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  1. Hello, My brother-in-law received a lengthy report, from assesors acting for insurers, staing that his trees in the back garden had caused subsidence to his neighbour extention. A complete nonsense as the trees are tiny. My brother in law commisioned his own report which stated that the complaint was utter rubbish - mentioning poor quality build of the extension = basically the claim was frivillous and vexatious. The assesors have now written back stating: I have been advised that, as the level of damage occurring to our insured property is slight, and, taking into account the lack of evidence to support the OCA Report recommendations, at this present time your vegetation removal is no longer required. However, you are placed On Notice of future risk. This means that although your vegetation is no longer requested for removal it has been implicated and therefore must be considered as a future risk. Whilst you have advised you will not be mitigating at this present time you may give consideration to taking some action in the future to prevent any further possible damage occurring to our insured property by your vegetation. My file on this matter is now closed and I thank you for your time in dealing. Tree Mitigation Specialist Oriel Services Limited Oakleigh House, 14-16 Park Place, Cardiff, CF10 3DQ, GB My brother-in-law clearly doesn't want the threat hanging over him, having to mention this to his own future insurers, but is not sure how he should respond to counter this - any ideas please? Perhaps respond that his neighbours are also on notice of their vexatious complaint, or something.. basically put up or shut up. Regards John
  2. My mum lives on the first floor of a three storey building and is almost 80. The housing association she rents from have moved in a single mother with a child above her and she is going through hell with the noise and it's making her ill. The woman has had people coming in doing DIY at all hours - 7:45pm tonight - and her children are often up at 6am, and sometimes earlier, which wakes my mum (and sister, who lives with her) up and they are unable to get back to sleep due to the noise. They're often also running around late at night as well so mum has to wait until almost 10pm and later before she can go to bed. She's tried writing a very reasonable letter to the occupant upstairs about the noise but this has been ignored. I know that when children move in, everyone around them automatically loses their right to a reasonable quality of life because of this, but does my mum have any recourse ? Most nuisance neighbour policies i've looked in to, as well as the housing association's anti-social behaviour policy, all basically exempt children from any action being taken which I think is grossly unfair because at almost 80, my mum simply can't "just move". And she's lived there for nearly 20 years as well, so why should she give up her home because of some inconsiderate above her ? She'd be willing to go to mediation with the woman, but since the woman has ignored her letter, is there any other way to get this to happen ? Apologies if this is a bit of a mess of a post but i'm just getting quite concerned about my mum's health overall. Thanks in advance for any ideas.
  3. Hi I have posted about this before https://www.consumeractiongroup.co.uk/forum/showthread.php?488538-Misled-by-our-landlord-about-construction-noise-pollution-is-becoming-unbearable&p=5134398#post5134398 and now the situation has become even worse and we desperately need some advice. We moved in to a rented property at Christmas last year and soon after a builder came to the house to tell us he'd bough a patch of the neighbours land to build a house! He told us the landlord knew about it and it was why he had moved out of the property. There was a planing process which the landlord knew about and apparently he had arguments with the builder about it, at one point he said he would try and get an injunction to stop the works. After enduring construction works literally in our garden all summer, our enjoyment of our garden has been ruined, we've had to put up with the noise, the dust and the constant lack of privacy. NOW to make it worse, our adjoining neighbour has started renovating their house, so we are now woken up every morning to drilling walls. The whole house shakes and we are woken up in a stressed anxious state every day. We work from home and it's now impossible with the horrific noise. They're renovating their basement and bathroom which won't be a quick job. Im not exaggerating when I say this is ruining our lives. I don't sleep very well anyway so being woken up to this noise from one side or another every day for three months has made me a nervous wreck! The landlord knew about both plans and let the house to us deceitfully. Is there anything we can do? Ive checked about the noise and as someone has already said on a separate thread, they aren't breaking any laws so theres not really much we can do. We took out a 12 month lease and three months of those have been unbearable. We pay a fortune to live here and it's been totally ruined. Any advice would be appreciated! I was already told by a solicitor that whilst it's morally wrong that the landlord didn't tell us about the building works, there's not much we could do legally, however now the other neighbour has started works too, I'm wondering if we have more of a case for damages. Ive taken video and photographic evidence of the noise levels, dust and now the drilling from next door Thanks
