Really, can I be held liable for my tenants actions??
Discussion
All the posts above saying you can evict the tennants and that you can charge the tennants for getting the rubbish removed are all perfectly correct. However life is never that black and white - especially when you are a landlord!
So a few things to consider:-
Firstly, have you taken a deposit and do you have this secured in a govement approved sceme?
Secondly, yes, you can issue an S8 but this could take months of time and hassle, especially if the tenants know how to work the system, before they finally move out.
Thirdly, yes, you can charge the tennants but remember, you can't get blood out of a stone!
Forthly, an upset tennant under the threat of eviction can cause far more financial damage to you than a few bags of rubbish!
So try to keep things as low key and friendly as possible. Sounds to me more like a falling out of neighbours rather than a bad tennant. Get round there ASAP, have a chat and see what the situation really is. Maybe help out with a trailer if that'll solve the problem.
If it all goes horribly wrong then the law is on your side (sort of!) but you really don't want to go down that road unless there is no other options.
So a few things to consider:-
Firstly, have you taken a deposit and do you have this secured in a govement approved sceme?
Secondly, yes, you can issue an S8 but this could take months of time and hassle, especially if the tenants know how to work the system, before they finally move out.
Thirdly, yes, you can charge the tennants but remember, you can't get blood out of a stone!
Forthly, an upset tennant under the threat of eviction can cause far more financial damage to you than a few bags of rubbish!
So try to keep things as low key and friendly as possible. Sounds to me more like a falling out of neighbours rather than a bad tennant. Get round there ASAP, have a chat and see what the situation really is. Maybe help out with a trailer if that'll solve the problem.
If it all goes horribly wrong then the law is on your side (sort of!) but you really don't want to go down that road unless there is no other options.
True eviction and cost recovery can be painfully slow and dragged out.
First port of call is ask tenants nicely to remove is it not!
Any tenancy over 6 months as far as I am aware has to have a break clause so assuming you had a 12-24 month tenancy and have 9 months left to run you may have a break clause to serve notice.
First port of call is ask tenants nicely to remove is it not!
Any tenancy over 6 months as far as I am aware has to have a break clause so assuming you had a 12-24 month tenancy and have 9 months left to run you may have a break clause to serve notice.
Edited by surveyor_101 on Tuesday 16th October 13:39
Are social landlords (Housing Associations) legaly liable in the same way, eg failing to act on their tenants actions.
If so I REALLY would like to chat with someone legal regards taking legal action. As currently we have evidence that there have been a lot of brooms pushing rubbish under the carpet from the local HA who own the property next door.
If so I REALLY would like to chat with someone legal regards taking legal action. As currently we have evidence that there have been a lot of brooms pushing rubbish under the carpet from the local HA who own the property next door.
cptsideways said:
Are social landlords (Housing Associations) legaly liable in the same way, eg failing to act on their tenants actions.
If so I REALLY would like to chat with someone legal regards taking legal action. As currently we have evidence that there have been a lot of brooms pushing rubbish under the carpet from the local HA who own the property next door.
The problems with ha as oppose to councils is tenants rule the roost. The ha’s are terrified of getting bad feedback and in most cases unless you get 6 months plus behind in rent or burn the home down the ha will back down from most arguments.If so I REALLY would like to chat with someone legal regards taking legal action. As currently we have evidence that there have been a lot of brooms pushing rubbish under the carpet from the local HA who own the property next door.
I used to run capital works for some and they would set limits in budget for new kitchens so some tenants would get less cupboards in their new kitchen than the old one, or they would want a crazy dulex paint in walls that wasn't in our approved colour list that we stocked. The tenant would be told no, they if the stamped their feet or knew a tenant on tenants forum they would magically be granted all they wanted and they would just cancel another tenants new kitchen until next year! It's a joke
Hi everyone, thanks for the detailed replies.
As I think I said in the original post, I try and act in a responsible manner, and while I no doubt slip up from time to time, I like to think I'm pretty reasonable.
