Landlord has washed his hands of us!

[Angryattheworld]

I've lived in my current home a decade and only complained about a tenant once before when he kicked the crap out of his ex girlfriend on an access visit to drop off their toddler and loads of us rang the police. So it's not like I'm complaining all the time.

New neighbours moved in three weeks ago, in this time (I am the only one that shares a building with them) we have had regular complaints about their behaviour from locals. About ridiculous music, noise and weed and running up and down the stairs so loud next door can hear.
I was away with family and getting messages from locals saying how bad it was.
Everyone has complained to the landlord so the landlord has also got in touch with me.

The landlord has stated that as they are in tenancy of six months there is nothing they can do and if we have any more issues we should just report to the council now.

Is this normal?
Can they just pass all the buck even though they own the property?

I'd say so, get onto the council.

Op l am a LL, and although your new neighbours sound like hell, unless they are breaking the terms of their tenancy agreement in a way that can be proved in court by your landlord, then he has no option to get them out before the tenancy is up.

None of the things you mention would be breaking the tenancy agreement except growing weed (solid proof would be needed).Even then it would take time to go through the courts.

Your LL is probably utterly fed up too, l would be, BUT tenants (even bad ones ) have a lot of legal protection, and cannot just be evicted for being noisy.

Contacting the council is worth a try as a noise abatement order could be tried for, but l am not sure of the requirements...

I will be contacting the council and various other people.
It just seems a joke that the landlord who is the landlord for several of us can just say nope not our problem!

Sorry cross post Dragon thank you.

They have broke several points of their tenancy agreement based on what mine says.
The maisonette is non smoking for a start and they are smoking heavily.

Hope that was helpful op......it is often difficult for the LL too for all the reasons you have stated, no doubt he is fielding lots of irate complaints from the other tenants, and worrying about the state of his property, and possible damage, but legally unable to do anything other than request they be quieter.

But what do you want LL to do? He can’t chuck them out unless they break the terms of the lease. Even then it will be fairly tricky

Theres pretty much fuck all the ll can do

I don't even know what I want them to do Efferlunt. Continue to send them letters I suppose rather than just dumping me to deal with them.
This has been my home for ten years and I'm gutted.
We also picked this particular property over a much nicer one because they were strictly no smoking and I've ended up with my son in hospital as a result of the constant smoke drifting in :(

It is Dragon thank you.

Don't the council have to give them notice before they can come out.
So they stop smoking, stop the weed and stop the noise as they know the council is coming out?

What has it got to do with you?

As in, why are all these other people contacting you about these tenants' behaviour?

Surely it's between the tenants, their landlord and agencies such as police/council etc?

Just because you live in the same building doesn't make you liable for their behaviour. I expect the landlord will be moving them out as soon as he is legally able if they are that problematic.

The no smoking clause is likely to be unenforceable. It's very difficult to (lawfully) dictate what someone can do in their own home (and it is their home for the period of the tenancy). The ban can be enforced in communal areas, but they would need to actually be smoking there, and you'd need evidence of it happening (and not just a one off).

It is affecting us also. As I've said my son (who has a condition affecting his lungs) has ended up in hospital because of the smoke.

I don't know why I have become the designated complaint point though. I don't need it and I have said say it to their face or go straight to the landlord.

The LL would need to go to court to get them out. Unfortunately the court processes for these things are lengthy, and would probably meet or exceed the length of time it would take to go down the S21 eviction process at the end of the 6 month fixed term tenancy agreement.

Sadly there's a limit to what the LL can do; the best you can hope is that he correctly issues a section 21 at month 4, timed to expire when the fixed term of the tenancy expires, and then either the tenants go of their own accord or he follows the court process to evict them.

www.landlordlawblog.co.uk/2016/04/21/grounds-eviction-ground-12-breach-obligation-tenancy/

Dragongirl without seeing the TA you cannot possibly know whether the TA has been breached. Most TA have clauses about not causing a nuisance to neighbours, and under the Housing Act the tenant causing the issues could have possession proceedings commenced against them under both ground 12 and ground 14. Please check the law before giving incorrect advice.

Thanks Bombardier.

It's a nightmare.
The doors on the property are utterly rubbish. The gap under our front door which opens up onto a communal hall (hard to explain the weird set up!) has a gap of around five inches underneath so everything just floats in. If they are smoking in their living room it smells like they are in the same room as us in my boys bedrooms :(

Seemingly they can do what they want and sod the consequences :(

I would stop dealing with the complaints its not for you to sort out.
Get the neighbours complaining to contact the council where they will then send over the Enviromental Noise to see if the tenants are being unreasonable with noise. They wont let the tenants know that they are coming out and will probably install a noise recorder in a neighbouring property.

Regarding the smoking have you seen them smoking? Again although you say they are smoking the landlord will need proof that they are breaking their tenancy agreement.

Unfortunately landlord cant do much without proof and even then it is very difficult to chuck out a tenant.

Can you put a draught excluder on your door to at least partially ameliorate some of the problem?

Oh I don't doubt it's affecting you and your family, I just don't understand why everyone is reporting it to you!

I would use lots of draught excluders around your flat to minimise smoke coming in.

If the doors on the property are rubbish then that is something the landlord can sort out, make him aware that there is a gap and see if he will fix it.

We have draft excluder stuck to the bottom and those material and foam ones behind every door. I've even put some of the excluder on the windows to try and limit it.

I'd suggest draught excluders too, and an ioniser to reduce the smoke being circulated.

www.breathingspace.co.uk/air-purifiers-c1/air-purifiers-for-smoke-and-odour-c17

Work on ways to reduce the disruption to you, as you are more than likely stuck with them for six months.

He won't fix it bell as he says he has run out of budget in terms of the door.

Thank you. Will have a look at the purifiers.