  4. Hi All, Need some advice on behalf of my partners Dad. There was a gas explosion recently in Blackpool and the street that he lived on story here - http://www.bbc.co.uk/news/uk-england-lancashire-41374322 19 - X's House 21 - House that explosion originated from 23 - Partner's Dad's house Some bullet points outlining what has happened so far; Explosion occurred Damage assessed 21 is found to be un-safe and needs pulling down 19,21 and 23 have scaffolding erected Cause is found (21mm pipe from house owners side of the meter was connected to a 15mm pipe with a connector and over the years this came lose to the point where gas was escaping, electric kettle then ignited it) 21 is then pulled down The damage to 19; Dividing wall damaged The rear half of the property collapsed Front brick work has been pushed out in certain places Council have decided the structure may now be to unsafe to save Damage to 23; Dividing wall damaged Crack in wall from lower floor to the 1st floor Windows and frames have been pushed back into the property Chimney collapsed Some windows smashed Back Garden wall has collapsed The council have come in and removed the remains of 21 and are going to be double bricking the wall of 23 and it will be the new outer wall, they have also sorted all the scaffolding, security, clear up and other parts of the whole operation. 19 and 21 both had private renters, 19 was just tenants and 21 was tenants and owners living there. 19 and 23 didn't have any form of insurance but 21 did. Council has gone to 21's insurance with the bill and they have rejected it saying that they will only pay for work done on their customer (21) as he hasn't admitted liability nor been negligible, this means that the bill for repair work to 19 and 23 could go to their respective owners to either pay or have put on their property with interest of 8% per year. We just need to know if this is the case I would have thought the repair for all 3 buildings would be covered by 21, like car insurance X crashes into Y and X's insurance pays for X and Y's car etc. I would assume if 21 has been renting out rooms in his ex guest house he would need to have gas safety and boiler certificates every year to prove the lodgings where safe and these haven't been done and therefor this would be considered negligible. I guess what I am asking is how can we get this sorted and what sort of legal action we can take to get this repair work covered by either 21 or their insurance. Sorry for the long post but if there is more information needed that I have missed just ask and I will do my best to provide it. Thanks in advance
  5. We had some new neighbours move in about 3 months ago. At least 3 times per week they're banging, drilling, etc with power tools. They are fair to start and stop within working hours except once (so far) when the neighbour's Dad was making a fence in the back garden on a Sunday. I asked them to keep the noise down, they looked at me like a wan?@r and said "It's finished now anyway". They have parties once a fortnight where they have friends around for a drink and loud talking in the back garden until 11pm when they go indoors. To be fair it's not like I hear much when I'm in my lounge but when I go into the kitchen the noise is disturbing. I am often awoken around 1am after these parties by them slamming doors. I've complained to them a total of three times, that one time to the neighbour's Dad on a Sunday, and twice to the neighbour. Each time I've felt like I'm the bad guy, I guess after all they are working on their house and the parties could be a lot worse. Yesterday the neighbour's Dad came round and told me they'll be having a party that night and tonight (Friday night and Saturday night) and that it would end at 11pm. I thought fair enough until he said he'd told me this because he "Wont have my daughter intimidated". Intimidated? "By you going around complaining about the noise". I said "There are laws about noise". Funny enough, the 2 times I've knocked and complained it's been the neighbour's chap come to the door, not her. I think I have been fair, it's not like I went around there shouting about it, the times I've complained I've kept it pretty laid back so I don't see any intimidation, on my part at least. So now I'm thinking maybe the Dad thinks he's the hard man and he's basically telling me not to complain about the noise. Who's the d?ck here? Me for being a Victor Meldrew??
  6. Judge has said to expect PRISON pmsl http://www.dailymail.co.uk/news/article-4274430/1-million-home-owner-jabs-electrician-walking-stick.html oh how the mighty fall:whoo::whoo::whoo::lalala::lalala:
  7. I don't know if this is the correct place to post. I have a linked detached house and it isn't in the best of repair. We had very high winds last week and some of the concrete pointing fell out (the wood on the fascias has rotted) onto my neighbours drive, luckily her car wasn't there but she has said if her car had have been damaged she would sue me. Can she do that? I haven't the money for new fascia but have had a roofer round to make it safe. I just wanted to know for future reference. Also my fence was blown down nearly so it is leaning but not blown over. She has told me I need to get it fixed immediately as she cannot weed her garden . Again does anyone know where I stand legally. Thanks for any help you can give me.
