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  • Advice on HMO and Noisy Tenants

    Firstly I would like to say what an informative website this is and how much help it has been for us.

    Please can anyone give me some advice or tips?

    I have lived in a mid terrace for 30 years without any noise problems until recently.

    4 weeks ago the mid terrace next door which is privately owned was rented out to a group of people and since they have moved in the disturbances have been totally unacceptable.

    We wanted to give them time to settle in and find their feet before we approached them on the subject in the hope that things would calm down with the noise, when I say noise I mean moving furniture around the house at 04.00am and rowdy conversations amongst other things.



    The house is 3 bedrooms and we have estimated that there are at least 5 males and 1 female in occupation.

    From our observations 2 of them are part time students and 1 has a job and the other 2 never leave the house.

    We have not yet ascertained yet who the “key holder” is, as on an average day they can have up to 30 visitors (that’s no exaggeration).

    They have turned this quiet mid terrace house into an “Open House” where people come and go at all hours of the day.

    The house is now active 24hours a day with always a group of 5 or more in the kitchen shouting and laughing with no respect for neighbors, way into the early hours.



    “They have turned this house into a community center”



    I work shifts at London airport and start work at 06.00am.

    The situation reached its peak on Thursday night when at 12.20am we were awoken to loud door banging and laughter and joking outside our house, this soon passed and everything was normal until 03.50am when I was awoken again by the sound of a high powered car stereo with all its windows down sitting in the drive next door, 12ft from my double glazed shut bedroom window.

    I flipped; I couldn’t believe the audacity at this time of the morning on a working day.

    I leaned out of my window and shouted at him to turn it off and he seemed astonished that I had made a complaint.



    He drove off before I could speak to him, he was yet another one of their guests “just visiting” after being entertained at their house. I await his return so I can ram his car stereo down his throat.



    I could go on about the numerous other complaints that we have with these people including a 7ft high bonfire at 11.00am in the morning, 10ft from the back of our house, his garden is 100ft long, This was 3 weeks ago when temperature were reaching 30 degrees and all of our windows were opened. My house filled with smoke and I panicked thinking my property was on fire.

    I complained to him and he extinguished it straight away, the bonfire is still there drying out ready to be lit probably when I'm not there.

    All of these occurrences have been documented.



    We have approached the people concerned and have asked them to be more considerate and respectful of others living in such close proximity, they just nod their heads in agreement and walk away grinning from ear to ear.



    They give me the impression of teenagers on a first holiday abroad without their parents to control them; they don’t have a care in the world.



    OK sorry for the long explanation now for a few questions:



    We plan on selling our property in November to move to Canada but are worried if any official complaint is made it could affect our marketing of the property and the value.



    My 2 other neighbors in the terrace of 4 houses have approached me about the noise problem and are willing to go to Hillingdon council to report the problem but they want me to take the lead with the proceedings.



    Can I go ahead and lodge a joint noise abatement order and then sue the landlord for any loss of value to my home?



    HMO (House in multiple occupation)

    Can I get help from the council as this house hasn’t been listed as an HMO?



    I know the address of the letting agent so is it worthwhile if I get in touch with them before I go ahead with any action?





    Thank you for any replies



    Malcolm



    “Every night is a challenge with NFH”

  • #2
    Hi Malcolm, and welcome to NFHiB



    And very sorry that you find yourself in this situation



    Re the SPIF(Seller's Property Information Form); there is a useful discussion on this at

    http://www.nfh.org.uk/forums/index.php?sho...t=re158#entry16

    and, of course, probably run it by a solicitor.



    Re Noise Abatement Order; you need to contact your council Environmental Health Department, who have powers of prosecution under noise legislation...however this is not a quick process! They should be interested to see you have been logging everything, and any support from other neighbours would be good.



    Also, ask your local council if they have a department dealing with private rented sector. They should be able to clarify what constitutes an H.M.O. Do you know who the landlord is? He maybe interested to know how many people are living there, depending on the tenancy agreement. And could take action against the tenants, in any case if they are in breach of tenancy obligations to do with noise nuisance.



    In case you haven't seen them already, there are self-help articles at

    http://www.nfh.org.uk/resources/Articles/index.php



    Wishing you the best of luck, and I'm sure other members will be along to offer help/advice.



    Sapph



    Sorry Malcolm, just noticed that you know who the letting agent is...definitely worth asking for a meeting, re. what action can be taken re breach of the tenancy agreement.

    Comment


    • #3
      Hi Malcolm and welcome to the forum



      Hmm, there seem to have been a few members who have had problems with a transient population of NFH



      Sapph has given you some good advice so there's not much for me to say. Please make sure you log every incident as you will need this for evidence. From what you've described I expect you'll be suffering from writers cramp very soon



      Good luck, hope you get some sense out of the letting agent.



      Misty
      "Almost anything you do will seem insignificant, but it is very important that you do it. You must be the change that you wish to see in the world." Gandhi

      Comment


      • #4
        Hi Malcolm and welcome to the Forum



        Sorry to hear about all the noise and other nuisances from the tenants next door, can't be nice for you at all.



        sapphire has given you some great pointers and hopefully the links they've given will help you a bit more.



        With regard to your specific queries:



        An official complaints will mean that you have to disclose the fact on the SPIF - if you fail to then your purchaser could sue you (I suppose this is only if they experience a similar problem/ if they find out :huh: ). Check out the topic in sapphire's link.



        I don't know about suing the landlord - I don't think you'd be able to do this if the landlord wasn't aware of the nuisance they are causing. So I would definitely advise you to speak to this landlord about the behaviour of their tenants - I'd suggest that you put any complaints in writing.



        I'd also suggest that you put a complaint in writing to the occupiers next door and say that if they don't alter their behaviour, i.e. stop playing music, being a nuisance then you will have no alternative but to make an official complaint. There is a template letter in the Resources section at nfh.org Home Page for you to use as a starting point.



        Why not get the other neighbours do to the same, or sign yours?



        If your other neighbours are staying put, I'd maybe ask them to take the lead in complaining because you are considering selling in the very near future.



        The property may be occupied by "multiple" people, but whether it, in fact is a HMO depends on certain factors. Follow up sapphire's suggestion and contact your local authority to see if they have a dedicated team in your area dealing with HMO's - most authorities these days have registration schemes.



        Sorry can't be of any more assistance. Make sure you keep on logging everything - get as much evidence as you can, ask your other nice neighbours to do the same.



        Good luck with it all and please let us know how you're getting on with it.

        Comment


        • #5
          and dont forget to keep copies of any letters sent too!!





          (welcome by the way!!)

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