Landmark case as agent is held to account over tenants’ behaviour

A landmark ruling could have implications for letting agents and landlords in connection with the behaviour of tenants.

A noise abatement notice was issued by Poole Council in Dorset to letting agent Michele King on April 1 this year.

She appealed it but this week lost her case.

The authority acted after a string of complaints about a property which was managed by her business, Deluxe Holiday Homes.

Neighbours had complained about all-night din coming from stag and hen parties which had booked the luxurious Canford Cliffs property – one of several expensive homes in the area which can accommodate groups of up to 30 partygoers who pay up to £1,000 a night.

Sex toys were also reportedly tied to neighbours’ verandas.

King appealed the notice, arguing that she could not be held to be the “responsible”person under the Environmental Protection Act 1990.

She said that as she was not staying at the property, she could not be responsible for noise coming from it.

Instead, she argued that the notice should have been served on the individuals renting the property and who were the cause of the disturbance.

Her appeal was heard at Bournemouth Magistrates Court where on Monday it was dismissed, with District Judge Stephen Nicholls saying that King should be accountable.

She had accepted there had been a nuisance at the property. The judge also found that the notice had been properly served.

Anyone flouting a noise abatement order can be liable for fines of up to £20,000.

The ruling – which applies specifically to noise created by large groups of tenants in short-lets but which could be tested further – could mean that landlords and letting agents may be more easily held accountable if there are similar complaints.

Steve Cameron, who formed the Party House Action Group after the property next door to their home became a party house, said: “We have been fighting this ever since the first noise abatement order was issued on a party house three years ago.

“Living next door to one has been sheer misery for us and our neighbours.

“From spring through to autumn each year we have been unable to sleep with our windows open and we have been constantly woken up in the early hours by large groups coming back from nights out.

“While this ruling is not the complete answer, it’s a step in the right direction because it means letting agents and landlords who specialise in short-term rental can now be held accountable for the behaviour of their guests.

“They face a £20,000 fine for flouting the noise abatement order so hopefully that will be enough to encourage them to take responsibility for what goes on at their properties.

“What it doesn’t do is prevent these houses being rented out to huge groups of people in the first place. It only stops them from making noise deemed to be excessive.”

Jeff Morley, regulatory team manager at the borough of Poole, said: “We are pleased the court has supported the action we have taken and upheld the noise abatement notice. It was important for the court to clarify the legal definition of a ‘responsible’ person.”

Cllr Xena Dion, cabinet portfolio holder for the environment, said: “We are truly pleased with this decision. The council takes the issue of noise disturbance very seriously as it is extremely distressing for neighbours.

“This case, in particular, has caused a huge amount of distress to local residents, and officers have dedicated a significant amount of effort to resolve it.

“The court’s verdict means we can now continue using this legislation to tackle any similar incidents in the future.”

On Trip Advisor’s Holiday Lettings website, Deluxe Holiday Homes has been marketing the property pictured, which sleeps 20.

One review read that the house, taken for a 30th birthday, was lovely but too close to neighbours who had complained about noise. Under this review, Deluxe Holiday Homes apologised “for any misunderstanding with reference to noise issues”.

DELUXE-HOLIDAY-HOMES

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4 Comments

  1. Eric Walker

    I am not certain that this case is a Landmark ruling. I believe that it falls under the 'foreseeability' test. If you rent a house to 20 chaps for a stag night, or 20 ladies for a hen do, you can reasonably foresee it wont end well and that the neighbours wont be happy, especially somewhere like Canford Cliffs. It was bad enough when we were kids and had one off parties there. We at least put notes through neighbours doors who then generally evacuated the vicinity. Regardless, there was always a knock at the door at some point. I think really this a ruling which simply says, think before you rent.

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  2. MF

    If we're going to be held responsible for noise nuisances created by tenants, we're also going to need to have legal power to deal with it.

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  3. Woodentop

    Come on, if you rent for stag and hen parties you are asking for trouble! We won't touch one with a barge pole and know of one property similar set up which is wrecked everytime. If you want to be involved in this type of short let, you suffer the consequences?

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  4. seenitall

    does this apply to hotels or night clubs that have wedding nights/ parties? that spill out onto the street and disturb local residents or even other guests in the hotel?

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