Legal Question

Discussion in 'The Clubhouse Bar' started by noah_jo, Jan 31, 2020.

  1. noah_jo

    noah_jo First XV

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    Right chaps,
    Quick legal question for any of you that may know anything.

    Basically, me and a few mates are renting a house and we had a party last night, it was loud but no-one came to the door or anything so we thought it was no bother. Everyone had left by 11.50.

    This morning a man from the university came to the door saying there had been a noise complaint lodged by the council and that they had been to the house at 11.25 and shut it down.

    They hadn't been and we told the man this and he said ok and that we would know if there would be anything else next week.

    I then got a call from the landlord saying the same thing and again told him that the council hadn't been around and we would have shut it down immediately if they had.

    He then threatened that because he's applying for the license to rent to students at the moment and that if he doesn't get it off of the back of this then we will have to compensate him for rent over the next few years.

    Can he do this ( beyond keeping the deposit) and is it likely that it will effect his application?
     
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  3. The Oggmonster

    The Oggmonster First XV

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    Putting the shutting down at 11:25 claim aside, is it not possible that someone did knock on the door and that you didn't hear them because it was so loud?

    You'd need to check your tenancy agreement (there may well be something relating to 'house rules/parties') but having to compensate him for not getting a license sounds unlikely to me. If it finished at 11:50pm it's hardly crime of the century.
     
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  4. duncanb

    duncanb Bench Player

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    Well first up your Rental agreement will/ should show what is allowed on the owners property.
    2nd call council find out about complaint and lodge counter claim if a council employee says they attended.
    3rd the Landlord would have to take you to court and demonstrate to a judge that the actions of this one incident has caused him financial loss and he deserves to be financially compensated.
    Rider am not a legal expert but rent out 2 properties I own.
    The cynic in me thinks he wants you out and maybe using it as an excuse that you have broken agreement.
    As always seek professional advice.
     
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  5. TRF_heineken

    TRF_heineken RIP #J9

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    This sounds a bit like a scheme to me. It depends a lot on the lease agreement you signed with the landlord and his agent (if he used one). Also it depends on the rules and regulations of the building and if there is some form of home owner's association etc.

    Just because you made noise, doesn't necessarily mean that you broke the rules.

    Plus nobody came to address the situation, so what proof is there that the complaints were made in the first place? It could be a neighbour who doesn't want students in the same building, or it could be the landlord himself, fabricating the reports to him.

    Also, isn't the police supposed to show up and warn you? At least that's how it works in SA
     
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  6. duncanb

    duncanb Bench Player

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    Civil offence generally in UK police could attend if other offences if noise reported its purely local authority council etc.
     
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  7. ncurd

    ncurd International

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    Talk to Shelter (https://england.shelter.org.uk/)

    They are more than a homeless charity and help a huge amount in regard to renting properties in tenants. I spoke to them twice about disputes, one occasion they told me I had little choice but accept my landlord was allowed to refloor the property in a vastly decreased quality after damage that was not my fault. The other time they confirmed my landlord was not allowed to invoke a carpet cleaning clause for having a pet as I had cleaned it to satisfactory level myself. So they are honest I recomend using the chat andd having a transcript so you can show that to your landlord/letting agent once they know you've gotten independent advice their tune can change a huge amount.


    I suspect he absolutely is unable claim that compensation based on the tenancy, I went through a fair bit of this with my last landlord essentially they can only claim for damage done to the property or it not being left in a state that the inventory states it was in everything else is completely off the table.
     
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  8. Yoshimitsu

    Yoshimitsu Academy Player

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    Agree with ncurd speak to someone with specific knowledge. However on the face of it:

    "He then threatened that because he's applying for the license to rent to students at the moment and that if he doesn't get it off of the back of this then we will have to compensate him for rent over the next few years."

    Is ********. You are not party to that agreement / action so his issues are entirely his. Unless there's a specific clause in your contract relating to noise issues you could justifiably tell them to **** off and stop threatening you. There is no way on earth a legal claim against you would be upheld.

    However, the problem with cutting up rough with a landlord is they can at the least withdraw good will and at worst depending on tenancy type evict you.
     
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  9. Every Time Ref

    Every Time Ref First XV

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  10. noah_jo

    noah_jo First XV

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    Thanks for all the help everybody!

    I have spoken to the council and they are all fine and won't be following it up.

    Cheers for the advice all :)
     
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  11. living sacrifice

    living sacrifice First XV

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    What he was referring to is ‘consequential loss’ which wouldn’t be under the tenancy agreement and wouldn’t be enforceable through common law (which is applicable in the uk no matter what contract is signed).

    In simple terms you’d have nothing to worry about as he wouldn’t be able to make that claim against you especially without substantial evidence and a proper cause (which he doesn’t have).

    I usually do construction contract law but hey.
     
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  12. The_Blindside

    The_Blindside International

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    Sounds like an empty threat to me. Problem is that people like your landlord like to sound like they know the law and threaten younger people with it, when they don’t.
     
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  13. ncurd

    ncurd International

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    It should be noted that revenge evictions are against the law. Trying to remove a tenent is actually really hard even if they have broken the tendency agreement. Especially if you have a dispute beforehand essentially any complaint you make against your landlord they can't touch you for 6 months even if you on a rolling contract

    This said landlords are still utter shits and so can letting agents. You absolutely have to weigh up what you are doing.
     
  14. The Oggmonster

    The Oggmonster First XV

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    Bit of a sweeping generalisation there especially re. landlords. I myself have had a few over the years and while some were rogues/chancers others were perfectly fair and reasonable.
     
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  15. duncanb

    duncanb Bench Player

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    I'm not an utter **** please refrain from sweeping posts statements that you cannot back up with any evidence.
    Having had many tenants over the years it would be silly to say as I've had one bad one that all tenants are *****.
     
  16. ncurd

    ncurd International

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    Sorry for use of the word all, most landlords are utter shits.

    I had something like 6 landlords over time before having my own property. My experience was very few cared about their tenants or maintaining their property properly and were just interested in milking them for money. I won't speak for you as individuals I have friends which are perfectly reasonable landlords sadly from everyone I know who have rented those people are few are between.
     
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