Harassment from neighbour, and worred about LL reaction.

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    Harassment from neighbour, and worred about LL reaction.

    My partner has an assured period tenancy with private LL for a 1 bed flat. Since moving in last year, he has been subjected to what can only be described as "noise terror" from the guy below. The guy is believed to have mental health problems and is owner occupier.

    The harassment as ranged from tv being loud day and night, loud music, banging on ceiling, stomping about and slamming doors, even playing his guitar at 5.30am.

    My partner has tried the informal approach of asking the neighbour to keep the noise down by letter (the neighbour doesn't answer his door to anyone) and the response was that my partner should purchase headphones because he keeps neighbour awake with tv. No he doesn't, but he bought headphones anyway.

    The problems continued until my partner involved environmental health. They wrote the neighbour, and he quietened down for a while.

    But he has started up again, and much worse.

    I have had to come down and look after my partner. Last week, we were subjected to loud music, guitar playing, loud singing, the guy moaning and talking to himself morning, noon and night.

    On saturday, we had the tv up at a barely audible level and the guy banged on the celing. If we walk around, he bangs on the ceiling. If we talk to each other, he bangs on the ceiling. We are now reduced to talking in whispers, tip toeing around and not having tv on.

    We have had to involve the local police because we feel so intimidated and even afraid because of the neighbours somewhat insane behaviour.

    I should point out, that we suspect LL wants to keep neighbour sweet because he wants to build on the property. We suspect LL is going to be quite sniffy that we have had to take these measures. In fact, we are terrified that the LL will go down, speak to neighbour, take his side and evict My partner. But realistically, my partner was left with no choice.

    I should point out also that all this has had a serious effect on both mine and my partners mental health.

    The LL is coming over tomorrow to do measurements for the building works and wants to speak to neighbour to get his permission to commence the building works. We feel that because we've had to take the steps we have to stop the neighbour from harassing us, the LL going to be pretty annoyed and it's all going to come back on us.

    What do we do in this situation? Should we front up and tell the LL all the problems we've had and why we had to do what we did? Does my partner have any rights here?

    Urgent response is needed.

    Thanks.

    #2
    Start with Local Authority (Noise Abatement Officers, if they exist).
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      That's what we are doing. But does the LL have the right to evict us because of the action we have taken?

      Comment


        #4
        LL has right to evict if the wind changes direction. A S21 notice is also known as a no fault notice (ie T need not have done anything wrong).

        You should be safe though for the remainder of the fixed term though.
        I'm a good tenant with great landlords
        I'm also a living, breathing, fully cooked female.

        Comment


          #5
          It is a period tenancy. The 6 month fixed term ended in December, so it's rolling month to month. Part of me wonders if its worth contacting the LL before he turns up tomorrow to tell him exactly what has been going on, then at least then my partner has a good chance of defending himself.

          Comment


            #6
            Sounds dreadful. Why does you partner not just give notice and move as soon as the term is up?

            Sure - it is not his fault and no one should have to put up with this. But if your health is suffering as a result then surely this is a battle that is simply not worth fighting!
            Assume I know nothing.

            Comment


              #7
              Because my partner simply can't afford to move quickly. It is his intention to move, and as fast as he can, but finding somewhere is the sticky wickett.

              Comment


                #8
                What I do need to know is, is it likely he will evict my partner?

                Comment


                  #9
                  Originally posted by chillimog View Post
                  That's what we are doing.
                  Good, but we didn't know that until you told us.
                  JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                  1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                  2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                  3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                  4. *- Contact info: click on my name (blue-highlight link).

                  Comment


                    #10
                    Originally posted by chillimog View Post
                    What I do need to know is, is it likely he will evict my partner?
                    LLs are ppl just like everyone else. Who is to know what someone will do. If he really wants the building work done and 'im downstairs tells him that complaints have gone in about him etc then LL may want to evict your OH to secure his permission for building works.

                    However if LL arrives and during normal conversation the man downstairs starts banging the ceiling because you're talking too loud then he's shown himself up as being unreasonable and LL may well think that any T that lives there will encounter problems with him.
                    I'm a good tenant with great landlords
                    I'm also a living, breathing, fully cooked female.

                    Comment


                      #11
                      As far as I'm aware, the LL is aware that there have been probs with previous tenants and the neighbour. He had to install soundproofing material in the bedroom, because previous tenants could hear neighbour's radio all through the night.

                      In the end, it is believed the neighbour did forced the tenants to move with his behaviour - which is what is likely to happen with my partner.

                      Comment


                        #12
                        From #1
                        The problems continued until my partner involved environmental health. They wrote the neighbour, and he quietened down for a while.

                        Speed reading again Jeffrey?

                        OPs partner could ask his LL if he has a more suitable property available to rent, subject to close inspection, of course, then everyone should be satisfied.

                        Comment


                          #13
                          There is no other property. Only this. So it looks like my partner has to start looking for somewhere else, whichever way it goes.

                          Comment


                            #14
                            Originally posted by chillimog View Post
                            Because my partner simply can't afford to move quickly. It is his intention to move, and as fast as he can, but finding somewhere is the sticky wickett.
                            Well be grateful you don't own the place... a friend of mine is in exactly the same position as you with a neighbour who is clearly deranged - despite my friend doing absolutely every legal route possible (the guy now has ASBOs coming out of his ears) the problem and harrassment goes on and on and there's not a damned thing she can do about it. She can't move of course, as she'd need to declare the whole problem and no buyer would come near.

                            Comment


                              #15
                              I count my chickens that we don't own it. I can't see how the LL will ever sell with this guy. I'm hoping he will be sympathetic and understand that it has got the point where neither of us can stand it. It certainly sounds like he wants to keep my partner here until the building works on the loft conversion starts, but it's all v worrying. The guy downstairs is deranged - 5 hours and counting of him talking to himself and moaning today. We are both so on edge right now and the LL visit tomorrow isn't helping at all.

                              Comment

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