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ReadyLaw
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Category: Property Law
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I would like to know if a landlord is responsible for the a

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Hi, I would like to know if a landlord is responsible for the a tenant's negligence?
JA: Because laws vary from place to place, can you tell me where the property is located?
Customer: WS2 7LW.
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: My house is private but I had a problem with my neighbour's private property which is rented by tenants so I am not sure of their lease.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No.
Hi welcome to justanswer
I amCustomerone of the legal experts here. My goal is to provide you with the best experience possible and answer any questions which you may have about your current situation.
I may not respond immediately, this is because I may need some time to read what you shared above, type and respond to you.
If there is anything else you need, please let me know before I respond?
Customer: replied 18 days ago.
No, thank you.

Thanks for your patience and enquiry. It really depends on the nature of what happened between you and the tenant. If for example it was a personal incident between the both of you, then the tenant would be personally liable.

If however, this arose as a result of the tenancy, for example there was an incident arising out of the property, then the landlord could be held responsible,

Can I clarify anything for you? I hope I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 18 days ago.
We have lived in our house for 10 years in peace and quiet. In January 2020, we took the issue to the Council Community Protection since there was no reaction from when we talked to the landlord's father about the pungent smell penetrating from our neighbour's rented home.
Customer: replied 18 days ago.
As it turned out, the smell was from cat urine and dog faeces. Also, the council sent several notices to the tenants that they breached the law so they would have a formal interview. But, one of the council officers passed away before it so they cancelled it.
Customer: replied 18 days ago.
The landlord waited for the case to go to court and got the house back around two weeks ago. The house was in disaster and the smell was terrible, with dog faeces everywhere inside and even a deceased cat. We have lived next to these conditions for over two and a half years. So, would the landlord be responsible for how long it took to resolve and the lack of reaction from her side in the beginning?
Customer: replied 18 days ago.
I have anxiety because of this long-term problem, so I am taking tablets from my GP. All the situation is negative negative impact on our physical, mental and family health. Our daughter has asthma and several allergies. For us is the priority to protect her and she can growing up in a safe, clean and heathy environment.
Customer: replied 18 days ago.
I have witnesses who can confirm the situation (on the paper). I also have emails from the Council Environment Health about case, and emails from the landlord well. She was waiting for so long to take action to the court. In January 2020 the landlord wrote to us -" I have not had any issue with my tenants as the property has always been maintained and my father inspect the property regularly'. I spoken with landlord's father, and he never even had been allowed to enter the house either. So, would you say we have any fighting chance against the landlord in court?

This is certainly an unusual situation. And is as far as I am aware untested in law. The question would arise as to whether the landlord would have owed you a duty of care as a neighbour with respect to the type of tenant in the property. In my view, especially in light of the length of t8me this has gone and the landlords knowledge of what was happening I would say yes. The landlord ought to have taken a more proactive approach in removing this tenant when he/she became aware of the clear health concerns posed by the tenant.

It may not be a straight forward case however and may be a lengthy litigious matter. This is because the landlord may argue that it was not foreseeable on his part that the tenant would have done what they did,

Customer: replied 18 days ago.
The landlord lives in London, so not a overly large distance from Walsall. To my knowledge, she has never been to the property even when had she finally had acess to her house. She cant imagine in how bad is. She uses excuses all the time and just waited for improvement in the tenants behaviour.
I have one more question, is it legal/right that the council canceled the formal interview and left the case cold because another officer said that it was a waste of public money?
Customer: replied 18 days ago.
They did not want to take the case to court but just try to change their behaviour.

The council’s approach was wrong. They ought t9 have been more proactive in their approach. I would most certainly make a formal complaint against the council for its approach in handling the situation.

Customer: replied 16 days ago.
Thank you so much for your help.
I understand that this problem cannot be easily and quickly solved, I regret the approach to our situation on the part of the owner and Council, we can not accept that our daughter could not use her own room, because the smell of ammonia penetrated her room, our kitchen and dining room. The screams and noises at night also kept us awake.
Could you predict what costs are incurred when bringing a case to court ?
No unfortunately I am unable t9 make an assessment as to cost. This will ultimately depend on the length of the litigation.
ReadyLaw and other Property Law Specialists are ready to help you
Customer: replied 13 days ago.
Great service. Thank you

You are most welcome