Bad Neighbour Problem...

[buggi]

So you might remember me telling you about all the hassle i had with my old bag of a neighbour that lived below me. Well, since then, i've moved back to my mums and rented my flat out. my tenant is lovely. keeps my flat prestine and pays the rent and is a quiet lady.
So the council move the old bag out from downstairs and put in ASBO hoody yob who is about 18 (strange that an 18 year old single male goes to the top of the housing list to get a flat that is supposed to be kept for old and disabled people???)
Anyway, this guy has been in a month and first night has a party that lasts all night, with about 30 hoody yobbos there which culminates in a fight at 5am and them breaking up out property (sheds and fencing) and no one want's to go out to stop it because they are practically stabbing each other (or threatening to).
Since then, all night parties at least 4 times a week. If it's not actual parties it's just general shouting and noise and them racing cars and wheel spinning etc etc. Abuse to the neighbours if they ask him to tone it down and abuse to passers by.
Had a call earlier tonight from my neighbours telling me it's kicking off again, another party starting up. i was babysitting so i said i'd drive by on the way back and i did (at about 2am). Anyway, no music but just general loud shouting etc. there's about 6 of them in there and one of the girls came out and i said "can you keep the noise down" and she said "it's not my f**kin flat" (i swear she was about 15... don't parents wonder where their kids are ?" so i said "well, it IS my f**kin flat" so then one of the blokes came out and he looked up at me on the stairs so i said to him "can you keep the noise down" and he said "Sorry" so i said, "if you were sorry, you wouldn't do it night after night" to which he replied "Don't speak to me like that". So i said "or what???" and he sucked his teeth and went in. Fukwit.
These guys make the old lady seem like an angel.

The problem has now become worse since the Council and Police went out to see him to get him to sign a non-legally binding behaviour contract (which of course he didn't sign) so this is obviously his way of sticking the finger up (i did tell the lady i had a really good idea.... that maybe they could use the contract he's already signed... the legally binding one called a lease... but she didn't think that that would stand up in court for some reason ??? unbelievable) The Environmental team have installed listening equipment in the house next door but the council woman says when it goes to court they might only get a suspended order against him which means they won't be able to evict. it's like a drug den/doss house. I've contacted solicitors because i believe that the council have a duty of care to the rest of us, and the solicitors have told me that yes, technically they do, and if they are moving people there who they know are problematic then i would have a right to sue (the old bag before they moved there because she was a problem elsewhere and you can bet your bottom dollar it's the same story with this guy) but the proceedings would be long and costly. My tenant's agreement is up in 2 months and i know i will lose her. I feel really sorry for my neighbours, one has to drive for a living and at the moment he's lucky if he gets two hours sleep a night. But what i'm most worried about is when i go back... what about my bike!!! they might steal it

So what i'm asking is... do any of you know a contract killer???

 

[Mad Doug Biker]

I was going to suggest getting a gun with a silencer, but a price on his head might be a lot easier!

Problem is though, he'll be sent on his way, but another piece of vermin* will probably take his place.


* - Yes I know the irony of my words considering my avatar. I get it!

 

[Shaun]

Sorry, can't help with the last request ... does sound like a complete nightmare though.

Can't someone play loud music at him during the day when he's trying to get some shut-eye?

I suppose you've got to do the "right" thing and involve the authorities, but big cogs turn slow and it takes ages to get anything like this sorted.

Good luck with it all.

Cheers,
Shaun

 

[buggi]

yea that's why i am taking solicitors advice. i can't afford the whole sue the council thing but hopefully a few strong letters from the solicitors threatening action might ensure they (a) do all they can to get this guy out and (b) make sure they don't put some other problem in there that they've relocated.

to be honest, it's a good job i don't actually own a gun... because i am having fantasies about shoving it in the guys face and pulling the trigger.

i'm so sick of hard working people having to put up with shoot like this. my flat is in a really nice road too, and i pay a lot for it and i don't see why i should put up with this sh*t. i tell you, if i lose my tenant then every morning, like you said Shaun, i will go round and put my music on all day while i am at work. he won't sleep a wink and i, however, will because i will sleep at my mum's

 

[Globalti]

God, this country is in a mess. I bet when that kid was younger nobody actually ever told him that it is WRONG to make noise and inconvenience everybody else.

 

[dellzeqq]

I sought advice from a solicitor when a near neighbour behaved in a threatening way toward one of my daughters. I say a solicitor, but actually what I mean is a fellow FNRttCer...

