Wednesday, October 01, 2008

Noisy tenants & the tenancy agreement

I cant believe it.

Miss Jones and I were practising our latest Astanga Yoga moves last Sunday morning when our moment of spiritual enlightenment was rudely interrupted by the tenants banging on the wall complaining about the noise. How rude!

Later on one of the tenants appeared brandishing a property hawk tenancy agreement.

He immediately started quoting part of para 3.13 within the tenancy agreement.

"Not to do or be done in or on any part of the property or any part thereof any act which may be or become a nuisance or cause damage inconvenience or annoyance to the Landlord or Tenants"

He thinks he's a bit of a legal eagle just because he's studying media studies and law.

He then has the temerity to start lecturing me the landlord about the noise.

That damm tenant student thinks that Miss Jones yoga breathing might constitute a statutory nuisance and is threatening us with going to the Council and instigating an investigation under the Environmental Protection Act 1996.

He reckons that the Act requires that noise must be caused by neighbour’s unreasonable actions for an investigation to take place.

He then started quoting ground 14 of the Housing Act 1996 which states:


‘The tenant or someone living with or visiting the tenant is causing or is likely to cause a nuisance to neighbours or visitors to the area, or has been convicted of using the property for immoral or illegal purposes. Or has been convicted of an offence in the local area.’


He reckons that if a tenant is causing noise and nuisance to neighbours and the community then the landlord has the right to apply to the courts to evict the tenant.

I know that the Housing Act 1996 has made it easier for tenants causing noise and nuisance to be evicted from a property. In these situations the landlord may choose to issue a section 8 notice to evict the tenant using Ground 14.


For more information see issuing a section 8 notice to quit.

This is fine but what the tenant has missed is that I'm the landlord not the tenant, what do they teach them these days!

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