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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi I own an investment flat that I have been renting out

Customer Question

I own an investment flat that I have been renting out for years. It is an ex local authority property that I bought some time ago. A few year ago the flat directly above mine was bought by a housing association and they proceeded to let people have it. Since they started letting problem people and families have it , it has been difficult to rent mine. My flat ceiling has been contaminated with water and sewer water about 4 or 5 different times. The people in the property have had drug issues and other antisocial problems. The latest family in there (with 2 young children) have a very noisey and verbally abusive father. The noise is dreadful from him and the common floor/ceiling does not seem to block any noise. My latest tenant has quit 7 months into a 12 month contract. Previous tenants of mine have also left early.

I am afraid to relet it as it would be unfair on my new tenants to discover what sort of a neighbour they have and the last thing my working tenants need is someone paying no rent and not working keeping them awake at 1am or 2am in the morning. I have complained verbally and in writing to the housing association but they are not interested. I have thought about selling my flat, but am aware that I have to disclose problems with neighbours with a potential new buyer.

Is it possible to take action for my increasing losses against the housing association as they are persistently failing their duty of care to me - the quiet and peaceful right to enjoy my property? Are they responsible for the tenants in their property?

Thank you for your help
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.

I am afraid not really, landlords are not responsible for the actions of their tenants as such, any claim which you may have would be against the problem tenants themselves.

You may complain about the noise and anti social behaviour of these people to the environmental health section of your local adoring, they have the power to take abatement action against them.

The other option would be to take them to court and get anti nuisance injunctions against them. It seems that you would be better off selling your property in the longer term if the problems persist as you will spend a lot of time and money in legal proceedings otherwise.

Can I help further?
Customer: replied 3 years ago.

Hi the tenant upstairs is pennyless - his benefits (according to my previous tenant) go on wacky backie!! Surely the Law can do something for me (and my tenants)? Do I have to inform any wouldbe purchaser of my flat that we have the neighbours from hell upstairs/straight above?

Expert:  UKSolicitorJA replied 3 years ago.
Yes, you would need to inform any would be purchasers about the neighbour issues.

Yes, the law gives you the right to peace and quiet in your property and you can take action against them for nuisance.

Hope this clarifies