Tenants versus Neighbours - what's your role?

Just to add to the work you have as a landlord, the government now advises people who have problems with your tenants to "complain to their landlord"! Just what are you expected to do about it?

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Unfortunately the guidelines are hazy in many areas and it depends on the nature of the dispute.

If there's a problem with the property, maybe a gutter that's leaking on a party wall or onto the neighbour's property, then your responsibilities are clear - it needs to be fixed.

It's the same with boundaries - fences, walls and hedges - as long as it's clear which party is responsible for which boundary. If it isn't, it'll be down to you and the neighbour to work it out, with the help of local planning authorities - it isn't really something your tenant should get involved in.

Noise and anti-social behaviour

It gets trickier with personal problems like this.

In the UK landlords have a duty to act if tenants are causing problems with neighbours, although the exact process will differ depending whether you're in Scotland, Northern Ireland or England and Wales.

As an underlying legal principle, people can't be held responsible for the actions of others. But there are also cases that have created precedents that mean landlords could be prosecuted for ignoring problems they had been made aware of.

The ultimate weapon is that you can use anti-social behaviour as grounds to evict tenants and regain possession. Obviously it's not the first step but it can be used as leverage with tenants.

What to do

If you receive a complaint from your tenants' neighbours it is vital to act. Even if you talk to your tenants and aren't sure the complaint is valid, you must reply, preferably in writing so that you can prove your actions.

Speak to your tenants and try to get them to agree to modify their behaviour. If they don't agree that they are in the wrong, encourage them to seek a resolution directly with the neighbours, perhaps through mediation.

If that doesn't work you may have to go for eviction.

Legal help

The good news is that many landlords' insurance policies come with a legal expenses package which often includes a helpline you can call for advice.

Many people think these advice lines are just for unpaid rent and eviction but they can be used for any problem as long as it's to do with rented property.

If you have insurance with us and would like to see if your policy has legal expenses cover, you can check your policy via the Customer Zone , or you can always give us a call on 01608 647625. We are always here to help.

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