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Can I petition against a Landlord for failure to act?


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Hi,

 

I'm dealing with this on behalf of my parents, who are currently subjected to continual noise from their next door neighbour, usually late into the night (3am is pretty average). They have had environmental health out with a meter, however on both occasions the tenant has been strangely quiet for the duration of its presence. We do know that she has relatives who work for the local council, so whether she is being "tipped off" is something we have to consider, although it is (hopefully) extremely unlikely, it does seem exceedingly coincidental.

 

They have contacted her landlord on a number of occasions, and were advised to do so by environmental health on EVERY occasion that she causes a disturbance at night. Each time he has repeatedly assured them he will do something about it, yet so far no action against her seems to have been taken, and she certainly hasn't taken heed of any advice he may have given her.

 

Can we petition the courts to force the landlord to take action, or should we be going after her directly, and if so how do we proceed in either case? We'd like to avoid legal action if possible, however would like to be fully acquainted with our legal rights, so that we can at least threaten to take action, should her behaviour continue.

 

Any help VERY gratefully received (and with all due respect, as quickly as anyone can please.. I'm concerned that it is going to affect my parents health, so naturally I am keen to start making phone calls as soon as possible, even if only to say to the landlord "look, this is the situation, this is your obligation, please do something about it or we will "insert advice kindly given on forum here"!)

 

Thanks very much :)

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  • 1 month later...

Hi there, this is my first post, but hopefully it might give you a few pointers.

 

I have suffered from an anti-social neighbour for the last 3-4 years. In the last 6 months things really deteriorated. I have been dealing with the landlord (Housing Association) over these years, doing the usual (diary logs, reporting to police etc...)

 

However, since being laid off work at beginning of year I'm at home much more. Neighbour has continued his asbo antics and to cut a long story short, virtually driven me insane.

 

I have found the housing association's treatment of my complaint totally inadequate and I feel that thru their negligence have allowed this issue to continue.

 

This week I wrote a strong letter to the Chief Exec., demanding his personal input to resolve this letter, requesting a response within 7 days and set up a meeting with the CAB. I intend to take whatever legal action required to address 'damages' caused including the breakdown of my marriage and the loss of my right to a residence affording peace and quiet.

 

This reply is not even the tip of the iceburg of problems i've had, but due a lack of action by the HA, this asbo neighbour had my life unbearable. :evil:

 

My advice : Don't give up. Hound the landlord to act -you'll probably get the same BS I had about 'asbo tenant has needs...; asbo tenant is social this or that...' etc. REMEMBER : you have rights too!! Keep as many records of noise/incidents as poss. If the need arises, report to police and get a ref/URN no. and do as much research as poss inc. library, this site and case histories such as these :

 

Sheffield Homes - South East Area

 

New House Closure Powers For Neighbours From Hell | Home Office

 

Asbo law will give power of eviction - Telegraph

 

I'll keep u posted with progress of my action

 

cowmilla

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