  8. Hi, Some advice please. I live in a small cul de sac where we each have 2 parking spaces and also two visitors spaces which are jointly owned by all of us. One of the visitors spaces is at the far end next to a neighbours garden and the neighbours there have always used it as their own private space. They are aware it is a visitors space (because they have told me they are aware) and the deeds state this. No one has ever complained as we like them and didn't want to cause any problems. Also, most of the residents are tenants so unaware of the fact it is a visitors space, it is only those of us who own the properties who are aware. Now though, they have decided to make vehicular access to their garden across this visitors space and put vehicle gates in across the far end of it. They have not asked anyone if they agree. If they then park in their garden, and someone parks in the visitor space they will be blocked in which is tough luck. but, really, no-one will park there as by putting gates in they are inferring it is their private driveway. If the space needs maintenance then I am as responsible as they are even though I cant ever use it. When I asked what they would do if someone blocked them in they just said that no one has ever parked there before (probably because they couldn't) I cant put a bollard up as they own the same amount of the visitors space as I do. I am concerned long term they they are taking ownership of shared property which could de-value property. Any thoughts or suggestions please? Im annoyed as they are the ones in the wrong and yet I feel awkward about addressing it!
  9. Its gone 3am in the morning and all I am hearing is banging from up stairs, a telly seems to be on, well it could be a computer console game, a load of running around, a child in the background. Its just too much. Help..
  10. We have a 6 ft metal fence around the car park with a pin code lock on the gate. This car park is solely used for staff. Few months ago our neighbors started building flats/apartment next to our property. Somehow the builders has got hold of our pin code. We told them they are not allowed to use the car park. After several months of using it and leaving trash inside the car park, we have had enough. They were dragging heavy equipment through our roof and trespassing the car park without any consent. We changed the pin code last week and yesterday they broke down the fence. I've contacted the police and they said unless we have caught them in the act or have any evidence to prove that they were the one that broke in, then they can't do anything. What should I do? We tried speaking with the neighbors but they are just the tenants and are unable to pass the landlord contact details to us. I'm thinking of installing a CCTV and then perhaps hire some sort of private parking company to enforce it? I will also try and get photos of them inside the car park. But when we last confronted them about trespassing the property, they laughed and ask what are we going to do about it. They seem to be Eastern European and have very broken English. They said they will get their boss to come over and discuss it with us but he never turned up.
  11. Hi everyone I'm having a battle with my meat company and am not getting anywhere. They are refusing to accept responsibility and won't refund me for the cost of the ruined meat and are holding on to my credit balance when I cancelled the account one month ago and whilst I am convinced I am in the right I don't know that I am. What happened was that during the summer the courier left my meat order with neighbours that I am not very friendly with and on that occasion they signed for the meat and promptly went out for the rest of the day. After that I asked the meat company to please ensure my meat was never left with those particular neighbours. In addition the company ask for a safe place to be designated. I have a wonderfully safe place in my rear garden shed, which is completely hidden from the street, and the company claim to honour your chosen 'safe place' but all of this year FedEx have only once bothered to go to my garden shed and have persisted in leaving it with those neighbours. I started only booking in a delivery when I knew I could wait at home all day but last month my work was postponed by a week and I was left with no choice than to not be at home. On this day FedEx delivered my predominantly fish and chicken order to those blacklisted neighbours and then FedEx did not leave me a delivery note to tell me that is where it was. I emailed the company at 7pm to say I had not had the expected delivery and the next morning I had to call the office again as they had not responded. They then told me that the meat had been left with those blacklisted neighbours and as I was working an hour away from home I could not go to the neighbours until the evening when I got home - which was 7pm again. I went to the neighbours house and they had kept my meat in the living room for some 30 hours and the room was like a furnace it was so hot. All the meat had defrosted. £91 worth. The neighbours knew it was meat but clearly