Anti-social behaviour question?

conorhal

On the subject of 'ASBO' (for want of a better word) fines. Has or does anybody know how a management company might actually go about implementing and legally enforcing such a policy?

I'd certainly like to recommend such a policy to the management committee of the apartments where I live.

When you live next to students, for whom Thursday night is party night, no party can be considered successful unless it's still going at 6am, and the best place to have a roaring conversation between 5-10 people at three in the morning seems to be the front steps or the balcony (or both), then you know some sort of fines system has got to be a good idea, because God knows asking them to take the party inside has been a pointless exercise, as is complaining to a disinterested landlord.

There would have to be balance of course. I'd imagine that a first and second written warning would have to be sent to both the landlord and the tenant, and I'd propose that a fine would only be issued if a third complaint was submitted in any one calendar year.

I'd also suggest that both warnings and fines could be appealed to the management committee in writing to avoid the prospect of a malicious neighbor simply trying to cause trouble.

Further more, if the fine is not paid by the tenants then it should become enforceable by it's addition to the property owners management fee. That way, tenants who are repeat offenders and then simply ignore fines become a financial headache to their landlords, that way even landlords that don't care about their tenants anti-social behavior are incentivized to deal with it.

hawkelady

Quick update. The landlord challenged the MC about what proof they had in relation to the incident and the tenant had a neighbour saying it wasn't her who was making the noise, the MC replied with that sure the tenant and her neighbour are friends so of course the neighbour would say that!! Regarding the proof , the MC said that a member of the residents association saw it. So that's good enough for the MC to issue a fine.
Anyway the LL had enough at this stage and got a solicitor to get involved, the solicitor is confident that the MC is bullying as there is nothing in the lease about fines !!
Will keep you posted about the outcome if anyone is interested!!

djimi

So basically its one groups word against another? Or in other words the MC have no proof whatsoever? They would be utterly stupid not to drop this now, especially seeing as how a solicitor has gotten involved.

n900guy

Why would a landlord be issued a fine for problems with a tenant?

If someone was selling drugs from a rented apartment, it's the tenant that gets arrested not the landlord.

So, sounds like BS. Regarding tenancy agreements, you are entitled to a copy (e.g., PDF) of any lease or contract which you are party to. Again, sounds like BS.

hawkelady

n900guy wrote: »

Why would a landlord be issued a fine for problems with a tenant?

If someone was selling drugs from a rented apartment, it's the tenant that gets arrested not the landlord.

So, sounds like BS. Regarding tenancy agreements, you are entitled to a copy (e.g., PDF) of any lease or contract which you are party to. Again, sounds like BS.

Who's doing the bull?? If you took time to read the full thread then you would understand the situation either that or your not that clever at understanding!!
The LL is being fined by the MC as the LL owns the property and it is he who has the lease with the MC!!
Well done on your comparison to a drugs bust, but you failed because the thread is not an issue to do with criminality !! It's about whether or not a MC can issue a fine for noise disturbance!!
As for your knowledge about lease agreements , you are nearly there.. Again if you read the full thread you will know that the LL and the tenant has an agreement and the MC and the owner have an agreement lease but that agreement has nothing in it with regard to issuing fines!!
Hope that clears things up for you.

Victor

n900guy wrote: »

Why would a landlord be issued a fine for problems with a tenant?

A landlord is responsible to other for the behaviour of their tenants.