Threatened with court.

[CantFigureItOut]

Hi, I've tried to seeking help with two legal advice agencies but they aren't responding even after a few days and attempts.

I own a flat with a yard. The yard belongs to my apartment but upstairs have access through it. It is ringed im red as mine on the deeds but hand annotated as shared yard.

The property upstairs changed hands at auction. No idea whether the buyer viewed. He thought he could flip it but turned out he paid the top price so he is renting it.

My tenant has a dog which spends a lot of time in the yard, and the upstairs owner says that the upstairs tenant doesn't like it - apparently there is dog poo.

I've asked my tenant to keep it clean.

Upstairs owner now wants me to evict my tenant. My tenant has a newborn and another small child.

My tenant DOES want to move, but into a council property. They have been waiting and bidding for a while.

Thing is, upstairs owner is now threatening to sue me/take me to court if I don't evict them right now.

I am frightened. I don't know what to do. He is talking about his solicitor sending me letters that would cost me £500 to receive. I can't imagine how I can be liable for £500 to receive a letter.

Thanks for reading.

That's what I was wondering. Is there any basis for legal action? I don't know how it works.

If nothing else, they were in situ and so was the dog before he bought.

I'm sorry that you are feeling so stressed, but this is part and parcel of being a landlord. Your tenant is behaving badly and you need to be seen to get on top of it.

Write to your tenant and tell them to clear up after their dog. Say you'll withhold their deposit or increase their rent to pay for professional outdoor cleaning and that their tenancy will be at risk if they don't. I'm assuming this is covered in their contract? Tell your neighbour you've done this.

No-one can charge you for receiving a letter that's bs. There's not much the neighbour can do but do check your deeds to make sure there's no planning clause etc.

And tell your tenant not to smoke cannabis outside. In my hole it's on prescription, prescribed cannabis isn't smoked it's taken as an oil. And it's pretty rare in this country too by the way.

Thanks.

Yes I've written to them asking these things to be sorted out. They said they wouldn't stop the cannabis as it was medicinal. I posted here at the time about it (nc) but was told if it was medicinal there was nothing I could do.

I didn't know that about the oil.

Doctors don't give people things to smoke. I think it can be vaped mind you.

They want to move. But have made it very clear that they don't want to go into temporary accommodation with the children whilst waiting for a house.

I spoke to the council myself and they said that yes, it's likely they would be housed in a b&b or similar for a bit

That's just normal though and part if the process. They aren't near the top of the list now, because they have a home so won't be getting a Council property anytime soon.

They don't sound like great tenants and it's honestly not your problem if they don't want to move into temporary accommodation. It's normal and where we live it will literally be weeks before they have a refurbished council house.

You've got 2 people chatting nonsense to you OP. The upstairs owner about the £500 to receive letter (it doesn't work like that) and your tenant about the use of "medicinal" cannabis in smoked form.

I would cut your involvement with both of them to a minimum. Have you done any property inspection?

Ignore.

There's no such thing as a letter that will cost you to receive.

There no legal way to force you to evict cause he wants you too.

He's taking rubbish to intimidate you.

Ignore him.

There is no such thing as medicinal cannabis that is smoked over here. I would suggest asking your tenant to stop before the other landlord calls the police.

Yes. I went round recently. They keep it very clean and tidy, but the property need refurbishment, new flooring and ideally a new kitchen - but the council have told me I am not expected to do this while they have a dog.

If he calls the police, won't that help?!
I did broach that line with the tenant before they said it was medicinal and they said the police would just say to stop self medicating.

This sounds so familiar... We used to have a pothead neighbour whose garden was full of dog shit. He too said it was medicinal and on prescription - sod that! The stench came through the brickwork of the party wall! Whilst I don't condone the other landlord's behaviour at all, please don't underestimate how antisocial potheads can be! Your tenants don't sound great (are you sure they're not smoking indoors?), yet you sound very loyal to them. Why is that?

I think you have two issues here: the landlord harassing you, and your tenants letting their dog shit in the yard and smoking weed. Don't let the landlord bully you, but equally have a think why you're continuing to let your flat to the current tenants.

Your tenant is talking crap. Medically prescribed cannabis is in the form of oil or capsules etc. It is not smoked. No wonder your upstairs neighbour is furious if he has to put up with the stench of illegal weed all the time! If I was him I’d be trying to get the druggie downstairs evicted too. He’s right about the yard as well - dog mess is hazardous to human health and he could call environmental health out if he wanted to. Rotting shit and weed smoke, honestly it sounds disgusting.

but the council have told me I am not expected to do this while they have a dog.

Is there a reason that you're taking advice from the Council? Are you a member of a Landlord's Association?

