Anti Social Behaviour from tenant

I recently posted about increasing my tenant’s rent as they were paying well below the market rates and had moved another person in during the term of the lease. At the time, I was in two minds as I was happy to have a good tenant.

Things have changed. I have been notified by the management company that the tenant is having “an increasing number of parties”. Now, I would be the first to say that it’s her home and she can have parties if she so wishes, however, her parties are infringing on the comfort and security of other tenants in the building which is a very small complex of apartments.

Things have been thrown from windows, food, bottles, and glasses which have smashed on the ground below, cigarettes being put out on the floor of the common areas, it appears that she has given building access codes to many people (there are two codes – one for the front gate – and one for the apartment block door). There have been arguments at 5am when people were leaving one of her parties. This is in addition of course to general loudness associated with house parties.

The management company have now notified us of fees which will be incurred by us if this happens again, charges for a cleaning company to be called if required, and charges for a security company to be called if required.

I’m looking at advice on how best to proceed. She is currently on a part 4 tenancy. I would prefer to have her out completely, I don’t wish to have a tenant who is involved in Anti Social Behaviour and who is causing stress to other tenants. However I will follow the letter of the law in this regard and if there is no way to legally have her evicted then I won’t go down this route of course but I need to ensure that she does not continue having parties. I spoke to her in May 2012 informally and by email regarding this and she assured me she would be more careful so this isn’t the first instance of this kind of issue.

Any advice would be greatly appreciated. My intention, if I can’t evict her (which I’m going to presume is not an option), is to issue her notification of intention to increase the rent to keep in line with market rates, and also to request an inspection of the property.

Thanks in advance.

djimi

The first thing that you need to do is issue a warning to her. Can you get some specific details from the management company? If so, put them in writing and send them to her. Inform her that the issues could potentially lead to increased fees from the mangement company, which is something that will be deducted from her deposit should it happen. Warn her that if the behavious continues then you will have no choice but to seek an eviction.

Thanks djimi, I have specific dates etc which is good.

I was unsure how to proceed with the warning. I don't want to just "have a word" with her, as I've done that before. Should I mention that in the letter - that despite speaking about similar incident last year, the issue has arisen again?

Thanks.

djimi

Cant hurt. The letter is basically the warning that she is entitled to (I think it can also be verbal but its more formal in writing and it leaves a papertrail which is good for you). I dont think the warning has to have any particular form, but the more information you can put in there then the stronger your case it.

Id be emphasising the point about it potentially costing you money in increased fees; this makes it more serious of an issue than just a couple of neighbours complaining.

mathepac

Your tenant is of course also causing security breaches by broadcasting the security codes to non-residents. If I lived there I would be distinctly uneasy to know that my property or person might be at risk as untraceable non-residents have free access to the building's common areas and grounds.

What do your leases with your tenant and the management company have to say on the matter? They might be useful as guides on how to follow up with the tenant.

foggy_lad

Post the warning to her and also ring her and tell her that you will require access to examine the property in 48 hours.

athtrasna

Bear in mind that you are the person in trouble with your management company, not your tenant. You are the one in breach of your lease by allowing this anti social behavior to continue.

You need to act firmly, legally and quickly. This does not bode well for the condition of your property

ABajaninCork

When you post the warning to the tenant, ensure it is sent via Registered Post, so that you have an audit trail.

Thanks guys, I emailed it to her and intend sending a copy via registered post. She has responded by email.

I have requested that the management company change the codes ASAP.