didn't feel any responsibility for it even though they had signed for it. Ultimately I hold the meat company responsible because they knew I did not want my meat being left at that house. They are saying that they can't be responsible for their courier, they say that on their website. But I think its unlawful because I provided a safe place with excellent instructions (and they also say on their website that they will leave it at any safe place of my choosing and so being out need never be a problem!) which they ignored. I specifically requested that my meat never be left with these particular neighbours because of previous problems and they told me on the phone that they understood this but have done nothing to stop it happening again. I have told them I was not left a note and FedEx is saying they did! I have been sending them regular emails over the month and last week I wrote to them to tell them that if it was not resolved, and me fully refunded by 1 January 2016 they I would complain to the Consumer Ombudsman. Even if they don't want to refund me the meat, surely they should have returned the £90 that I was in credit by in my account before I closed it? Please can anyone advise if the Ombudsman is the way to go and if I should feel entitled to a full refund? Thank you
  12. I think my landlord or someone else may have entered my property without my permission and this has made me feel very uncomfortable. Obviously at this present time it's just a suspicion. I think this because I have a coin meter for my electric, it doesn't seem to read the amount of coins entered well but it says not to exceed 80 coins. I have been in this property over 7 months and at a guess I have probably put in 150-200 coins and it doesn't sound anywhere near full, leading me to think someone might have let themselves in without my permission to empty it and I don't know how many times they have done this if it is the case. I have emailed my Landlord to ask what the procedure is with the meter and that it's never been emptied since I have been here (to my knowledge) It will be interesting to see his response. What also concerned me a little was on Monday I heard 2 people talking and they were knocking on the door of the flat that's right next to me and the lady wasn't in, they let themselves in, after that they knocked on my door and I said just a minute as I had just got out of the shower and they said oh sorry wrong door, I found this very odd too. If people acting on behalf of the Landlord or my Landlord have been in here without my prior consent and without giving the required 24 hours notice, I feel it would make it untenable for me to stay here as not only is it a breach of tenancy but I would feel it's a breach of trust and a lack of respect, nevermind not obeying the rules of the tenancy. Thanks for reading.
  13. we are having an extension built and a fork lift truck driver had no choice but to access our property by first going on our neighbours driveway. whilst doing this his back wheel caught their manhole cover (which was loose/slightly damaged to begin with) and it lifted slightly. when the neighbour reversed out of the driveway a few hours later, the manhole cover fell down the manhole and left a big hole at the top of the drive with about a 20ft drop. our neighbour and ourselves are now blaming the fork lift truck driver but they are not accepting responsibility as they said the cover was loose before they went on it and can see by google earth images that it wasn't in perfect condtion. who is liable for this?
  14. Hi, I'm just hoping for a bit of advice. I live on a small unadopted lane, which has houses at both sides and a rectangle of common land in the middle with room for a few parked cars and to turn your car around (it isn't a through road). Recently one of our neighbours decided to 'extend' their drive onto the common land (not sure why), which wasn't really a problem even though I don't think they have the right to do this, but they've now taken to placing rocks across the entrance to this drive, making even harder for us to turn our cars around. I'm fuming, but I'm loathe to say something, but I'm sure this must be illegal? If someone damaged their car whilst trying to turn it round, would our neighbours be liable as they're the ones who have placed the obstruction there? I know there is a lot to be said for looking where you are going, fortunately I know they're there, but the lane is very dark at night as there's only a couple of street lights. Being an unadopted road means I can't really involve the council. Any advice much appreciated Thanks
  15. Hello. We live in social housing and our next door neighbour has about six aerials in his garden for his CB hobby. Recently we have been getting some real problems with our freeview, can't watch any channel at all at certain times of the day, and we have just noticed that he has put up another aerial. The housing authority don't seem to care that his garden looks like a relay station. Is there any way to find out if it is his equipment that is effecting our signal? Bearing in mind that he is not very approachable.