Are you saying that your tenant has children, but leaves dog poo in the yard, that presumably his children access?
I am confused about the hand written comment on the deeds about the yard being shared but ringed in red as your property. Did you get clarification when you purchsed the flat?
You won't be charged for receiving the solicitors letters- unless he tries to get costs against you, but I don't see how he can insisit that your tenant can be evicted, so getting costs would be impossible I would have thought. Seek advice from your insurance, if they don't cover it see a solicitor. Next time he calls, tell him to stop his harassment.
Your tenant is lying about the cannabis joints being prescribed, -the uses of medicinal cannabis are limited but doesn't include smoking it. When you think how hard the NHS works to reduce smoking, it is very unlikely that it ever will be either.

What does your tenancy agreement say about pets- does he have permission to have the dog? In the flats we own, the head lease with the freeholder forbids pets without the permission of the freeholder.

Well I've been nice because they have very small children. I truly feel sorry for the children.

I am bombarded with information about how landlords are the devil and evict people all the time making children homeless. I am trying to help them :-(

If they're on a short term tenancy you don't need to have a reason the evict though.

If you have a lease it might mention whether pets are allowed.
If the upper lessee is allowed access, that access needs to be safe and unblocked. If your tenant keeps dog outside, could part of the yard be fenced off so that upstairs still has access to whatever is required, but any dog poo is contained in a small area?
But really, your tenant is a CF, and you need to tell him in writing that you do not allow either cannabis smoking or dog fouling on the premises and that you will have to give notice unless he stops doing this.
Meanwhile, the owner of the upper flat is also a CF. Of course you won't have to pay to receive a letter, although theoretically what he might mean is that if he takes you to court and is awarded costs against you, then you might have to pay part of his legal costs. BUT that won't happen in a Small claims court. And just what does he think he can take you to court for? Failing to do what he says?
Anyway, as a leaseholder, your job is to comply with the terms of your lease. Who is the freeholder? I it you and the owner of the upper flat, or someone else entirely?

Op, I think your tenant is lying my friend is on the board of the therapeutic cannabis association and there have been 5 NHS prescriptions issued in the UK since it was permitted about ten years ago. If it's a private prescription fair enough, but if they are waiting for council accommodation I doubt they are affording private. As it's several hundred a month. Either way they are causing a nuisance and need a warning letter. Do you have a managing agency they should be dealing with this.

I'm struggling to find proper advice there. I rang thr council to see if I could help them be rehoused in any way/find out information.

It's a shared freehold.

Sorry, my kids are climbing on me!

I'm struggling to find proper advice there. I rang thr council to see if I could help them be rehoused in any way/find out information.

The only way you'll help them be rehoused is to provide a Notice of Eviction.

If you're in England or Wales read Evicting Tenantss*.

If your tenants' conduct is breaking the terms of the lease, which it may be, because there is possibly something in there about upkeep of garden etc, then possibly you could be charged for legal costs incurred. Perhaps this is what they are alluding to.

This site may help you https://www.lease-advice.org/
https://www.lease-advice.org/faq/what-happens-if-i-breach-the-terms-of-my-lease/

Next time he messages you message him and tell him that you wish all communication to go through his solicitor (you won’t have to pay for a letter) from now on and if continues you’ll be reporting him to the police for harassment. Take screen shots on your phone of all previous calls, messages etc and then if he contacts you again screenshot that, block him and go and talk to the police. They probably won’t do much apart from give him words of advice but at least it will be recorded. Personally I’m not convinced he’ll try and take the matter to court but if he does you then have his unreasonable behaviour against him.

The upstairs neighbour could ask a solicitor to write to you, but that's his cost.
Your tenants are unreasonable smoking weed in the backgarden it needs to stop. They should clean up after their dog asap. If they stop smoking weed and clean up, he has no complaint.
As a landlord, you do need to make sure your tenants are not affecting his right to the enjoyment of his property. If your tenants won't stop smoking weed and don't clean up after their dog, sadly, you'll need to evict them. A solicitors letter from him could be useful in seeking their agreement to change how they're using the property or run the risk of eviction if they are uncooperative at the moment.

You could preempt all this by writing to him and confirming what you have asked your tenants to do, i.e., stop smoking weed in the garden and clean after their dog promptly. Ask him to contact you if this is not happening and say you too will carry out checks.

Don't get into a dialogue with him. He has valid complaints, so deal with them professionally.

Ref your MH, pls take time to seek help in improving your self-esteem. This is not a matter to feel suicidal over. It's relatively straightforward to manage, so manage it. BTW, I know there are kids involved, but your tenants' issues are their own, and if they don't comply, their eviction will be of their own making.

His lawyer sending you a letter won't cost you money OP. You aren't the client, they can't charge you anything.