Notice Of Seeking Possession

[lisamellor]

hi all,

wish this could be a simple question but its not!!

my partner hit our neightbour over the head with a baseball bat and the neighbour came out with a sword and tried to chop his head off but ended up chopping his fingers off instead. this happened in june 2004

the reason that my partner went down in the first place is because i was 8 months pregnant and not had a decent nights sleep for months and had lost nearly 2 stone in weight due to the neightbour being a out of control party animal.

before the incident the neighbours and myself kept diary sheets for ages
with the council not really doing anything to help.


anyway it all went to court, and the neighbour got sentenced to 6 months.

he was released after about 4.

in jan this year i got a notice of seeking possession through the post so did the neighbour.

now the neighbour is tryin to intimidate my sister who is only 18 and she is so skinny and must be under 5 foot. the neighbour was slaggin her off in the street, and had his dog held (as if to say i'll let the dog on you!)

so i told her to phone the police, the police came and was really nice about it all saying that they knew the "neighbour" was a piece of skum but invading someones personal space isnt against the law and they couldnt arrest him for it.

now on the notice of seeking possession it says that if me or the neighbour gets into any trouble before jan 07, then they will take the house of us.

does any one have any advice on what to do, to get this neighbour off our street??

i will be ringing the council to tell them what happened to my sister but doubt they will do anything about it.

also the local councilors in the area arent much help either.

can anyone advise me here??

[comanche]

Was your partner arrested, charged or convicted of any offence in relation to the original incident?

[lisamellor]

no, he wasnt charged or arrested. the neighbour wanted him to be arrested, but the C.I.D didnt.

[Nightmare4banks]

Hi all!

lisamellor,I would suggest you do the following:

1.Purchase or borrow a cctv system.Avery basic one costs less than £100 which can be plugged into the video recorder so that you can record secretly the antics of the neighbours.The cctv footage plus a sworn statement in front of a police officer should make the evidence admissable in court should the need.

2.If things take a turn a turn for the worse contact the police with the evidence.

3.Your partner needs to be careful as he could potentially get imprisoned if he assaults your neighbour again.

4.Do not forgot if you have suffered years of abuse with "NEIGHBOURS FROM HELL" you should be able to get redress through the courts due to the council's "negilgence" in dealing with your situation.

5.Personally,I would threaten to take the council - Environmental Health - Noise Pollution Dept to the European Court of Human Rights because the council have a duty towards you to deal with the matter properly and to see to remedy the situation.Although,you do not have to do this but it should wake the council up to do something about the noise.As this is what seems to the main problem that your having with your neighbour.I have personally done this with success together with another neighbour against noise emitting from a factory for 9 years and it worked.

Anyway,I hope you find this advice/information useful.

If you have any questions,just ask.

Keep us posted.

All the best!

[lisamellor]

cheers for that,

when everything had happened with the neighbour and my partner the council asked us to go in and give statements, (they said that the statements could be used to help get the neighbour evicted from his house). so we went in and give the statements (which turned out to be helping the coucil to put a NSP on us also). the local area housing manager also said that "the touble with the neighbours is not that bad" to my reply "so you'd put your kids in the same situation as me then!". to that he said nothing but "there are worse situations that yours".

after thinking things through over the last few days i think that it is best to move house and buy our own. we were planning to buy this house that we are in now, but if we do, we would have to stay in the house for 5 years after doing so, and i really cant see me walking down my street in another 5 years!!

its a shame really as we have done so much work in the house, at our own expence as the council people do shoddy work.

thanks for all the help.

[pmhread]

LOL... I love this site!!!

[lisamellor]

villaburd.... to answer your question..

by partner beat the neighbour (well hit hit lightly once!!) over the head as i had lost my baby due to the stress of the neighbours.... they are drug addicts and never sleep,( due to their partying with around 15 people in their house and garden everynight from around 7pm till about 5am. also they loved to play football when the party was over, with banging hardcore music all night) i was managing to get around 1 hour sleep a night, then had to catch up during the day when i could, which wasnt much as i had a 10 year old child. i had to give up work pratically from the moment i caught pregnant again, as the stress levels were so high, i had to have daily midwife care due to the severety of my stress levels and my blood pressure being so high, also i lost loads of weight that i could not go out for a walk due to the lack of energy. so yes i understand someone wondering why someone would go and hit someone on the head with a baseball bat, but believe me this was happening for over 2 years, so before any one judges me or mine, i hope that you will never be in the same position as me.