  16. Hello,, hope for some advice!., My 10yr old Grandson accidently opened their car door on the shared driveway catching the Neighbours car bodywork, causing a small dent. My daughter reported this incident to her Neighbour & offered to get the damage repaired at her cost., The Neighbour insisted on using her own Bodywork Garage & produced an inflated quote., My Son-in-law works in the motor trade & can get the damage repaired for a lot less money., but the Neighbour insists on her choice of repairer. How does my daughter stand in the eyes of the Law? is she obliged to use the Neighbours repairer? Thank you in anticipation.. SHI-TZU.
  17. Hi, just after a bit of advice. My house is up a lane about 50m from the road and until recently there has been no land to park outside the house. My neighbour has bought some land of the house in front and converted into a parking area solely to be used by them even though they have room for two cars beside their house. They have put up a sign saying parking for no1 only, (there is only two houses) what I want to know is what could they do if I parked on the land apart from ask me to move the car? And what could they do if I refused as it doesn't seem a very nice neighbourly thing to do. I haven't move in yet so iam hoping they will allow me to park but I think they had issues with the previous owners and that's why they are being a bit obstructive. Thanks for any advice any one can give.
  18. Dear Neighbour I don't really know you, but I'd like to ask you a favour. Please turn your music down, or, if you feel you need to listen to really loud music (who doesn't sometimes), then please use some headphones - I'll happily buy you some if finances are an issue. Because, you see, all I can hear is a continuous loud thump-thump noise at varying speeds. I can put up with it for a little while every now and then, or the occasional night if you're throwing a party (no I don't need an invite, just a note of warning through the door with a 'promise to end by' time), but it's been more than five hours now, with no signs of stopping. Every now and then there is a pause in the thumping, and I become hopeful, but then it starts again and I realise it was just changing tracks. I dread to think how loud the music must be in your flat for it to still be loud through several walls and a lobby. I may now feel the need to resort to playing chop suey very loud to drown you out, and am considering moving on to some slip knot if you continue to trespass on my peace and quiet.
  19. There is land behind my rear garden which is owned private by a company whose details I do not have and can't find. Yesterday a tree on that land has fallen over my rear garden fence - causing considerable damage. I've never made an insurance claim before - do i tell the insurer: 1. The tree was on land owned by a company and that company should pay for all damage? 2. Should I goalso go to a solicitor and ask them to find out the details of the landowner and send them a letter to ask them to pay for the repair (tree is on private land behind my rear garden fence) Attached pic of the damage [ATTACH=CONFIG]48057[/ATTACH] You can just about make out the land behind my rear garden fence and you can see the tree thats fallen over. Please help asap as i'm concerned that people will enter my rear garden that use the wasteland
  20. Hi, I'm not sure if anyone can help, but here goes. My bf owns a ground floor flat in a block of HA maisonettes. When he first bought it about 5 years ago all was well, however for the past 4 years it's been a nightmare. The tenant across the hall sleeps all day (fair enough) but has music blaring from about 10pm until about 5/6 in the morning. We also believe he is dealing drugs from the flat (though have no proof). And there are people coming and going, slamming doors all times of day and night. BF spoke to him at first, as did the 90 year old tenant upstairs. When that didn't work he contacted the Housing Authority, who have told him that they have spoken to him and have at this time given him FOUR FINAL WARNINGS!!! With no improvement. He could have coped with that, but just over a year ago the 90 year old was moved from the flat above BF to opposite as they were renovating all flats. As you can imagine at 90 he had no desire to move again. Since then the HA have moved a succession of teenagers into the flat above. And yes I realise it's their flat and they have the right to choose their tenants and obviously the kids do need somewhere to go. The previous tenant would play loud music occasionally but not for the length of time as the tenant opposite so BF didn't complain. About 8 months ago new tenants moved in, boy and girl about 18 ish. From the start there's been terrible unexplained noises ( which after seeing girl out in roller boots we now know what it is!) Throwing contents of ashtray over balcony onto shared grounds. Stomping etc. He hasn't bothered complaining about this because of the lack of action with the tenant opposite. After a sleepless night this week with approx 6 hours of extremely loud music (funnily it's never at the weekend) screaming, shouting etc he had enough and complained. HA were worse than useless and said they'd see what they can do. As a result BF has been forced to sell property as he can't take any more stress. I realise that he is legally (and morally) obliged to notify any prospective buyers especially as there have been official complaints, would he be entitled to any compensation from the HA who are woefully inadequate from any loss in value as a result of nuisance? Also, any help with advice on getting HA to do there job properly would be gratefully received. Sorry it's such a long-winded post, I hope someone can help.
