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Constant Trespass
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I live in a ground floor flat, of a converted Victorian property.
We have been living in hell with the upstairs neighbours for 2-3 years now. Noise nuisance, threats, break-ins, over crowding (up to 11 people in a 2 bed flat) all of which we have been dealing with in the appropriate manner, all be it with little success!
They have now taken to using our front garden as there own, entering it at will by climbing over the 4 foot wall, filling it with rubbish like mattresses, old carpet etc. I have informed the freeholder who has spoken to them, but feels it wont do any good.
Do I have any recourse for this constant trespass?
Jon
We have been living in hell with the upstairs neighbours for 2-3 years now. Noise nuisance, threats, break-ins, over crowding (up to 11 people in a 2 bed flat) all of which we have been dealing with in the appropriate manner, all be it with little success!
They have now taken to using our front garden as there own, entering it at will by climbing over the 4 foot wall, filling it with rubbish like mattresses, old carpet etc. I have informed the freeholder who has spoken to them, but feels it wont do any good.
Do I have any recourse for this constant trespass?
Jon
Answers
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Yes you do. However, I would personally book an appointment with a solicitor and get a letter sent to them threatening them with the appropriate action if this continues. Probably cost in the region of �80/100, but it might well stop them.
The solicitor will give you advice of just what you can do if it continues.
Sometimes a threat of legal action will work, especially if speaking to them has done no good.
Surely the freeholder has the right to threaten them with eviction though?
The solicitor will give you advice of just what you can do if it continues.
Sometimes a threat of legal action will work, especially if speaking to them has done no good.
Surely the freeholder has the right to threaten them with eviction though?
I would contact your local Environmental Health office and ask their advice.
If you are renting, there may be a case for you to have your rent adjusted because of the nuisance. This can be taken up with a rent tribunal - but I'd tell the landlord you are doing so first. It may galvanise him/her into action. He/she should be dealing with this matter in a professional manner and that doesn't appear to be the case. The landlord may also have the right of eviction over these people. As I say, speak to your local council first.
If you are renting, there may be a case for you to have your rent adjusted because of the nuisance. This can be taken up with a rent tribunal - but I'd tell the landlord you are doing so first. It may galvanise him/her into action. He/she should be dealing with this matter in a professional manner and that doesn't appear to be the case. The landlord may also have the right of eviction over these people. As I say, speak to your local council first.
When they kicked the door in and I had to fight a 6ffoot 4 guy out of the flat (I'm a 5foot 8 designer, not used to that kind of thing at all), they produced fake witnesses to say i ran out of the door and attacked them! The police would not even come and look at the foot mark on the door or the shattered door frame.
The over crowding has to be proved and no one seem remotely interested in it anyway.
In fact I filmed the people fly tipping in in my front garden, the video includes me asking them to stop and remove what is already there, they told me to "go away" or words to that effect. I called the police, they came and said "oh dear it must have been a misunderstanding" got in the car and drove off.
I now film every dealing with them on my phone, and have quite a lot now, but I don't have the money to take them to court.
The over crowding has to be proved and no one seem remotely interested in it anyway.
In fact I filmed the people fly tipping in in my front garden, the video includes me asking them to stop and remove what is already there, they told me to "go away" or words to that effect. I called the police, they came and said "oh dear it must have been a misunderstanding" got in the car and drove off.
I now film every dealing with them on my phone, and have quite a lot now, but I don't have the money to take them to court.
Two courses of action I'd take:
First, write to the Chief Superintendent (the police station will supply his name and address) and make an official complaint about the way his officers are dealing with the situation. Tell him you are in constant fear of attack or reprisals by these people and that you have video evidence of their behaviour. Ask him to investigate your complaint and to respond.
Second, fly tipping is an offence and your council are obliged to take action. Environmental Health normally deals with this, and any other form of pollution (noise, rubbish etc), so make an official complaint in writing, asking them to deal with it.
This is definitely a job for the police and your council. Stick to your guns and be forceful. It's not your job to put yourself in any danger - that's what the professionals are paid for.
First, write to the Chief Superintendent (the police station will supply his name and address) and make an official complaint about the way his officers are dealing with the situation. Tell him you are in constant fear of attack or reprisals by these people and that you have video evidence of their behaviour. Ask him to investigate your complaint and to respond.
