Neighbour 'feud' Dilemma

[3narf]

Oh and if they are above you, have a look at their flooring. Most flats have a requirement to be carpeted. If theirs is not then they will soon shut up if you point out their breach of regulations.

I wish I'd known that a few years ago! The people above put in laminate.

Never mind, we got our own back when we moved and two lads in their early 20s bought the place.

Them: "Do you have any problems with noise with the people upstairs?"

Us, shuffling feet, mumbling: "Well, we hear them occasionally..."

Them: "No, it's not that, it's just that we've got some turntables and speakers and stuff..."

We still laugh about it now!

 

[thomas]

Our contract doesn't allow bikes within the property. We have a shed though, so all ok. Unless there's a term excluding bikes then I see no problem. However, if you cause damage with your bike you should be liable for repairs.

It should all be outlined within your contract really. If it's not in that then you can do what you want.

 

[david1701]

Just noticed where you live and I'm not surprised by the rent that you pay. Five years ago when doing a LEJOG I was asked for £28 for one night at a camp site at Bude. I told the owner that I only wanted to rent the pitch not buy it.

OUCH, if you do another give us a shout and you can have the garden or spare room if you're good

 

[PBancroft]

Write everything down. Do it now whilst it is relatively fresh in your mind. What was said, who said it and when. HOPEFULLY you'll never need it, but it is useful to be able to refer to it should they later dispute the conversation or other events. It's still your word against theirs, mind you.

It is interesting to me that the father was involved. In my experience parents with strong views of "wrong" and "right" can be very persuasive in making their children act a certain way, even when adults themselves.

On shared amenities, the responsibility for maintaining them is outlined in the legal documentation. If it isn't clear, your neighbours should have settled in advance who would pay this cost - it may be that the landlord should have. They may have thought that they were doing a nice thing and are now peeved that the wall has been marked. To be honest, if I'd spent a long time repainting a wall and it was marked almost immediately (however quickly it rubs off) I'd be a bit hacked off - though in this case they seem to have overreacted.

 

[Jezston]

I have written everything down that I remember - in my OP I Thought it might serve a double purpose!

Went to the agency today asking if the landlord had asked us to do or change something because apparently the people in the flat above us are really upset about something, but you know they were being a bit odd and vague about it (didn't want to tempt fate!). They went through all the notes on our account and no, nothing from the landlord since their inspection 6 months ago.

I think the father's presence (remember we are still assuming it's the father!) probably made her say something, and of course I understand they would be very annoyed if they had paid cash money to repaint and immediately some oik started messing it up. If they had come to me and said "we've just repainted and you're getting dirty marks on it already - clean it up or repaint it or we're gonna be pissed" then I would have apologised profusely and agreed. But they didn't. They said nothing, and apparently went to my landlord demanding I'm not allowed to keep a bike in my own flat. Which is ****ing ridiculous.

I shall clean the walls if and when I leave a mark, but I'm half tempted just to tell them to sling their hook and do a dirty protest in the hallway

 

[Rhythm Thief]

Tell them you're planning on selling your bikes in order to fund some turntables and bass bins for the crack den you're planning on starting.

 

[Jezston]

Update:

1. I found my contract. It is very specific about what things you can and cannot keep within the property. There is no mention of bicycles.

2. I have now received a letter from my agency stating that I am not allowed to keep bicycles in the property so as to avoid marks and damage.

3. My flatmates BSO, also kept outside the property like my now stolen cheap bike, was stolen last week.

4. My insurance does not cover any bikes that are not kept behind locked doors within the property.

5. We are on a rolling month by month contract, so the agency could decide to terminate the contract at any time with 4 weeks notice.

6. We have a legal advice line given to us at work. I shall be making use of it on Monday.

7. We pay a combined rent of £700 per month - I don't think any possible cleaning work or minor repainting to remove any currently non-existent marks on the property would be worth losing even one month of rent for the agency or landlord.

8. My flatmate, whilst he has been helpful advising me, wants no part of this and doesn't want any negative effects on himself.

9. I think my best course of action will be to write a letter to my agency, stating I am sorry for these issues coming up, stating my bikes whilst they have caused marks have caused no damage and any marks are easily cleaned off, and I am happy to take responsibility for this. However they must understand my bikes are my main means of transport, that I simply cannot keep them anywhere else, especially as it is not secure (nor insured) to keep them outside, and that I am not in breach of my contract by keeping them. I am however happy to come to some kind of mutually amicable compromise should one be possible - but if they are insistent the bikes go, then I will have to go also.

 

[Fnaar]

Let's hope you get someone a bit reasonable and sympathetic... good luck.

 

[david1701]

finding tennants is a pita (or has been for us in the past) so act reasonable and the landlord should be pretty good about it, caveat they may decide to move you on to make the whining people downstairs shut up, though thats pretty nearsighted

 

[rusky]

I wouldn't think that a letter from the agency would be anything more than a letter if there's nothing in the contract. They can't simply send a letter every time they want to change something!

