Councillor wants to hear from tenants of unruly landlords... I think his phone's going to be busy
WE HAVE all seen it over the past few years — streets once boasting houses with families living in harmony with another being snapped up by landlords and turned into bedsits.
It used to be close to the town centres but slowly and surely the transformation has crept into some of the more residential areas of the Bay.
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It has to be emphasised that people have to have somewhere to live and affordable housing is a problem in the resort.
It also has to be said the vast majority of landlords look after their properties and their tenants and most of the majority of tenants are also law-abiding people.
But there are some property owners — especially the so-called absentee landlords — who don't really give a damn about living conditions or what their tenants get up to.
Raking in the rent is all that matters. Harmony becomes hell.
Now moves are under way to tackle the problem and make landlords answerable in law.
Two recent high-profile cases saw properties in Torquay closed down by the police and their partnership agencies using anti-social behaviour laws.
Tenants were banned from the houses as part of the process.
But some say the legislation should go further.
They want to see ASLOs — anti-social landlord orders — brought in as well as ASBOs.
The initiative is being led by Torbay councillor Robert Excell (pictured), a businessman in Torre and a landlord himself.
He has already enlisted the support of two community associations.
Cllr Excell says: "Everybody should be able to live in harmony with their neighbours.
"If landlords know tenants are causing problems and do nothing about it they should be brought to task and prosecuted."
He added: "Somebody told me recently that their son could not sleep because of the smell of cannabis seeping up through the floor boards.
"This went on for months before it was dealt with.
"Landlords should make sure their tenants are not breaking the law.
"If I have a property which is being used for drugs or prostitution, and I am accepting rent, I should be prosecuted.
"I know these people have to be looked after and have somewhere to live, but they should be managed properly.
"There are problems everywhere. The council is trying to deal with it and we as an administration are trying to deal with it.
"People should not be living in fear. They have a right to a bit of comfort."
Torbay Council has confirmed the current laws do not cover troublesome landlords.
An official explained that under the Criminal Justice and Immigration Act 2008, premises closure orders allow the courts to temporarily close premises associated with significant and persistent disorder or persistent serious nuisance.
She said the powers aren't actual ASBOs, but are from the same range as those under the Anti-Social Behaviour Act.
She added: "Landlords cannot be held responsible in law for the actions of their tenants, unless such an action affects another tenant of that landlord in the same property and the landlord fails to act in accordance with their obligation under the tenancy agreement. This would be a civil matter between the landlord and the tenant and, therefore, Torbay Council would not apply for an ASBO against a landlord to control the actions of their tenants."
Cllr Excell owns flats in Torquay and has had problems with one of his tenants in the past.
He says: "I got the police involved and it was soon dealt with. That's how it should be.
"Drug dealing and all sorts of things were going on. I reported it to the police and they were out within a week."
Cllr Excell has two community groups in Torquay — ROTH (Residents on the Hill) and the Concerned Communities Association (Belgravia) — on board as he bids to 'take the fight against anti-social behaviour to the landlords of unruly tenants and their properties'.
He says: "The idea is a very simple one — any landlord who allows his property to be used for any illegal or anti-social activities will be targeted and penalised by the enforcement agencies by the imposition of an ASLO.
"This would be an order against any landlord who allows illegal activities or anti-social behaviour to continue in any property and would impose within a very short timeframe a scale of penalties unless immediate remedial action is taken."
He has formed a working party of local businesses and residents primarily in the Belgravia, Torre, Warren Road and Rock Road areas of Torquay to move their plans forward and see ASLOs implemented.
Cllr Excell is now asking for feedback from the public on his plans, especially from people who suffer at the hands of unruly tenants.
He can be reached on 07811 965194 and is, I suspect, in for quite a busy time answering the phone.







5 Comments
by Trevor Jones, Kingskerswell
Thursday, June 10 2010, 9:55PM
“If you residents are getting angry at landlords and tenants who you think of as unresponsive then why not make your representations to Torbay Council or your local landlords' association? Devon Landlords was set up in 1996 to try and improve the housing standards in the rental sector in Torbay and surrounding areas. It's a good place to start. They can be contacted on 01803 314750.”
by Melville Hill Resident, Melville Street
Monday, March 01 2010, 10:06PM
“Bay Taxpyaear seems the one with the Agenda. People of all political points of view must recognise the need to tackle the problem Torbay has with multiple occupancy housing that is badly managed and detrimental to local Communities that also seeks to destroy Torbay as a holiday destination.
Badly run private accommodation costs the Tax payer dearly as the Council is always having to clean up the rubbish, litter and abandoned furniture left outside these houses. Enforcement teams and Street Wardens are stretched to the limit dealing with the problems in and around the worst properties. Manwhile, the Owner get rich on all the Housing Benefit as far away from Torbay as possible !”
by Mike, Torquay
Monday, March 01 2010, 7:10PM
“Sorry Bay Taxpayer, but I think you're trying to make something political that isn't. It has nothing to do with politics - as one of the effected people, I don't care which political party tackles the problem as long as it is tackled and this seems to me to be a good start. Your comment is superficial and seems only concerned with point-scoring - I notice you hide behind a pseudonym, which is never a great idea if you are trying to establish any credibility in a debate like this. Go away and make a nuisance of yourself somewhere else and leave the grown-ups to sort the situation out for you as you are clearly incapable of any original thought on the matter.”
by Concerned resident, Torquay
Monday, March 01 2010, 5:43PM
“I could not disagree more with Bay taxpayer remarks which are ignorant and ill founded. Why do you think the local community groups are involved? I can assure you it is nothing to do with politics.
Time to stamp out people who behave in an utterly moronic way with no thought about anyone but themselves. If ASBO's do not work ASLO's seem absolutely right. We have rented houses near us and it is a nightmare as the landlord clearly knows exactly what is happening but does not give a jot that everyone has to suffer as long as he is paid. Sooner they are hit where it hurts the sooner Torquay will improve.”
by Bay Taxpyaer, Torquay
Monday, March 01 2010, 2:50PM
“Great, isn't it? Every time the Tories think the initiative is getting away from them, they lodge a complaint with Parker, and get him to write a wizard article on just how grand they all are.”