Neighbour Threatening to Sue Me.

[Oleanda]

I am the landlord of a house that I rent to a single mother with a teenage son. She is a decent hard-working woman, who has looked after the property and always paid her rent on time. She has lived there for nearly 4 years with no problems until about 4 months ago, when the next-door neighbours started complaining. It seems that the boy's father comes to visit on alternate weekends and makes a lot of noise, and encourages his son to also, or at least the neighbours think so. My tenant, her son, and the father all deny this, and none of the other neighbours have complained (granted they are all further away). Anyway these neighbours (next door) have been to see a solicitor and now say that if I don't evict my tenant, they will sue me. I have been to talk to everyone concerned and they are all sticking to their guns. Should I be worried?

[beastmonkey]

i'm not sure what he can sue you for? if he has a real problem with the noise, he would have to go through the correct channels via the police/council, and then get a court to approve an eviction.

i don't see what loss he has had, so why can he sue.

i wouldn't worry about it, annoying as it is. unless he can get evidence and get the authorities involved to confirm there is a noise issue (and as it is only on odd weekends, if indeed it is happening) there isn't a lot that will happen.

[bookbinder]

I must agree with beastmonkey. The neighbour cannot tell you flatly to evict your tenant. It's not up to him next door to tell you what to do. He will have to produce more evidence if he wants to get anywhere with this, and, from what you say, it's just his word against your tenant's. A visit to a solicitor may be your next move.

[carmalee]

I would ask the neighbours for concrete evidence before I did anything - just saying there is a load of noise is not evidence - they could just as well say she has a elephant and the rolling Stones performing in her garden - no evidence, no case.

[Canary42]

Have you any evidence that they have actually received such advice from a solicitor - sounds to me as though they're bluffing. I suggest you counter-bluff and say your solicitor recommends you suing them for harassment.

[johnk]

Ask him to provide evidence. Something must have happened but it's not your fault. Have you visited the house (stood outside) on the said weekends?

[Oleanda]

Thank you all for your reassuring answers. No, I haven't seen any evidence of any solicitor, except letters that the neighbour sends to the solicitor "copied" to me. Yes, johnk, I'm sure something must have happened to upset him, but I'm not sure what.

[LoftyLottie]

Agree with Canary. I can't see a solicitor giving advice to Sue, let alone evict your tenant, because of it of noise nuisance. They would have been advised to make a note of each time the noise happens and present the evidence to the Councils Environmental Health Department.

Personally, I would totally ignore them. I doubt whether they have been to a solicitor.

Stop worrying.

[lourules]

it would be nothing to do with the law but the local council. they will be referred and asked to keep a long standing diary of the noise and to record the noise if they can. an assessment by evironmental health will be carried out and if they deem no problems the case is closed so no they cant sue you or make you evict anyone. if they do try you sue them for harrasment!!!

[Davethedog]

I agree with Canary. It would be a problem for the council to deal with. Environmental health etc.

Have you got anything in writing? I think you could go to the police as this is threatening behaviour.

[LoftyLottie]

You could call their bluff and write to them saying your letter has been passed to a solicitor with instructions to sue them for harrassment and threatening behaviour.

[LoftyLottie]

Sorry Canary. I just realised you had said that too.

I'll go back to sleep!!

[Canary42]

Don't mention it Loftie, it's nice to be endorsed :)

[brenda]

Oleanda--- sorry to read of your problem. My advice would be to stand firm on this issue Try not to worry .the noise issue is between the neighbour , and your tenant -- if it exists and environmental health .Let him do the leg work not you.There are guidlines which need to be followed and it is up to him to prove that noise is an issue. Do not get into protracted correspondence or discussion with him . He may not even have been to see a solicitor, anyone can copy a letter.
I would make sure that your reliable tenant knows , that someone is gunning for them and urge them if need be to exercise caution .All the very best

[calicosrcool]

If I were you, I would spend the night at the next-door neighbor's house, without telling the mom and her family. That way you could catch them in the act and find out who's lying. If that doesn't work, try compromising.

[brenda]

Hi Oleanda------ have been thinking about your complainant for most of the morning --- just a thought.

If you were to lose your tenant , through the man who has complained , and subsequent tenants were also complained about , until it becomes an almost impossible to let property-------would you need to sell?
I do not want to know your financial details , in this hypothetical case, but could the man who has complained see this as a way to buy a house on the cheap as it were.
Do not trust him ,until, as has been said , you have real evidence from him .
People can be extremely devious at times. And the noise issue, if indeed there is one ,is between him and your tenant, and Environmental Health.
All the best.

[Oleanda]

Thankyou all for your answers, this was really worrying me, but I will take your advice and stop worrying about it, he can go chase himself. He is an oldish bloke and tried to make me feel guilty (succeeded for a while), saying it was making him and his wife ill. If he contacts me again I will tell him he has to sort it out himself.

[bushbaby_de]

Not to suggest that I think there is any basis to their complaints, but just wanted to point out that in the law of tort, landlords actually can be held liable for nuisance caused by their tenants if they haven't taken all reasonable steps to prevent it. They'd have to prove that its actually happened and caused them harm though, and would cost them a lot of money to pursue.