If son is on Housing Benefit and you are not treating him as you would any other tenant (and most would section 21 a tenant who was causing problems for the other tenants) then there is the slight risk of it affecting sons housing benefit.

Thanks. The HMO Property is licensed. He is in receipt of housing benefit. No community CPN support as over the past 15 years of illness, he is never deemed ill enough to Section so slips thru nets, hence parental support only. We are retired and living in Spain so unable to house him elsewhere (without selling up and losing our retirement income). I am treating him as I would any other tenant. I have been granted a possession order but since he has quietened down in recent weeks I may not order bailiffs.

Just wondered if any future breach of the abatement order could impact on us as his landlords...? Or does the matter remain between my son, the neighbours, and the Council?