The cases rather lean against liability. Gas Safety Week – Five tips for landlords from Ideal Heating. Tenants and Drugs: Know the Score! Unfortunately, you may find yourself in a situation where you suspect your tenants are using or dealing drugs, but they claim otherwise. Having a property law attorney on your side will lower the risk of unnecessary mistakes. We continue to call for the Government to provide financial support where tenants have Covid-related arrears to help sustain tenancies. Copy down reports you receive from other tenants; write down your suspicions as well as details of any conversations had with tenants about your concerns. Throughout this entire process, it is important to document everything. You can change your cookie settings at any time. Drug dealers will have many people coming in and out of the property at all times with little regard for the time. Even though it is illegal to discriminate against someone for their addiction to drugs or alcohol, it is not illegal to protect your property from illegal activity happening on the premise. Tenants’ behaviour . Smells should be investigated through a standard, tenant-sanctioned checkup. The chances of victory for a landlord where a tenant continues to pay rent are therefore slim. We speak to social landlords, including @HydeHousing and @sovereignha about protecting tenants from 'county lines' drug gangs #ukhousing “They’ll ask, ‘Do you do food [heroin]?’ If you say yes, they’ll make you an offer,” says Julie*, explaining how her ex-partner invited two London drug dealers to move into their home just outside Swindon. They may have a case in the works, or they may be able to provide you with the relevant information and evidence that you need to carry out an eviction. Winning judgments from small claims court can be notoriously hard to carry out, and it might take months or years to see any of the repair money. State Mortgage & Expense Forbearance Resource Page – Unfortunately, rushing through this type of situation can actually cause more harm than good! The law protects the tenant from unreasonable landlord entries, but you have the right to enter the property as necessary for business purposes. Rather than planning to investigate tenants because you are suspicious of them, keep in mind there are some major red flags you should be looking out for with every tenant. All content is available under the Open Government Licence v3.0, except where otherwise stated, If you use assistive technology (such as a screen reader) and need a It will take only 2 minutes to fill in. The bottom line in all states and situations, however, is that you need to have clear evidence of drug sale or use. Automated tenant check-ins an important step for student lettings success. A tenant who uses drugs or deals drugs can be a significant liability to your investment property, neighboring tenants, and community. This would include both using and selling drugs at the property in question. Today, we’ll cover how to deal with a tenant dealing drugs or engaging in other illicit activities. Sadiq Khan makes request for two-year rent freeze in London. It provides examples of the kind of issues that would be considered as ASB as well as some of the actions that a landlord would be expected to take in response. Most often, landlords are held responsible for tenants dealing drugs on the property. Print. Dealing with drug-related incidents as a landlord is never going to be an enjoyable occasion. If you aren’t sure how to work through the selection process more successfully in the future, getting help from a tenant screening service like RentPrep can help. One thing you can do to lower your risk of dealing with illegal activity evictions again in the future is to review your tenant selection criteria. It doesn’t need to be much, maybe 5%, just enough to cover the costs of a redecoration. Consider how much of a loss you can take. Once you have the evidence needed to support an eviction for illicit drug use or sale, it is time to move forward with an eviction. Many at-home drug manufacturing processes create ammonia or other strong smells that are a red flag for drug sales. version of this document in a more accessible format, please email, Ministry of Housing, Communities & Local Government, Landlord and tenant rights and responsibilities in the private rented sector, Houses in multiple occupation and residential property licensing reform: guidance for local housing authorities, Housing health and safety rating system (HHSRS): guidance for landlords and property-related professionals, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases. Ref: ISBN 978-1-4098-5445-6 The extent to which a landlord can be liable for the acts of his tenants is a vexed topic, which we’ve discussed on a number of occasions before. Keeping open communication with your tenant, even when you are suspicious of your activity, is likely to lead to a better outcome than creeping around behind closed doors. Rather, pay attention to any strange differences in the number of visitors. The most you can do is ensure you are doing everything you can to follow the letter of the law and protect your business. After all, a tenant dealing drugs might not look any different than your very best tenants! If they do, you have the right and the means to evict them. Unfortunately, tenants that took part in illegal activity often leave behind big messes. It is possible to move through the eviction process without assistance, but it is also possible to lose an eviction case over simple procedural mistakes. One way to deal with any damage caused by a smoking tenant is to require a premium rent. It seems as if in some circumstances a landlord can be held liable in tort (for non lawyers, this is a type of claim in civil law where someone suffers a wrong and can make a claim even though there is no contract). 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