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False accusations and a problem with my landlord

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I received an email today, A rather abrupt email in my opinion from my landlord saying that my neighbour has said i have been playing loud music between 2am and 4am, This is totally incorrect and i have people who can prove this.

 

As far as i am concerned my landlord is out of order and instead of asking me about it she had a right go.

 

I have had a few problems with this neighbour next door, he's made snide remarks to me before for no reason despite me never causing him any trouble or saying anything to him, A friend of mine thinks this neighbour just has a problem with me and is probably trying to get me evicted or something.

 

To be honest after the email i got today and stuff i am fed up of living in my property but i wouldn't hand in my notice as i cannot afford to move and i wouldn't make myself intentionally homeless but i feel after this my relationship with my neighbour and landlord is going to become very strained so i'm not sure what to do? I won't have a landlord speaking to me in the manner she did and if i had really been playing music i'm sure the neighbour would have knocked on my door at some point and ask me to keep it down, However as i said above these accusations are incorrect.

 

This is not relevant to this matter but my landlord never protected my deposit and has never given me a gas safety certificate, I have been living in my property for 12 months and i have an assured shorthold tenancy.

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Anyone? Also, My landlord has been texting me, emailing me and today i've even got notes through the front door, Is this harrassment?

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This is the email i received from my Landlord yesterday:-

 

I sent you a text 3 days ago because the neighbours had mentioned that they could hear music coming from the flat at inappropriate times (namely between 2 and 4 in the morning). I have had no reply from your text and I therefore presume that you have changed your number and therefore not received this.

 

It is totally inappropriate to have music/noise disturbing the neighbours at any time after 11pm and no earlier really than 8-9am.

 

If you are not playing music but as I suspect are playing computer games, please turn the volume down between the times mentioned below or put earphones on.

 

Please reply to this e-mail confirming that you have received and understand its content. I do not want to receive another complaint about this.

 

 

Then, Earlier today my Landlord put a note through my door saying:-

 

I have tried to text and email you.

 

I have had complaints from a neighbour about noise and music between 2am and 4am.

 

Please do not make noise between 11pm and 8am.

 

Please reply to is note otherwise i will have to go through a more formal process.

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Surely someone can offer some advice, My landlord is harrassing me for a response but i'm not sure what to say in an email but i'm not going to be all nicey nicey about it.

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I would write a strong reply, vehemently denying the accusation. Personally I would leave it at that at this stage, while I think the landlord has handled it badly, it is a long way from harassment at the moment, IMHO.

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I would write a strong reply, vehemently denying the accusation. Personally I would leave it at that at this stage, while I think the landlord has handled it badly, it is a long way from harassment at the moment, IMHO.

 

Thanks, That is what i was going to do, I'm glad you agree that you think the Landlord has handled it badly and i shall be telling the Landlord that too, It has been handled very badly.

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This is a copy of the email i sent to my landlord today:-

 

 

 

Following your email and your note which you posted through my letterbox, My phone is off for repair at the moment so I never received your text, I didn't see your note that you posted through the door until this afternoon and i have just read your email.

 

Firstly, I vehemently deny these accusations, I have had my daughter with me most of the time and I have had step-children here a lot because of the summer holidays, Now even my teenage step-daughter has been here recently and the kids who have stayed here lately know that I have not played loud music at that time, I don't even stay up until 4am in the morning, Very rarely anyway.

 

As I only have one neighbour it is obvious who has made this complaint, To be honest I think the guy next door has had it in for me since the day I moved in, When people were dumping rubbish in my bin I was very unhappy about it and he said a few things to me and was acting as if all the land round the shop was his.

 

Also, He has made snide remarks to me in the past for no reason whatsoever, I've never even spoken to the guy, He made snide remarks to me once when I came out of the front door and one of my kids heard this too, When this happened my kids mum came round and I told her about it and she said sounds like he's got it in for you.

 

After those couple of things and after these allegations then that is going to strain relations between me and my neighbour as I really do not appreciate false allegations being made against me, I am already unhappy with the neighbour because of what I have said above.

 

I have lived here for basically 12 months now, If I was a noisy tenant I am sure a complaint would have been made a long time ago, Also why did the neighbour not knock on my door the night after these supposed allegations took place and tell me to keep the noise down?

 

Secondly, I don't think you have handled this well at all to be frankly honest, Instead of asking me about whether these allegations are true or false you have basically said i have done it and i did not like the way your email came across, To me it sounds like your saying "If I get another complaint you're out".

