Nightmare neighbours

[sazzle84]

I own an upstairs flat and have been renting this out for the past 3 years. The flat below is also rented out.

Over a year ago a couple moved in downstairs who have been very abusive to my tenant. They give verbal abuse and have threated my tenant with a hammer. My tenant has reported this with the police. It has come to a point where my tenant has moved out as cannot continue tip toeing around and living in constant fear.

I have tried speaking to the lady who owns the property below yet she is just as rude as her tenants. After speaking to my estate agents they have advised that the landlady who owns downstairs is in breach of her contract.

I am advertising my flat again and have already had a nasty text message from the people below. I don't feel comfortable letting my flat out if my new tenants are going to receive this abuse also as it is not right.

I'm wanting to contact the landlady again to inform her that she is breaching her contract and make her aware that if her tenants continue being a nuisance then I will have to take legal action. My problem is, I don't know how she is breaching her contract.

I don't own other properties, I'm just a normal girl renting out my flat so I don't know all of the ins and outs of renting. Could someone please give me some advise so I can do something before I rent out my property again.

Thank you.

[bushbaby_de]

Hi Sazzle,

I am assuming you have a leasehold flat, in which case your lease will have the same terms and conditions as the flat below and all the other flats in the development. It will contain a series of covenants (conditions) some with the freeholder and some with other owners/occupiers - so depending on what she is breaching, either you or the management company could take action. Landlords can also be held responsible, in some instances, for nuisance emanating from their property under civil law. Both of these are only actionable in the civil courts and could cost you a fair amount of money to pursue, but some strongly worded letters from a solicitor may head things off.

[scotman]

I would contact Citizens' Advice Bureau first for some free advice. Then look into solicitors.

[Twenty20]

If you or your tenant is suffering abuse you or they need to go back to the police and report it again. Talking to an estate agent about it is fairly pointless.

A letter from a solicitor may be worth the money it costs.

Do you know why you are suffering abuse? Something must have set it off.

[Eve]

Could it have been something personal with your former tenant which might not affect new tenants? Difficult to find out though! I had bulletholes in my windows when I moved into my current place but have never had a problem with any of the neighbours, it was suggested one of the former tenants pissed someone off.

As bushbaby said, your leases should be on similar terms and you should have recourse to your landlord (building owner) for breaches.

Did your former tenant (or you) keep a log of the behaviour (as well as reporting it) so it is there should the behaviour continue with any new tenants?

[muchlovex]

I would contact a solicitor and take their advice. Good point that Jenna raised about the log of events.

[whiskeryron]

I cannot help, but wondered if this would be of assistance to you.
When my wife was very ill & the neighbours next door were out at work, their dog was constantly barking at everything that moved in the area,when I complained to them they were very sympathetic but said they couldn't do anything about it because naturally they had to work & couldn't oviously take the dog with them. After I had told them time & time again they eventually left a camcorder on whilst they were out,when they returned they were horrified to actually see for themselves the amount of disruption their dog was actually causing. My point is (at last) record everything you can from the flat you own for as long as you can with times & dates so that you can produce proof of your claim for nuisance from other tennants or owner. Ron.

[ladybirder]

What happened to the dog ron?

[whiskeryron]

They put the dog in a rear room because most of the activity was on the front ( people walking by & vehicles passing) it only helped partially because the poor creature could still hear things of course so they saw the vet & obtained tranquilisers which then made the dog sleep practically all day. Shortly after that my poorly wife passed away & after a while I moved from the area, but at the time it was horrendous because of the constant noise.Ron.

[ladybirder]

Oh dear ron, what an awful situation, both for you and your sick wife, and the poor dog. Very sad.

[sazzle84]

Thank you all for your advice. I think I'll speak to the Citizens Advice Bureau first before speaking to a solicitor.

I keep thinking that something must have set it off but to be honest, I think they are just bullies. My tenant was no bother and kept himself to himself. He was clean, polite and none of my other neighbours have complained.

I've already had a message from the lady below saying I'd 'better' get someone decent in otherwise she's taking me to court!!!! I have no idea on what grounds. She has also said that everyone refers to my flat as the 'dos house' because of the 'idiot' I have had living there!

I feel terrible that my tenant has left because of these people and worry that the next tenants will suffer something similar.

[muchlovex]

Do be honest, I've used the CAB in the past and I am afraid to say that they were not much use.

Try anyway, as you've got nothing to lose.

I would ask you tenant or previous tenant to put in writing what the problem/s were, as if the people downstairs take you to court, you have evidence to go by.

Best wishes,

[lcg]

make sure that you keep the message in whatever format for future reference if needed. they do sound a little unhinged...x