
Hi Nik,
I’ve recently had a neighbour complain to me about my tenants, saying they’re being noisy by having late-night parties, loud music, things like that. The tenants haven’t caused me any issues so far (they pay rent on time, they’re always polite when I go round, etc), but I don’t want to ignore it either. What do you think I should do?
Thanks,
Nia.
Hi Nia,
Complaints from neighbours are some of my least favourite to deal with – mostly because you’ve got three different parties, all approaching it from different angles and usually with very different expectations:
We come across situations like this quite often, so here are my thoughts written down:
The Renting Homes (Wales) Act 2016 was written with anti-social behaviour in mind. It requires every written statement (what we used to call a tenancy agreement) to include specific clauses setting out exactly what tenants must not do. In short, they mustn’t engage in behaviour capable of causing nuisance or annoyance to neighbours or anyone lawfully in the area.
It’s worth starting by raising the issue with your tenants in a non-accusatory way – something like, “I’ve had a complaint from someone locally... can you shed any light on it?” You can then remind them of what their contract says and follow up with the neighbour to let them know you’ve addressed it.
If the complaints keep coming, you’ll need to decide how far you’re willing to take it. The Act does allow you to serve a specific possession notice citing a breach of those anti-social behaviour clauses, and you don’t have to wait before applying to court for possession. But as you’ve said the tenants pay rent on time and haven’t caused you personal trouble, are you really prepared to go all the way based on what’s essentially a “he said, she said”?
If a quiet word hasn’t stopped the complaints, I’d suggest the complainant raises it with the Council’s Noise Pollution Team. They’re far better placed to investigate and make an objective call. You can let the neighbour know that if the Council supports their case, you’ll be in a much stronger, clearer position to decide what to do next.
If the evidence ends up stacked against the tenants and you decide to seek possession – and they don’t leave voluntarily – you’ll need to take the claim to court. That’ll cost you at least the court fee, plus solicitor costs if you want legal representation.
You’ll need a strong stream of evidence to support your claim, though we help build this for our clients, which typically means they don’t need a solicitor. We’ll also advise them on whether there’s a realistic prospect of success before they commit to the time and expense.
Even if the court agrees that your tenants have breached the contract, they’ll only grant possession if they think it’s reasonable – and the bar is high. Judges aren’t in the business of making people homeless over a one-off – or even two-off – bit of late-night noise, no matter how annoyed the neighbours were.
What counts as “reasonable”? The Act tells the court to consider several things, including the seriousness of the behaviour, the impact on the tenants if evicted, and the wider public interest in stopping that kind of behaviour.
Hope that helps give you a clearer picture.
All the best,
Nik
Director of Operations
CPS Homes
P.S. and a slight disclaimer: this isn’t legal advice – it’s just an honest, considered, best-of-my-knowledge answer.
Got a lettings question on your mind? Fire it my way. I’ll always reply privately, and I pick one each month to feature here – always anonymously.
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