Her advice came back by text. 'Injunct. Now'.

Now, to their credit, Hackney moved this man out, so I didn't need to take it any further. Might it be an idea to ask some of the solicitors on this forum, by pm if you prefer, whether they think an injunction might work? And whether the costs could be recouped....

 

[ComedyPilot]

It might also help if you write a strongly worded letter to the council, and copy the editor of the local rag?

 

[ufkacbln]

As a separate thought (although the drawback is that it becomes personal)

If your tenant moves out because of their conduct and you cannot find a tenant because of their behaviour then can you claim damages?

 

[ComedyPilot]

As a separate thought (although the drawback is that it becomes personal)

If your tenant moves out because of their conduct and you cannot find a tenant because of their behaviour then can you claim damages?

From the council.......!

Make sure you now document EVERYTHING.

Every incident, 'phone call, meeting and details of the situation. Get a diary and keep it updated religiously.

Also, get your tennant to write a letter stating how they feel, and how it is affecting their quality of living.

Also, try C.A.B., as I am sure the council must have a tennancy agreement, and that agreement will have clauses to stop tennants behaving in this manner.

 

[dellzeqq]

I may be being a bit thick here, but who is the freeholder?

 

[buggi]

It might also help if you write a strongly worded letter to the council, and copy the editor of the local rag?

i was just reading the letters page in the local rag. i might write one to them asking all the people who have been on the waiting list for years to write to the council and ask how this peanut has got in first.

If your tenant moves out because of their conduct and you cannot find a tenant because of their behaviour then can you claim damages?

I said the Council "what am i going to do if i lose my tenant" and their answer was "you can always rent to us" !!!! WTF... that is going on record with the solicitor and yes i will sue for loss of earnings.

From the council.......!

Make sure you now document EVERYTHING.

Every incident, 'phone call, meeting and details of the situation. Get a diary and keep it updated religiously.

Also, get your tennant to write a letter stating how they feel, and how it is affecting their quality of living.

Also, try C.A.B., as I am sure the council must have a tennancy agreement, and that agreement will have clauses to stop tennants behaving in this manner.

done, done and done. As for your last point, there are rules in the lease.. this was the conversation with the council:-
Council: What we're gonna do is go around and ask him to sign a non-legally binding behaviour contract, so that he know what rules to abide by.
Me: What if he doesn't want to sign it?
Council: Well, we will get hiim to sign a disclaimer stating he doesn't want to sign the agreement.
Me: I've got a really good idea...
Council: What's that?
Me: You know that thing he's already signed? the thing called "a Lease". The thing that IS legally binding? Why don't you use that to take him to court with?
Council: O I'm sorry, maybe i haven't explained it to you properly...
Me (interrupting): O you have, I'm just wondering why you think a non-legally binding contract will stand up in court when you've already got a legally binding contract that will, and i'm wondering why you are wasting your time getting him to sign the legally binding contract when you've already got one that IS legally binding.
Council: Well, we have to show the judge that we have done everything we can to solve the situation.
Me: O, ok then, how about you just write him a letter telling him he's broken the terms of his lease and if he does it again, you will evict him.
Council: he might not of read his lease.
Me: Really? blimey... perhaps i should phone my credit card company and tell them i'm not paying them back because i didn't read the agreement before i signed it and didn't realise i had to pay back the money? [can you sense the sarcasm is my voice?]

I may be being a bit thick here, but who is the freeholder?

It's Leasehold. The Council is the leaseholder. The solicitors said they are therefore my landlords, even though i own my flat, and therefore have a duty of care towards me. i can sue them for stress and damages but it's gonna cost a lot of money so they are hoping that a few threatening letters might have some effect.

to be honest, i was chatting to my mum the other day. This is the situation as you may already know. i'm in sh*t with my credit cards and my flat is in negative equity. I am at my mum's for a year paying my credit cards off. So that problem will be solved, but now i don't want to go to my flat. To get rid of my flat i would have to raise at least £20k and with that and the amount i owe on my cards, quite frankly i'm not sure if it's worth the fight. i feel like jacking the whole lot in, going backrupt and starting again. The card situation i can cope with, but i cannot bear the thought of going back to live there at the moment. I wouldn't blame my tenant if she did a runner.

The council have also told me that when they go to court there is a chance they will get some do-gooder judge who will give him another chance and suspend the ASBO, which means they won't be able to proceed to evict. Again, good citizens get ****ed over.