[watccoe75]

Originally Posted by lisamellor

now the neighbour is tryin to intimidate my sister who is only 18 and she is so skinny and must be under 5 foot. the neighbour was slaggin her off in the street, and had his dog held (as if to say i'll let the dog on you!)

so i told her to phone the police, the police came and was really nice about it all saying that they knew the "neighbour" was a piece of skum but invading someones personal space isnt against the law and they couldnt arrest him for it.

??

Obviously they're not aware that harrassment and threatening behaviour are criminal offences :-s

[susie-que]

Errr.................
I would have moved my family out of that place - not settled/nested there.
Whatever the £cost.
What price peace of mind?

[watccoe75]

Originally Posted by susie-que

Errr.................
I would have moved my family out of that place - not settled/nested there.
Whatever the £cost.
What price peace of mind?

Maybe you missed the bit where the OP said they had to give up work due to their pregnancy? Not everyone can afford to move 'whatever the cost'

[Rich44]

--

[lisamellor]

susie q ..... point taken on board... believe me i would have loved to have done that and was looking into it,but the council wouldnt rehouse me, so it would have to be private rent. i dont like the idea of private rent simply because of all the horror stories about dodgy landlords not fixing problems in the house. and the tenancies are usually short periods of time, i want to stay in a house and have my kids grow up not be moving every couple of years, also i have lived in council property and for 12 years and i will get a 40%discount off the price of the house when i want to buy it. so i think that it is a oppotunity to get my self on the housing market without paying ridiculous prices that are around at the moment!!

anyway on a more POSITIVE note, the one of the neighbours have MOVED OUT .YEA!!!!

and all has been quiet on the street for the last week.

lisaxx

[Rich44]

Exactly no home security technically you can be thrown out after your initital 6 months are up, no pets, a lot now say no smokers (we dont smoke but), many round here have advertisied "No children" (shouldnt be legal that one!), many dodgy landlords out there leaving you with potentially lethal boilers, the list just goes on.

At least with the council you know where you stand they might be a pain but they wont throw you out with 2 months notice, they dont care if you have children, smoke or have pets (within reason) perhaps if the laws were tightened up on landlords discriminating then things would be a little different but as things stand theyre pants!

Glad to hear your good news about them moving out one of our problem neighbours has just moved too and I know what a relief it can be

[Joa]

Lisa; you need to seek advice on presenting yourselves as homeless to the council.
Homelessness means not having a home. Even if you have a roof over your head you can still be homeless. This is because you may not have any rights to stay where you live or your home might be unsuitable for you.

The law (Homelessness Act 2002) says: Persons claiming to be homeless who are at risk of violence

(1) In section 177 of the 1996 Act (cases when it is reasonable to continue to occupy accommodation)-

(a) in subsection (1), after "domestic violence" there is inserted "or other violence"; and
(b) for the words following paragraph (b) of subsection (1) there is substituted-
"(1A) For this purpose "violence" means-

(a) violence from another person; or
(b) threats of violence from another person which are likely to be carried out;

(Homelessness Act 2002)

and

Housing Act 1996

Use the law. Do not get fobbed off. Pack a suitcase, take a child and present yourself as homeless in your council office. Be prepared to spend a whole day and state that you will sleep on the streets with your child if they won't house you. State that the house you are in is no longer REASONABLE TO OCCUPY.
Of course this is a very drastic tactic for drastic times. This is because the council will house you in temporary accommodation to start with. That's why you need to see you local CAB or welfare right people to find out local practices.
Keep us posted.

[Rich44]

Just to add to the excellent advice above, if they offer you temp accomodation take it even if you could go live with relatives/friends.

the reason for this is if you go live with relatives as you are related (or friends) then you wont score any points for shared facilities etc, if you are in b+b then you get something like 200 points straight off and quite a few more for various other things like only having one room etc, it can make the difference between geting somewhere in weeks and getting somewhere after more than 12 months


Good luck