  21. Hope that someone can help, this is a bit of a long shot and bizarre story but here goes..... My parents live in their owned (no mortgage) private property which is a semi detached. They're in their early 70's and my grandmother who requires full time care (early 90's) also lives there. My father still works full time. The adjoining property is let out to tenants through a private (multi national) estate agency. Mum and dad have never had any hassles at all with previous tenants and they live in a quiet cul-de-sac on a family estate. Anyway, a new tenant moved in around Christmas on a 6 month contract. There have been no problems up until the last few months. We know for a fact that the tenancy is just in her name and the estate agents have confirmed that there should only be her living there. Over the past few months, things have been gradually getting worse and worse. The tenants boyfriend is a firefighter in Glasgow (my parents live in Greater Manchester) and he works 4 days on and 4 days off. During his 4 days off, he stays in the property with his girlfriend (the tenant). They've had parties, BBQ's and gatherings and there has been evidence after these gatherings of drug taking etc (wraps and foil etc left on the driveway and in the garden). When the boyfriend stays, they have very loud, extremely noisy sex with the windows open and this goes on for 2 or 3 hours during the middle of the night. Having read up about it, I'm informed that cocaine and the like enhances sexual drive which is why they are at it for so long! A neighbour from over the road has verbally told them to be quiet (she has 2 young children) on several occasions but to no avail. The boyfriend will just shout obsenities and go back into the house. The neighbour then verbally complained to the estate agent about the noise. This is when the big problems started. The tenant incorrectly presumed that it was my parents (specifically my mother) who has complained and they've made my parents life hell since this. They have recorded my mother talking to my grandmother, they have recorded my father snoring and they have also recorded my mothers cat meowing and play this back very loudly at ridiculous times such as 2 and 3am in the morning. They are also concerned that they have had their telephone (land line) tapped. The reason behind this is because my mother was on the phone to the doctor about my grandmother the other day and the tenant then played a partial recording of the phone conversation to the gardener! My mother heard this going on as she was in her garden hanging out the washing. The gardener then said to the tenant 'you shouldn't be doing this' and apparently she just laughed. They also had a party at the weekend and played recordings of my mothers cat meowing over and over again to their 'friends' of which they all though it was extremely funny. This has been going on for sometime, my mother is not sleeping and it's now making her ill. She is extremely frightened of any repercussions as the boyfriend is very verbally abusive. I took my mother to her GP who has prescribed beta blockers to help calm her nerves. We also went to the police, however according to them, no offence has been committed so they can't do anything. They advised us to contact the council to see if we could get an ASBO against them, unfortunately we can't. Mum has just been told to keep a diary and report it to envirnomental health and they will then look into this. As mum is so frightened of this scottish boyfriend, she did not report it to the estate agency for fear of giving her name. Anyway, she has now reported it in writing anonymously and not given a name and address. I've tried to convince her to give her details but she's living in fear. Can anyone help or give me any ideas on what to do next. Police can't help, council can't help, environmental health may get involved eventually and mum is too scared to give her name to the estate agents (although they do have a complaint in writing now). Mum's spoken to other neighbours and they all agree that this tenant is a nightmare and they want her off the street. The tenant has some sort of recording equipment in her back bedroom because if you go into mums garden you can see extra wires and hear a buzz of some sort of recording equipment. The estate agents did do an inspection earlier on in the week and have confirmed that there is only her living there. They also said that if someone else was living there, it would be a breach of contract. We know for a fact that the boyfriend stays there 4 times a week. My partner has managed to find this out anonymously as he also works for another estate agency and has been advised of this by an employee. I wuld be grateful for any advice. This is making my mum ill and my parents life a misery. Mum is my grandmothers main carer and cannot leave her and should not have to live like this.
