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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a property landlord and i've rented my flat on a

Customer Question

hello, i am a property landlord and i've rented my flat on a standard tenancy agreement. The neighbour downstairs started complaining about the tenant claiming he is running a business from the flat and that impacts him. and that people are coming in and out from the flat. I raised the issue with the tenant and he assured me that he is not running a commercial enterprise from the flat.
The on-going problem is that my neighbour always complains about all my previous tenants. He cost me $$$ of pounds in lost rent and my tenants left the flat because of him.
What are my legal obligations as a landlord in this case? Am i responsible to ensure the tenant is not running a business from the flat? Can the neighbour sue me. Do i have to investigate and do i have to provide timeline for such investigation?
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Is there any evidence he is running a business?
Alex

Customer: replied 1 year ago.
neighbour sent me copies of a flyer that's being distributed. The number on the flyer is not his number.. The person downstairs claims that "my tenant presents himself as an African healer/Spiritualist/Witch Doctor. We know this because we have been told by the customers. They advertise through handing out leaflets on the street. They then charge £30 initially before trying to sell people snake and camel skin for £500. They dress up in traditional African clothes when customers arrive and often the other flat members need to loiter in the hall and stairs."
Expert:  Ash replied 1 year ago.

Ok - well you dont need to worry. Its not your responsibility, you are not liable for your tenants.

If the neighbour has an issue he needs to take it up with the tenant and inform the Police if anything illegal is happening.

In any event if the neighbour is causing a nuisance he can report it to the Council and they can investigate.
But its not your responsibility

Can I clarify anything for you about this today please?
Alex

Ash and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
before this tenant i had a chief and the guy downstairs always complaint that he comes back late from work and disturbs them. I lost that tenant and many others. This is a pattern. I have a small studio flat and the people that rent it are students / workers and his flat downstairs is worth over 1million and basically he does not like any of my tenants.
Expert:  Ash replied 1 year ago.

Do you have a number we can chat on?

Yes of course, sadly there is not much you can do about this person complaining.
Alex

Customer: replied 1 year ago.
Customer: replied 1 year ago.
have a few more issues to clarify. Here is a copy of the email i received following previous emails.
"We only trying to work together to find a common solution for what has been the second issue with tenants in your flat. We only want to reside in our building in a peaceful environment. I have lived here as an owner for 9 years now, Robbie longer. Robbie has been very patient with the various leaks etc being on the ground floor (me included) and have no doubt that he would never be rude or intrusive and certainly would never utter a racial slur at anyone. His reference to Spiritualist/Witch Doctor etc, was a direct quote from a customer who had exited the building at the same time.There is definitely a commercial enterprise being run from the flat which you are legally responsible for. Whether this is your tenant directly or something that they sublease during the day is up to you to investigate and diligence. My experience is that a tenant is not going to freely admit to being in breach of a tenancy contract but there is clear evidence to the contrary. This could have an impact on our building insurance as well as your own contents/mortgage where applicable. Our building insurance could be potentially void - Adam - please advise.I also have found your tenants to be polite and quiet and respectful during the evening and weekend when I am around. Also, when I approached them about the smoking and the subsequent impact to my flat, and it continued (did you say anything to them?), I knocked on their door to introduce myself and ask them to open a window (you never responded whether this was ok in their tenancy). They were very nice and have not had any issue with this since. "So i would like to know my legal obligations and if i have to investigate. I did speak to the tenant and told them again that his tenancy does not allow him to run business from the flat and he assured me that he is not. As you can see from above he is actually polite and peaceful but the disparity between my flat and other flats is significant and this is i beleive is an under-lying issue. Just need to know my obligations and responsibilities as a landlord.
thank you
Anna
p.s. were you going to call me?
Expert:  Ash replied 1 year ago.

Calling now. Alex

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