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What can a landlord do regarding their tenants behaviour

8 replies

Teapleasebobb · 15/08/2023 11:58

Posting this for a friend. They own their home and live next door to someone who rents their house. They have a shared access drive who the neighbour insists on parking on (it's shared access to the back of the house to park on and not a drive to park on as not wide enough for 2 cars). Anyway it all kicked off yesterday and the police were called as my friend couldn't get off the drive as neighbour was parked on the drive, asked the neighbour to move his car, but he wouldn't, he then started to threaten her and went to hit her (didn't actually hit her). BTW friend is a 69 year old woman and neighbour is an early 30s male. Anyway, still waiting for the police to turn up Hmm. Even if the police do talk to him, things won't get any better.
We have the details of the landlady via the land registry. We will send her a letter detailing the issues (aggressive behaviour and parking, ooh and loud music). What can the landlady actually enforce and what can my friend do if she doesn't do anything? Does the landlady have a duty of care? What can my friend do as it's an awful situation for her to be in and she's never had to deal with anything like this before.

OP posts:
vivainsomnia · 15/08/2023 14:53

No, the landlady doesn't have a duty of care. She might have options to ask them to leave the property under one of the schedule 8, maybe. That's a big maybe, buy she certainly has no obligations. It's a police matter.

Reugny · 15/08/2023 14:56

Does your friend know who the landlady is?

When one of my friends had an issue with noise from neighbours who rented privately, due to complaints from her and another neighbour the landlord gave the tenants a section 21 towards the end of the tenancy contact to get them out.

At the moment there is a shortage of rental properties so the landlady shouldn't have an issue doing this and increasing the rent. However she needs to want to do so.

Teapleasebobb · 15/08/2023 15:37

Thanks for the responses everyone.
So can a landlord evict a tenant by serving a section 21 notice before the end of the tenancy due to anti social behaviour or do they need to wait until the tenancy is up? No idea if the landlord would consider evicting but we're hoping that due to the nature of the tenants behaviour there may be grounds to? Who knows, the landlord may not care how their tenants behaviour affects other neighbours.

OP posts:
Reugny · 15/08/2023 16:57

They need to wait until the tenancy is up.

Ideally if you live next to a property that is rented out you actually find out who the owner is, get acquainted with them, and only complain about big issues.

Remember a landlord does not want their property destroyed nor do they want a property that is hard to sell because of registered complaints from neighbours.

SheilaFentiman · 16/08/2023 00:32

Bear in mind that, even if a section 21 was served, it may not have a quick resolution of eviction etching

Teapleasebobb · 16/08/2023 09:36

Friend spoke with landlord who was shocked at their tenants behaviour. They will write to the tenant (re complaints about parking and aggressive behaviour) and asked friend to send on the crime reference number to quote in the letter (still waiting for police to turn up, even though friend called them again yesterday!) also told friend to log everything, landlord did say that tenant is worried about being evicted (think they've been evicted from lots of places before, can see why!) friend did say to landlord that tenant had told them he is schizophrenic, landlord said that tenant had said the same to them (in a separate conversation after the tenants had moved in) and told friend to be careful. Not sure what else can be done.

OP posts:
LauraNicolaides · 17/08/2023 11:39

Even during the fixed term of the tenancy the landlord can still apply to get the tenant evicted under section 8 of the Housing Act (rather than s.21, which can only be used when the fixed term is up). (Whether she wants to is a different matter.)

Text below comes from here.

If, having tried alternative means of resolving anti-social behaviour being perpetrated by a tenant, you feel that you have no option but to seek possession, there are grounds for you to do so under section 8 of the Housing Act 1988.

Ground 7A, is for cases where serious anti-social behaviour has already been established in other court proceedings anti-social behaviour has a minimum notice period of 4 weeks (for periodic tenancies) or 1 month (for a fixed term tenancy).

Ground 7A is a mandatory ground, which means that the judge must grant possession if you can prove that the ground has been met.

Ground 14 is for nuisance or annoyance, or the illegal or immoral use of the property, and proceedings can be commenced immediately after the service of the notice.

Ground 14 is a discretionary ground, which means that you need to bring forward evidence to prove that the anti-social behaviour has taken place and, if the court is satisfied by the evidence, it will take all circumstances into account and will decide if it is reasonable to grant possession.

Understanding the possession action process: A guide for private landlords in England

https://www.gov.uk/government/publications/understanding-the-possession-action-process-guidance-for-landlords-and-tenants/understanding-the-possession-action-process-a-guide-for-private-landlords-in-england-and-wales

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