  22. Hi everyone , Im looking to buy a Neighbours parking space, We have agreed on a price and was looking for some advice on how to set the ball rolling and get some advice, It is a new build property and he has a split mortgage with the bank and the wimpy homes so who do i need to speak to and is it possible ? Thank you
  23. Hi, I would welcome any advice regarding noisy neighbours. A brief story: I moved into my ground floor flat a couple of years ago through a housing association. I was quite happy until the neighbours children above me ( a two bedroom flat) started making a racket. Banging doors, running, jumping about, dropping heavy things on the floor, screaming and shouting etc. I complained to my neighbours at first and then the landlord. Anyway too cut a long story short they got moved because they were overcrowded - two adults and three young children. Now I have new neighbours - two adults and a young child. Then I find I am being awoken at 5.30 in the morning by their child (about 6 or 7) STOMPING across the floor! The first couple of months I have lived with it. But just recently it has finally got to me and I paid my neighbour upstairs a visit. Admittedly I was a bit angry but I explained to them that I wasn't too happy about being awoken at 5.30 AM. He sort of apologised and explained that his child has Autism! Anyway, since then I have had an email from my landlord that is as follows: Dear *** "I understand that you knocked on the door of your neighbours recently to complain about their family noise. Your actions appeared threatening and frightened the female tenant and her daughter who has special needs. If you have further cause for complaint please do not contact them directly but contact Greenfields instead. I do have to remind you though that there is nothing we could do about family noise so discussing this in a polite manner would have been the best way forward in the first instance. Should you have cause to complain in the future about family noise I will suggest mediation as the best way forward so you can come to a mutual agreement with mediators present." I have replied with my own email as follows: Dear *** yes I did knock on the door regarding noise from their child STOMPING across the floor at 5.30 in the morning which I wasn't too happy about and for your records I was not threatening. Can you please elaborate how I was supposed to have 'threatened' them? I was annoyed, yes, but at no point did I threaten them! Since they have now escalated my own complaint into a complaint of their own. I wish to make a counter complaint against their allegations. May I remind you that under the tenancy contract I signed: Under part C, section 1: You are responsible for keeping to the terms of this Tenancy Agreement. You are also responsible for the conduct and behaviour of the members of your household and visitors to your home, including pets and young children. and also section 7: Everyone has the right to quiet enjoyment of their home without suffering nuisance and disturbance from others. You, your household and visitors should respect other people who live in your neighbourhood. Your responsibilities for your own behaviour, members of your household, pets and visitors are not only confined to your home, our staff, contractors and agents... As this implies that the parents are responsible for their children's conduct YOU are infact in breach of the agreement that I signed. Any further complaints will now be directed towards Greenfields as requested. But I will now start making notes of the times and dates of any disturbances. Perhaps you should inform the tenants of that? Regards As you can see I have quoted my tenancy agreement which is a legally binding contract. At no point did I consider myself threatening and feel they are just trying to make it sound worse. Can somebody please inform me of my rights? Can I take my landlord to court for breach of contract? Best Phil
  24. I moved out of a property a month ago and I have been in discussion with my former agent about some damage in the back garden which was caused by my neighbours (there is communal access). I heard today that my landlord is attempting to charge me for this damage through the deposit - is that allowable? I have verbal confirmations from both neighbours as to what they did and could ask for written statements. The damage is evident from the inventory and he now wants to charge me £350 more than the deposit I paid. The agent is being as helpful as possible and it is likely it will go through the Deposit Protection Dispute Service but I am at a loss to know what else to do and whether it is even possible that he can do this. Thanks for any thoughts.
  25. There was a party at the flat above mine and as a matter of fact their floor went down and through my ceiling, creating a huge hole and setting me and my friends that were on my house in danger. My contract states that the landlord has to maintain the property in accordance with the Health and Safety Regulations at Work Act 1974 to ensure the safety of the tenant and the tenant's invited guests,visitors or the Tenants familly. Firebrigades came and used acrow props in my kitchen and sealed my kitchen as it was stated as "unsafe structure" and now I dont have access to my kitchen and living room. The estate agents told me that we will need to move to another house as this one needs to be repaired. My question is: Is there any refund for the loss of amenity, the inconvenience, and the danger that this incident caused to me and my friends that i can claim from the landlord? How do I need to proceed next? Thanks
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