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mrX
03-03-2006, 22:28 PM
*EDIT*

Thank you everyone for your help...

I have edited this post as the situation is starting to get very nasty...

Thank you all

davidjohnbutton
03-03-2006, 22:51 PM
I am afraid the landlord is not directly responsible for the conduct of his tenant(s) though obviously a decent landlord would do what he could to bring some pressure to bear on his tenant to behave.

You do not have the right to see the agreement/contract between this landlord and his tenants but in most contracts there is a clause that forbids doing anything that would disturb the neighbours.

Your recourse is through the police, perhaps by way of an ASBO, or though the enviornmental health department of your local authority, or you could take legal action yourself against the neighbour though I would only recommend this latter step if you have a tough skin and a very large amount of money to throw away!

Your other solution is to move!

justaboutsane
04-03-2006, 08:08 AM
DJB MOVE!!! ... omg thats kind of drastic!

We have had troublesome tenants ourselves and we have asked the neighbours to keep a log of all events they can and to contact the POlice and also the Environmental Health Department. Keep the logs as detailed as you can as this is highly unacceptable behaviour. If you can ask other neighbours to do the same and maybe you can present a case to the police who will then be able to get some sort of ASBO... or maybe even get them charged with a crime.

If the Landlord knows what he is doing he can issue the tenants with a section 21 and then enforce this at the end of the tenancy. If they are charged with any crime they can also be evicted via the section 8 route, but this is discretionary. All the evidence you gather will help the LL evict the tenant.

We had a case where the EHO was going to prsecute the tenant.. we wanted him gone for rent arrears etc so we worked together and the EHO provided a letter for the Judge to see along with all our evidence of non payment of rent. We also included the neighbours log of events. THe result was the tenant did not turn up to the hearing and we got an eviction with in 7 days!!!

I wish you all the best..

catcuddler
04-03-2006, 09:28 AM
Mr X, I have sent you a private message and will summarize sometime this w/e as I am not brilliant in the mornings....

catcuddler
04-03-2006, 09:31 AM
Sorry - you a new to the site - private message link is top right hand side of screen - apologies to everyone else for this 2nd post. To those of you to whom this is relevant: keep your hair on, I am almost perfect, but not quite.

Ericthelobster
04-03-2006, 09:50 AM
Catcuddler, you could always have 'edited' your original message rather than post a separate one. Then you would have been 'perfect'!

Incidentally, why the PM anyway? Why not post your thoughts for MrX here so others can see them and comment too if appropriate? That's how these fora are supposed to work...

Worldlife
04-03-2006, 10:05 AM
@ catcuddler

One reason for not voting for an S & M Party:D

@Mr X

The situation is horrific.

Am I right in concluding that you may be a leaseholder in a block of flats?

Do you know if the flat concerned has been let to tenants by another leaseholder or by the freeholder or managing agent?

It seems that there might have been a degree of negligence by the person/s letting the property concerned in checking the references of the tenant. I'm wondering if such negligence could be actionable to recover damages for the distress and inconvenience you have been caused. Perhaps Paul f could advise.

I agree it is important to keep a precise log and detail of the nuisances that are being caused to you and the Police and Environmental Health Department should be notified and kept constantly updated.

Suggest you copy this information to the managing agent and freeholder and express concerns as to whether satisfactory references were obtained for these tenants and what action they intend to take to ensure that the conditions of the lease/freehold and any terms within individual tenancy agreements are complied with? ( I'm presuming there will be reasonable conditions within freehold, lease on these issues)

justaboutsane
04-03-2006, 10:07 AM
Mr X, I have sent you a private message and will summarize sometime this w/e as I am not brilliant in the mornings....


Excuse me if I am being naive... but whats the S&N Party and whats it got to do with this thread??

Maybe Catcuddler has some things he would rather not say on open forum!

My only concern would be the comment in the OP post about the "Big Black Man"... Sorry Race does not come in to this... Small White men beat women too....

Energise
04-03-2006, 11:01 AM
One reason for not voting for an S & M Party:D

You speak for yourself mate ;)

mrX
04-03-2006, 11:05 AM
My only concern would be the comment in the OP post about the "Big Black Man"... Sorry Race does not come in to this... Small White men beat women too....

Whoa there captain PC! I was just saying what I saw...

Thanks for the help everyone... I have been keeping a "Diary" of events since they moved in. I will be showing this to the landlord when I have my meeting with him. Oh and thanks catcuddler for the advice. I will definately be doing some of those things.

PaulF
04-03-2006, 11:40 AM
The local Environmental Health Officer has the power to serve Notice on BOTH tenant and landlord to effectively control the situation.

A landlord is expected to take steps to ensure the tenant behaves in a "tenant-like" manner, and if he doesn't then he must take steps to try and evict the tenant. If the police are attending regularly, then that would be quite a lot of evidence with any S.8 Notice. If I were the neighbour I would be calling the police every time there is a disturbance (and writing to the EHO) that affects them, the police will sone get tired of this and might do something themselves.

Ericthelobster
04-03-2006, 13:04 PM
Whoa there captain PC! I was just saying what I saw...So why the use of quote marks, capitalisation, and mention of the race of the individual? Why not use the word 'man'? Not being judgemental here, and I'm sympathetic to your plight, but justaboutsane is absolutely right in that if you start using phrases like 'big black man' in front of the courts or EHO, you will do yourself no favours at all.