Oh & £800 for a 3 bed flat is cheap, here you would be lucky to get a 2 bed flat for that!

 

[Bman]

Indeed. Just explain the situation and quote your current contract that probably states something like "make good any damage" to the property that you cause.

Explain it is unnessesary to change the contract and unreasonable for you to be refused to keep your property within your rented flat and that you fully intend making good any damage that you may cause.

Alternativly, the landlord could provide a more secure outdoor location to store your bikes, or get another tennant.

 

[Wobblers]

9. I think my best course of action will be to write a letter to my agency, stating I am sorry for these issues coming up, stating my bikes whilst they have caused marks have caused no damage and any marks are easily cleaned off, and I am happy to take responsibility for this. However they must understand my bikes are my main means of transport, that I simply cannot keep them anywhere else, especially as it is not secure (nor insured) to keep them outside, and that I am not in breach of my contract by keeping them. I am however happy to come to some kind of mutually amicable compromise should one be possible - but if they are insistent the bikes go, then I will have to go also.

Do nothing of the sort! This could easily construed as an admission of liability for damages on your part and would probably mean you're in breach of the tenancy agreement.

If your contract does not explicitly state that you cannot store bicycles indoors, then you can. The letting agency cannot simply add new conditions - this would most likely be seen as varying the terms of the contract which would require your agreement. In fact, such a letter could actually be regarded as harassment: you are legally entitled to enjoy the use of your flat (I believe that's the term used) without undue and unwarranted interference from your landlord.

You need legal advice. Check to ensure that the terms of your tenancy cannot be varied. I would be tempted to write, stating that the contract does not forbid indoor storage of bicycles and therefore you regard their letter as harassment which you are prepared to fight legally. Make it sound expensive! Because it is, it would cost them thousands to go through the whole legal process. I doubt they'd bother seeing a sizable chunk of their profits disappear as a result. But... don't do anything until you get legal advice!

 

[PBancroft]

Update:

1. I found my contract. It is very specific about what things you can and cannot keep within the property. There is no mention of bicycles.

2. I have now received a letter from my agency stating that I am not allowed to keep bicycles in the property so as to avoid marks and damage.

9. I think my best course of action will be to write a letter to my agency, stating I am sorry for these issues coming up, stating my bikes whilst they have caused marks have caused no damage and any marks are easily cleaned off, and I am happy to take responsibility for this. However they must understand my bikes are my main means of transport, that I simply cannot keep them anywhere else, especially as it is not secure (nor insured) to keep them outside, and that I am not in breach of my contract by keeping them. I am however happy to come to some kind of mutually amicable compromise should one be possible - but if they are insistent the bikes go, then I will have to go also.

I would simply ask the agency to highlight where in the contract this is stated. They may suggest that somewhere else requires that the property is kept in a good state of repair. In which case, suggest that you would be happy to fund any repainting along the stretch where you need to manoeuvre your bike.

Difficult situation for you, hope it works out OK - its a shame that the mere owning of a bike is reflecting as somehow anti-social.

 

[Svendo]

If the Landlord decides they don't want you, you'd probably have a little longer to quit.
Assuming you have a Assured Short Hold Tenancy that is now rolling (i.e. beyond the initial period without a new document being signed), they can give 28 days notice under Housing Act grounds, which you can challenge in court, they vary and some are mandatory and some are discretionary (mandatory means they need to demonstrate the conditions are met and the possesion order is automatic, some it's still up to the judge whatever the circumstances).
OR they can issue a section 21 notice, 2 months ending the day before a rent period begins with certain required wording, but which has no conditions attached (it's 'The Landlord requires possesion'). A tenant could quite legally then wait for a court order and baliffs warrant to be granted, but this hinders future application for accommodation.
Even though the notice is twice as long or more, Section 21 is generally much more cost effective and efficient.
I don't know how this would affect your flatmate.

I'd recommend reasonable negotiation, without admitting liability, and also trying really hard not to mark the new paint. Maybe use QRs and carry the wheels up seperately? Might be less ball ache than moving. Also components aren't necessarily a bicycle!

 

[Brains]

As a landlord a few words of advice.

As others have stated the agency/landlord can not add additional clauses to the STA without your agreement.

Please check the situation of your deposit. By law your deposit MUST be held by one of the two tenancy schemes, (MyDeposits and the Government one) you will have a document from the tenancy scheme telling you the details. If you do not have a document, ask the Agency to supply one now, before anything goes any futher (If either the Agency or the Landlord are holding your deposit themselves it is illigal) it would also mean you have no protection.

Ultimatly I think it is now time to start looking for another flat.
As it appears that the Landlord has been forced into a corner, and when you send him the written termination notice ensure you tell him why you are going, he will then know for future to add a 'no bikes' clause and blame the other flat people for costing him the £1,000 or so that it will take to find new tenants.