I texted my tenant asking him to give me a call for a chat - which he did. He explained there were 3 rubbish bags waiting in the yard since last Thursday, because he had missed the bin day. He couldn't take it to the tip, as he drives a pick up, which is classified as commercial, and therefore not allowed into the council tip.
Since he had a copy of the letter, he has borrowed a car and removed the rubbish (pic enclosed). The rats (he claims) was a hedgehog. Please would I like to pop around and inspect the house to make sure all is ship shape?.
He's probably just tossed the rubbish into next doors yard, but on the face of it, there seems little more to worry about. (Famous last words - this is a tenant after all, and they seem to work to different rules).
No deposit held, for long and complex reasons, based on the idea that it's so much hassle / legal risk, v so little protection. A bad tenant can do more than a deposit of damage in 10 minutes of bad temper, so what's the point??
Many thanks to you all.
As I think I said in the original post, I try and act in a responsible manner, and while I no doubt slip up from time to time, I like to think I'm pretty reasonable.
I texted my tenant asking him to give me a call for a chat - which he did. He explained there were 3 rubbish bags waiting in the yard since last Thursday, because he had missed the bin day. He couldn't take it to the tip, as he drives a pick up, which is classified as commercial, and therefore not allowed into the council tip.
Since he had a copy of the letter, he has borrowed a car and removed the rubbish (pic enclosed). The rats (he claims) was a hedgehog. Please would I like to pop around and inspect the house to make sure all is ship shape?.
He's probably just tossed the rubbish into next doors yard, but on the face of it, there seems little more to worry about. (Famous last words - this is a tenant after all, and they seem to work to different rules).
No deposit held, for long and complex reasons, based on the idea that it's so much hassle / legal risk, v so little protection. A bad tenant can do more than a deposit of damage in 10 minutes of bad temper, so what's the point??
Many thanks to you all.
bearman68 said:
Hi everyone, thanks for the detailed replies.
As I think I said in the original post, I try and act in a responsible manner, and while I no doubt slip up from time to time, I like to think I'm pretty reasonable.
I texted my tenant asking him to give me a call for a chat - which he did. He explained there were 3 rubbish bags waiting in the yard since last Thursday, because he had missed the bin day. He couldn't take it to the tip, as he drives a pick up, which is classified as commercial, and therefore not allowed into the council tip.
Since he had a copy of the letter, he has borrowed a car and removed the rubbish (pic enclosed). The rats (he claims) was a hedgehog. Please would I like to pop around and inspect the house to make sure all is ship shape?.
He's probably just tossed the rubbish into next doors yard, but on the face of it, there seems little more to worry about. (Famous last words - this is a tenant after all, and they seem to work to different rules).
No deposit held, for long and complex reasons, based on the idea that it's so much hassle / legal risk, v so little protection. A bad tenant can do more than a deposit of damage in 10 minutes of bad temper, so what's the point??
Many thanks to you all.
Happy days sounds like an overreacted curtain twitcher and saw bags after bin and made a mountain out of a molehill.As I think I said in the original post, I try and act in a responsible manner, and while I no doubt slip up from time to time, I like to think I'm pretty reasonable.
I texted my tenant asking him to give me a call for a chat - which he did. He explained there were 3 rubbish bags waiting in the yard since last Thursday, because he had missed the bin day. He couldn't take it to the tip, as he drives a pick up, which is classified as commercial, and therefore not allowed into the council tip.
Since he had a copy of the letter, he has borrowed a car and removed the rubbish (pic enclosed). The rats (he claims) was a hedgehog. Please would I like to pop around and inspect the house to make sure all is ship shape?.
He's probably just tossed the rubbish into next doors yard, but on the face of it, there seems little more to worry about. (Famous last words - this is a tenant after all, and they seem to work to different rules).
No deposit held, for long and complex reasons, based on the idea that it's so much hassle / legal risk, v so little protection. A bad tenant can do more than a deposit of damage in 10 minutes of bad temper, so what's the point??
