Criminal Damage

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  • Criminal Damage

    I have a tenanted property next door to a Housing Association property, the HA tenant is a pain, numerous complaints having been made to the HA about him by a variety of neighbours. On a number of occasions his children have damaged the fence between his property and mine and it is now damaged beyond repair (my fence). The good news is that the latest bout of his children climbing on and rocking the fence was recorded on video, this was shown to police who said that as the children were under age, all they could do was talk to them. I declined this on the basis that being unable to do anything and given the father's attitude there was no point. I have written to the HA tenant informing him of all this and that I will be sending him the bill for replacement. Having spoken to the Housing Association, at their request, I am also sending them copies of the letter to their tenant and copies of the video. My question is, assuming the tenant will not pay and is happy to get a CCJ, have I any claim against the Housing Association?

  • #2
    Under the Contracts (Rights of Third Parties) Act 1999 you may have rights depending on whether the HA have opted out of it with their agreement.

    Most agreements contain a clause which basically says the tennant must not annoy neighbours; as a neighbour you fall into that group of people that could derive rights under the Act, the HA is a party to the agreement so you could possibly claim against them for damage that their tenant is causing to your property.
    My advice is not based on formal legal training but experience gained in 20+ years in the letting industry.


    • #3
      Thanks for that, it looks like a double edged sword though if for example the boot was on the other foot. I'll try to check on whether they have received other written as opposed to verbal complaints.


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