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Tenant Investigations

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Friday 4th August, 2023 | Author: Secretariat | Filed under: Good practice policies

In the UK, landlords have certain legal responsibilities when it comes to their tenants.

One of these responsibilities is to ensure that their property is being used in accordance with the tenancy agreement and that the tenant is not engaging in any illegal activities.

If a landlord suspects that their tenant is engaging in illegal activities, such as drug dealing or subletting the property without permission, they have the right to investigate the matter further.

However, it is important to note that landlords cannot simply enter the property without the tenant's permission.

The first step a landlord should take is to review the tenancy agreement to ensure that the suspected activity is actually prohibited. If it is, the landlord should contact the tenant and request a meeting to discuss their concerns. During this meeting, the landlord should clearly explain why they suspect illegal activity and provide evidence to support their claim. If the tenant denies any wrongdoing, the landlord can consider taking further action.

This may involve conducting an investigation into the suspected activity, which could include hiring a professional investigator accredited by the Association of British Investigators (ABI) and therefore bound by the ABI code of ethics & professional standards.

However, it is important to note that landlords and their investigator must always act within the law when investigating their tenants.

They cannot use excessive force or intimidate the tenant in any way.

Additionally, landlords must respect the tenant's right to privacy and ensure that any investigation is carried out in a lawful and ethical manner.

If the landlord's investigation confirms that the tenant is engaging in illegal activities, they can take action to evict the tenant.

However, this process can be complicated and time-consuming, so it is important to seek legal advice before taking any further steps.

It is worth noting that landlords have a legal obligation to provide their tenants with a safe and habitable living environment. This means that if the landlord suspects that the tenant's illegal activity is putting themselves or others at risk, they may have a duty to report the matter to the relevant authorities, such as the police or local council.

Landlords should also be aware that they cannot discriminate against tenants on the basis of their race, religion, gender, sexual orientation, or any other protected characteristic. If the landlord's suspicions are based on discriminatory grounds, this could lead to legal consequences for the landlord.

In addition to investigating suspected illegal activity, landlords should also carry out regular inspections of their property to ensure that it is being maintained in good condition. This can help to identify any maintenance issues that need to be addressed and prevent minor problems from becoming major ones.
Seeking legal advice and acting within the law can help landlords to protect their property and their tenants while ensuring that they meet their legal obligations.

In conclusion, while landlords have the right to investigate their tenants if they suspect illegal activity, it is important to ensure that any investigation is carried out in a lawful and ethical manner and when engaging a professional investigator, the investigator is accredited to the ABI and therefore bound by the ABI code of ethics & professional standards.
The ABI will help you find an experienced investigator here.