Really, can I be held liable for my tenants actions??

Really, can I be held liable for my tenants actions??

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bearman68

Original Poster:

4,658 posts

132 months

Monday 15th October 2018
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Hoping for a little advice, as PH is the sum of all human knowledge and a wonderful place to be smile

Anyway, today, out of the blue I had a letter land on my doorstep. It's from the local council senior environmental health officer. She has written to my tenant in respect of some bags of rubbish being stored in the front and rear garden of my tenanted house. There has now been 'another' complaint with respect to the accumulation of rubbish, and the possible sighting of rats.
The officer is seeking my co-operation in dealing with the matter, but in the event of it not being cleared, then a statutory notice will be issued against me, and if works to clear are required, "a charge will be registered against the property until the debt is paid"

Now I try my best to be a decent and helpful landlord and human being - so I'm happy to offer as much co-operation as I can. I'm happy to write to the tenant, and have an inspection and a chat, and if required, chuck the stuff on a trailer and take it to the tip. All fair enough. Now I'm not going to rant about the tone of the letter (which has raised my hackles), or the any amount of doubt that could be cast on the source of information. I can't evict my tenant - I have signed a tenancy agreement to allow him to stay there for another 9 months - and he pays his rent on time, and as far as I can see generally behaves himself. I have a suspicion that he doesn't get on with the neighbours, and I wonder if this is part of the complaint, but that at this point of time all these things are a side issue.

The real question is.... Can I be held liable for the poor behavoir of my tenants, and should any costs incurred in cleaning up their rubbish be able to legally pass to me? (And again, I'm not talking about moral responsibility here, but a legal charge).

Look forward to replies, hopefully ones that focus on the question, and not on the dubious nature of my character.


bearman68

Original Poster:

4,658 posts

132 months

Monday 15th October 2018
quotequote all
Ahbefive said:
Yes
Can you elaborate please? And is this a considered answer with many years legal background, or just an off the cuff comment?

There must be a limit - Do I do 25 years if my tenant murders someone? Do I get his speeding fines, or his fines for littering the street?

bearman68

Original Poster:

4,658 posts

132 months

Tuesday 16th October 2018
quotequote all
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.

bearman68

Original Poster:

4,658 posts

132 months

Wednesday 17th October 2018
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julianc said:
Not trying to be funny, but you seem to have become a landlord without understanding fully your responsibilities/liabilities...
You're right, you not funny.