Second, fly tipping is an offence and your council are obliged to take action. Environmental Health normally deals with this, and any other form of pollution (noise, rubbish etc), so make an official complaint in writing, asking them to deal with it.
This is definitely a job for the police and your council. Stick to your guns and be forceful. It's not your job to put yourself in any danger - that's what the professionals are paid for.
I take it the nuisance neighbours are leaseholders, as well?
Have you checked the conditions of your lease? Is there any mention of a disputes procedure?
You can also speak to the Citizen's Advice Bureau (they have a service where they will point you at a solicitor who will give you a free half hour of advice).
Have you checked the conditions of your lease? Is there any mention of a disputes procedure?
You can also speak to the Citizen's Advice Bureau (they have a service where they will point you at a solicitor who will give you a free half hour of advice).
Council, Police then Council, Police then Council, Police and keep on and on until something is done. You pay your council tax and if you look at the gubbins that comes with your yearly bill it will tell you the percentage portion paid to the Council and the Police to deal with such matters. You have paid for the service USE IT. Environmental Health is most likely the dept to call, it may be a slow process but if its anything like Hampshire they do take it seriously and it does work out in the end....good luck
Check your lease which should be similar to yours (you may also be able to get a copy of theirs from the Land Registry for �20.
A lease normally has conditions on what can and cannot be done (eg used as a private dwelling in the occupation of one family only, keeping the garden in a good condition, not causing a nuisance to any other occupiers).
It is usual to have a provision about the Landlord granting similar conditions in other leases and provision for the Landlord taking action against other tenants for any breach.
It also interferes with your peaceful enjoyment of the property and could have an effect on the valuation of the property and the potential to sell it.
There is also usually a provision that, if the Landlord takes any action, that the Tenant requesting it has to at least contribute to the costs.
If a s.146 notice is served on the other tenants (breach) then there is often provision in a lease that the Landlord can often recoup the cost of this from the tenants it is served on.
"A notice issued under section 146 of the Law of Property Act 1925 that warns a tenant who is in breach of covenant (other than the covenant to pay rent) of the landlord�s intention to forfeit the lease. The notice must specify the breach complained of and if the breach is remediable, require the tenant to remedy it; and in any case require the tenant to monetarily compensate the landlord".
A lease normally has conditions on what can and cannot be done (eg used as a private dwelling in the occupation of one family only, keeping the garden in a good condition, not causing a nuisance to any other occupiers).
It is usual to have a provision about the Landlord granting similar conditions in other leases and provision for the Landlord taking action against other tenants for any breach.
It also interferes with your peaceful enjoyment of the property and could have an effect on the valuation of the property and the potential to sell it.
There is also usually a provision that, if the Landlord takes any action, that the Tenant requesting it has to at least contribute to the costs.
If a s.146 notice is served on the other tenants (breach) then there is often provision in a lease that the Landlord can often recoup the cost of this from the tenants it is served on.
"A notice issued under section 146 of the Law of Property Act 1925 that warns a tenant who is in breach of covenant (other than the covenant to pay rent) of the landlord�s intention to forfeit the lease. The notice must specify the breach complained of and if the breach is remediable, require the tenant to remedy it; and in any case require the tenant to monetarily compensate the landlord".
Knowing the lease provisions may give you a more legal structure on which to approach the Landlord and give you potential recourse to take legal action. This can be lengthy and costly though and not an easy thing to do when you live in such close proximity to the troublemakers.
Make sure that all incidents are reported to the appropriate authorities, police, council etc... and keep copies of all correspondence and notes of action taken or not.
Send any letter by recorded delivery.
Some more info here about leases in general...
http://www.lease-advice.org/
References to the LVT is the Leasehold Valuation Tribunal, more info on them here...
http://www.rpts.gov.uk/about_us/lvt.htm
Make sure that all incidents are reported to the appropriate authorities, police, council etc... and keep copies of all correspondence and notes of action taken or not.
Send any letter by recorded delivery.
Some more info here about leases in general...
http://www.lease-advice.org/
References to the LVT is the Leasehold Valuation Tribunal, more info on them here...
http://www.rpts.gov.uk/about_us/lvt.htm
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