What is a landlord’s duty of care to neighbours?

Landlords have many responsibilities. Logically, most focus on the tenants living inside their properties, such as freeing the property from hazards, property structure and general maintenance. But what about a landlord’s duty of care to neighbours? 

What is a landlord’s duty of care to neighbours?

A landlord’s duty of care to neighbours is indirect. Technically, the landlord doesn’t hold a duty of care over the neighbours unless evidence suggests a landlord is encouraging the nuisance.

However, landlords should avoid letting the property out to a tenant if they know there is a high potential for the tenant to cause a nuisance. Landlords should actively try to solve the problem through various available methods. They must take reasonable steps to address tenant issues when brought to their attention.

Types of problems which could trigger doubts about a landlord’s duty of care to neighbours

To ensure your back is covered as a landlord, you must actively try to solve any problems. Therefore, it’s crucial to be aware of potential issues which could occur with neighbours.

Noise levels

Noisy tenants can really annoy neighbours, especially if the noise occurs late at night or early in the morning. Noise levels can rise through music, parties, barking dogs, decorating, or children playing outside in the garden at unsociable times.

General nuisance

A tenant’s general etiquette could be off the mark. This can include situations when the tenant leaves bins on the road, uncontrolled pets, leaving bright lights on when they are not in use, or there is an invasion of privacy.

Anti-social behaviour

Anti-social behaviour needs stamping out as soon as possible. This can include inconsiderate behaviour, littering or drug usage, misuse of fireworks, and parking cars in the wrong places. It can also include arguments or generally being rude to the neighbours.

Tenancy agreement

To cover a landlord’s duty of care and ensure they actively try to prevent everything, landlords should include clauses in the tenancy agreement. Draft templates are available via the government website. Tenancy agreements can, for example, include information about noise levels and when bin collection is.

Landlords can use the tenancy agreement as their special power. It is a tenant’s responsibility to follow the tenancy agreement. Landlords can warn tenants if they are not following the tenancy agreement and take further steps if the behaviour continues.

How can landlords minimise disputes

A dispute between tenants and neighbours can cause headaches, time-consuming drama and unnecessary work for landlords. It will be ideal for landlords to do what they can to prevent problems between tenants and neighbours for their own benefit, let alone the consequences for the other parties involved.

A landlord must be seen as doing everything possible to settle disputes and find a solution to the problems. If that is the case, it becomes very difficult for neighbours to take legal action against the landlord.

Whilst it’s impossible to reduce the chance of a dispute down to zero, there are a few steps a landlord can take to prevent disputes from occurring. Some of this work can be carried out before the tenancy begins, such as a thorough tenant screening process or creating a detailed tenancy agreement.

Thorough tenant screening process

Tenant screening should take place as soon as possible. Tenant screening includes various aspects such as affordability and criminal records. Part of the process involves getting references from the tenant’s previous landlord.

If the previous landlord has experienced trouble with neighbours, they should include this in the report. The new landlord will then be wary and can reject a tenant if they have reasonable grounds to do so. 

Detailed tenancy agreement

A tenancy agreement can prevent disputes by clearly outlining the responsibilities of both landlord and tenant. It serves as a reference point throughout the tenancy, detailing expectations and rules for both parties to follow.

Regular property inspections

Regular property inspections are a key landlord responsibility. These inspections help ensure that the property is maintained in good condition and that tenants adhere to the terms of their tenancy agreement. 

During the property inspection, landlords should take note of the property’s condition. However, landlords can also assess behavioural aspects and speak to neighbours. Landlords can keep an eye on the relationship and step in if required. 

The Landlord and Tenant Act 1985 states that landlords have the right to enter the property to assess its ‘condition and state of repair.’ These inspections must be done at ‘reasonable times of the day’, and you must give the tenant at least 24 hours’ written notice.

Not allowing pets in rented property

A landlord may reasonably ban pets if a neighbour has a pet allergy. However, if that is the case, landlords should be aware of the 2024 Renters’ Rights Bill, which is likely to become law in spring 2025. It aims to create a fairer rental sector for pets and mandates that landlords must not unreasonably withhold consent for pet requests.

Understanding a landlord’s duty of care to neighbours means you have one less thing to worry about as a landlord. CIA Landlords can help you invest in landlord insurance today and take another worry off your mind. At CIA Landlords, we have the expertise to find the best landlord insurance deals suitable for your needs as a landlord. Contact us today at 01788 818 67.