Many thanks to you all.
Suprised the council jumped on it so hard and fast.
Seems to be great pleasure for some local authorities to issue fines for very minor things!
Spumfry said:
bearman68 said:
No deposit held
I had to pay £1500 deposit on the last house I rented. I spent three full days making sure it was up to scratch when I left so that I'd get the full deposit back - if there hadn't been any deposit I doubt I would even have bothered to hoover the carpets, let alone all the other work I did.
Why would anyone take the slightest care of your property without a deposit in place, surely it's asking for trouble? Claiming money from the deposit is easier than taking someone to court.
The deposit on the place I'm renting now was £2450 which will certainly focus the mind before the check-out inspection...
Why would anyone take the slightest care of your property without a deposit in place, surely it's asking for trouble? Claiming money from the deposit is easier than taking someone to court.
The deposit on the place I'm renting now was £2450 which will certainly focus the mind before the check-out inspection...
Spumfry said:
I had to pay £1500 deposit on the last house I rented. I spent three full days making sure it was up to scratch when I left so that I'd get the full deposit back - if there hadn't been any deposit I doubt I would even have bothered to hoover the carpets, let alone all the other work I did.
Why would anyone take the slightest care of your property without a deposit in place, surely it's asking for trouble? Claiming money from the deposit is easier than taking someone to court.
The deposit on the place I'm renting now was £2450 which will certainly focus the mind before the check-out inspection...
Thing is, you aren't a Why would anyone take the slightest care of your property without a deposit in place, surely it's asking for trouble? Claiming money from the deposit is easier than taking someone to court.
The deposit on the place I'm renting now was £2450 which will certainly focus the mind before the check-out inspection...
, so you would probably do a good clean before leaving anyway, no?Spumfry said:
I had to pay £1500 deposit on the last house I rented. I spent three full days making sure it was up to scratch when I left so that I'd get the full deposit back - if there hadn't been any deposit I doubt I would even have bothered to hoover the carpets, let alone all the other work I did.
Why would anyone take the slightest care of your property without a deposit in place, surely it's asking for trouble? Claiming money from the deposit is easier than taking someone to court.
The deposit on the place I'm renting now was £2450 which will certainly focus the mind before the check-out inspection...
Most normal people want to recover their deposit I know I have in the past.Why would anyone take the slightest care of your property without a deposit in place, surely it's asking for trouble? Claiming money from the deposit is easier than taking someone to court.
The deposit on the place I'm renting now was £2450 which will certainly focus the mind before the check-out inspection...
Having said that once went to a flat that hadn't been clean for 9 months and used by a single doctor who gave zero monkeys and assumed his 900 desposit was sacrificial upon check out, but covered him for taking any responsiblity.
julianc said:
Not trying to be funny, but you seem to have become a landlord without understanding fully your responsibilities/liabilities...
Hmm? Do you take on the responsibilities for managing and policing the behaviour of other independent adults - especially when they behave in a manner against what is prescribed by law or byelaw? Is that not the responsibility of the people we pay via our taxes (especially the taxes from rental profits) to enforce and administer these laws? Its OK - I actually know the answer 
And yes the best solution, after fair warning, is to subcontract the job and invoice the tenant... I also bought them a wheelie bin that cant be torn...It is a funny one and a way of passing the buck though - in fact have had tenants and other residents ask me to be pig in the middle on many an issue as if you are the United Nations or a lifestyle concierge or something! Your life - knock on the neighbour's door and talk to them in the first instance - ask them nicely not to do xyz or to do more xyz!
Drawweight said:
This is great news.
So all the local authority/ housing association tenants can be turfed out on the street for anti social behaviour?
I thought not.
Yes they can, but generally need to be extreme. So all the local authority/ housing association tenants can be turfed out on the street for anti social behaviour?
I thought not.
You can start your reading: https://www.gov.uk/council-housing-association-evi...
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