can I sue my landlord for not dealing with antisocial behaviour when its been admitted by tenants?

Question

neighbours have demotion of tenancy, admitted harrassment, signed undertaking in court to stop behaviour, police want family evicted, landlord relucant to take action.

Answer 1

It is complicated,but if the harrassment and antisocial behaviour has been admitted and they have signed an ABA (Anti social behaviour agreement) then if that is broken and the landlord does not take action the courts/council/police will, if I understand correctly.

A landlord is responsible if he is aware of behaviour that is illegal or antisocial (see the respect campaign) and there are obligations on him to deal with this - as the family have admitted the behaviour and are now in the system - all you need to do is keep a diary if further events happen.

Even if you could sue your landlord - you have to ask what are you hoping to achieve, you will damage your relationship with him/her to the point that you may feel you have to move and it will cost money - and what for? I am not condoning the inaction though, and I can imagine the problems you have had to put up with - believe me I live in an area where there is alot of ASB and a lot of it escalates due to poor management of the situation in the early stages.

What you really want is these people to be moved out of the area - and suing your landlord will not achieve that. I'd hold tight, see what the family do - they will more than likely break their agreement - I think you will find it won't be down to your landlord to remove them then, but the council/magistrates.

Answer 2

no. Why would you be able to sue your landlord for the actions of others that he has no control over? Its like me asking if i can sue you because i find Jade Goody offensive to all senses that shes been able to annoy. It makes no sense. Their landlord might be a more viable choice, but I doubt an action there would succeed because he cant exactly police the tennants behaviour. He could have though made good neighbourship a part of their contract, which would give him a contractual right to throw them out if they breached, which by the sounds of it they have.

Situation as it is. You'd be claiming in the tort of private Nuisance. Unfortunately as you are tennants, you have no proprietry interest in the property and therefore cant sue. Its as simple as that (though arguably unjust). Landlord won't be able to sue because he hasnt suffered any damage. If you are particularly annoyed by them, terminate your contract and move out, citing their behaviour as the reason for your move. Then the landlord would be able to sue them for the loss of revenue (ie your rent) and im sure if you could get him to give you a slice of the compensation. Thats the best option i can think of, but bare in mind that i am not a solicitor, so my advice is not to be considered to hold any weight.

Answer 3

Suing will solve little. Best bet is too request that the landlord let you out of your contract and find a better place to live. If nothing else it may get him off the stick and he will take action rather then lose a better tenet.

Answer 4

Taking a Landlord to court can be very costly , ensure that your Solicitor instructs your Barrister properly according to your instructions , the law is fraught with minor details and could end up with you losing and paying each sides costs. TREAD CAREFULLY ! BEST OF LUCK.

Answer 5

If police want family evicted ,it is the police who should
take the mater to court, , they stand better chance of obtaining eviction then the landlords would,,

Answer 6

You could try and get a court order against them, i dont think sueing in this case is the right course of action.

The landlord is probably worried that if he takes action they will demolish his property, and by the sounds of it they most likely will.

Answer 7

Quite possibly. Consult a solicitor or your local CAB (Citizen's Advice Bureau).