I've spoken to my mum, i can tell she is worried about me going back. I'm not the kind of person that will back down for starters, i think you just make a rod for your own back, if i show em i'm scared i won't be able to even walk through the communal area without them hassling me, but on the other hand i can see her point. I've already heard this lad has pulled a knife on someone and that's not a situation i want to be in either. And when i drove by the other night after my niece's party, there was a whole gang of em outside and my mum said "what if you have to walk past them when you come back off a night out all dressed up?" i knew what she was getting at. No woman in her right mind would walk past a gang of aggressive blokes smoking weed, especially if they knew you were already scared of them (and the fact i was seriously assaulted by two men some years ago does not do much to relieve my anxieties. So what do you do... stand your ground or get walked over??

So anyway, after speaking to my mum we are seriously going to consider the bankruptcy route if the judge doesn't evict them.

[QUOTE 1175335"]
When your tenant moves out, rent your flat out to an absolute psychopath
[/quote]

Great idea!

 

[buggi]

you know that youtube film where they get the bike thief with paintball guns.

that's just given me a wicked idea

 

[Crankarm]

Very sorry to read of your woes buggi. I too have sufffered similar sh1t over the last several years from ignorant, useless, can't work won't work, boozing, druggie user and dealer scum. Your are spot on with your analysis. The leaseholder does owe you a duty of care. I would do the following:

1) Instruct the solicitors you have sought advice from to seek an immediate injunction against the Leaseholder to make their tenant cease causing a disturbance and comply with the terms of the lease which will contain a clause NOT to cause nuisance, annoyance, disruption or distress to neighbours. This is a general clause in every lease. Then inform the leaseholder that you will bring an action for nuisance and their failure in their duty of care to you which will include loss of earnings should your tenant quit, reduction in value of your premises owing to the presence of scumbag tenants and stress. Highlight that the Leaseholder knew that there was an issue with behaviour by their tenants as they moved the previous tenant that occupied the property. To replace them with an 18year old scumbag is prima facie negligent. Advise that you have recorded material showing all the disruptive behaviour. I am fairly sure if you win your case which would seem more than likely on the facts as you present them that the Leaseholder would be liable for your costs but I don't think it would ever get to court as they would make settlement before hand.

2) Send a recorded delivery letter to the Chief Cuntstable of your local mickey mouse police force summarising your situation that your tenant and yourself live in fear of abuse, harassment, intimidation and the threat of extreme physical violence from these scumbags. Mention also the drug dealing and disturbances at all hours and your attempts to resolve it which have been met with threats. You and your tenant are both scared and vulnerable as you are both single and female. You want a much more visible police presence as does your tenant.

3) Copy of the the above letter to Chief Cuntstable to your MP seeking his assistance.

4) If this scumbag tenant is NOT working, which I suspect is the case, ring up the benefits people (anomynously)to say he is funding his lifestyle dealing drugs whilst claiming benefits. Also call up the LA as he will also be claiming housing benefit.

As regards your own financial situation, the instant problem with the neighbouring tenant makes it x100 worse. You need to maximise your return from your flat to meet your financial liabilities so perhaps if you are not that precious about the flat ............. get a solicitor to threaten to sue them for £xxxxx then say to the LA leaseholder ok if you now give me £xxxxx to buy the flat and leave me with something for all the aggro and stress you have cause me, then I will cease legal proceedings against you. Even if the current scumbag is moved there might be another one or three along to replace him and your troubles start all over again. You have to realise that this is now a permanent problem affecting your flat and you WILL have to declare disputes with neighbours if you come to sell. It woudl also be cynical of me to suggest that the LA are in a way bullying you out of your flat by failing to address your problems even exaccerbating them, so that they might buy your flat cheaply. Be aware that this might be one of their goals.

Bankruptcy what ever you have read or been told is still not an easy option.

These people are SCUM.

 

[buggi]

i am subscribing to this thread because it seems some pretty good advice is coming out of it. Over the next week i am going to collate all the evidence and then i'm going back to my solicitor.

i have today written to the LA asking them for a copy of their allocations policy with regard to the flats in my road, under the Freedom of Information Act.

 

[vernon]

i am subscribing to this thread because it seems some pretty good advice is coming out of it. Over the next week i am going to collate all the evidence and then i'm going back to my solicitor.

i have today written to the LA asking them for a copy of their allocations policy with regard to the flats in my road, under the Freedom of Information Act.

Before you go down the bankruptcy route, have a close look at the disadvantages. This site seems to be a good start to weighing up the pros and cons. There seems to be more cons than pros to me.