Here is a question to the blog clinic from Kelly who is a tenant
I have had an ongoing problem with a fellow tenant, I have tried to resolve it by speaking to him to no avail.
He insists on having his television on loudly at all hours of the day, usually until 3 am or even later. It is even worse when he has his friends over which happens with great frequency.
He also intimidates me out of using the kitchen and has threatened me and has shoved me against the wall. I have approached the landlord regarding this, his answer was to threaten to evict me.
I’m not the only other tenant who has issues with the constant noise, but the others are reluctant to complain in the light of way my complaint has been dealt with.
Please tell me what I can do?
I feel for you Kelly but I don’t have an answer for you other than to find somewhere else to live.
A landlord is not legally liable for the actions of his tenants (unless perhaps in very rare circumstances it can be shown that he has deliberately installed a known bad tenant).
So you cannot, for example, claim compensation from the landlord for harassment for the tenants behaviour – because it wasn’t him.
This is one of the big problems about shared accommodation where you do not choose your co-tenants. One unpleasant tenant can ruin the atmosphere of the whole house.
I have to say that I am surprised at the attitude of your landlord though. Generally good landlords are sympathetic to tenants in your position and try to do something about it – not that there is much, practically that they can do other than evict the unpleasant tenant.
For example, I have often been consulted by landlords who are very concerned about the behaviour of one of the tenants, particularly if this is going to make their female tenants want to leave. Your landlord seems to have the opposite attitude!
Which makes me think that if you can find somewhere else to live, this would probably be the best solution for you. I realise that this is not fair on you, but sadly life is often unfair.
Note by the way, that if you are still in the fixed term of your tenancy agreement you will need to get the agreement of your landlord to end the tenancy early. However it sounds as if he would not have a problem with this.
I agree with Tessa’s views about the limitations of landlord & tenant in this situation.
There may be an alternative method of dealing with the situation under local authority licensing management regulations depending on the situation of the household. If it is a property that is subject to mandatory HMO licensing (five or more persons on three or more stories within the same property-the definitions are a little complicated) then the landlord is required to have suitable systems of property management that may cover this situation. In addition the fact that an assualt has taken place is a potential criminal offence. If the TV is causing a nuisance it may breach Environmental health regs. but it would have to be excessive rather than just annoying. If you think that the property comes within the HMO regs then you can contact the local council’s department that deals with HMOs.
Thanks Colin, those are really good suggestions which I had not thought of.
Perhaps the tenant also intimidates the landlord or knows the landlord personally.
Most landlords would at least ask questions of everyone in the house and then remind them all of their obligation to keep the hours of 11:00pm to 7:00am quiet.
We always find its best to balance a household where areas are shared. Its so much nicer coming home to a comfortable friendly environment.
Find somewhere nice to live where you are appreciated as a tenant. Ask to be put in touch with the other tenants prior to signing an agreement.