 

The same applies to the note that was posted through my letterbox today and the part where you said "Please let me know your new number so i can contact you, Otherwise I will have to go through a formal process".

 

I am furious and extremely annoyed not just because of the allegations but because of the email and notes I have received from you, This could put a serious strain on our relationship as I really do not think you have handled this very well at all.

 

Please communicate with me via email regarding this matter, I have nothing more to say regarding these allegations.

 

Thank you for your time.

 

 

To be honest i think i done well not to really lose my cool when sending that email as i am absolutely furious with what has happened over the last couple of days, If i don't want to see my landlord face to face i presume i can choose not to do so?

 

If my landlord wants to discuss it further i would prefer it to be via email as stated in the email i sent to the landlord.

 

If the landlord decides to evict me i gather i would have to be given 2 months notice?

Edited by looking4someadvice

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Yes provided you are on a statutory periodic tenancy, he would need to give you 2 months notice although it could take a lot longer than that for him to evict you!


I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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Yes provided you are on a statutory periodic tenancy, he would need to give you 2 months notice although it could take a lot longer than that for him to evict you!

 

Yes i have an Assured Shorthold Tenancy which ran until February 2010 and obviously it's now a periodic tenancy.

 

If the landlord knocks on my door or requests to see me face to face i presume i don't have to? I'm so furious about the situation that i no longer want to have to see the landlord.

 

Oh and when i moved in no inventory was done, my deposit has never been protected and i have never been given a Gas Safety Certificate.

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Oh dear, he could find himself in a bit of bother then couldn't he?

He's supposed to give you at least 24 hours notice before appearing on your doorstep and all correspondence should be in writing


I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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Deposit MUST be protected since 2007, so you should ask the 3 schemes if it is with them. Gas safety MUST be done before you move in and MUST be done within 12 months of the last one. If not the landlord is breaking the law and this in particular is dealt with VERY severely. For your own safety, contact Gas Safe and tell them it hasn't been checked. Your life could literelly depend on it.

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Just because he hasnt given you a gas safety certificate doesnt mean it doesnt exist, although if you've been there more than a year and you havent seen a gas engineer then its safe to assume there isnt one so definitely chase it up!

As wheelergeezer says your life is depending on it


I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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I received this reply from the landlord early this morning:-

 

 

The reason the e-mail and note came across as they did was because I basically had no response from you at all.

 

Firstly the text, which I appreciate you might not have received.

 

Secondly, when you did not reply to your e-mail which I from past experience believed you checked regularly.

 

I have basically been getting telephone calls and texts for the last few days from your neighbour and his partner regarding this.

 

I do not believe that you are playing loud music but that you or someone in the flat is playing on a computer game with the volume up in the middle of the night. The neighbours in question have mentioned the Miami Vice theme tune – does this mean anything to you at all.

 

I believe I would have handled it better if I had received a reply to my various communications – which I had not. I do not like to feel as though I cannot get in touch with my tenants when I need to.

 

I would suggest you try and deal with this situation directly with your neighbour. I appreciate you are upset, but unfortunately the matter is still not closed. I received a text this morning at 5am, stating that this was happening.

 

Could you please investigate and let me know if you have any idea where this noise is coming from.

 

I would also appreciate if you could confirm your mobile number so that I have a contact in case of emergencies other than e-mail.

 

I hope we can resolve this.

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This was my response to the landlord:-

 

 

I'm glad you sort of admit that you haven't handled this too well, I am furious as stated in my previous email.

 

Your email was only sent on Sunday night, After reading your note which was posted through the door yesterday I checked my email and replied last night, That is only a day later and I believe that is checking my email regularly.

 

I can state that no-one in this flat is playing on computer games with the volume up in the middle of the night, I hardly ever stay up that late myself.

 

I have no intention whatsoever of dealing with this by talking to the neighbour, Sorry but that would be the last thing I would do, As mentioned in my previous email I have had problems with him in the past, I don't appreciate someone making snide remarks at me at all and he has generally seemed very unpleasant going by past experience and I do not want things getting heated or out of control.

 

As far as I am concerned I cannot say much else, Again I strongly deny these accusations.

 

When you say you received a text this morning at 5am are you accusing me of being noisy last night? Or the neighbour is implying I was noisy last night? If so then that is complete and utter rubbish and only makes me more furious about this matter, I would go as far as saying that if I am being accused of being noisy last night then the neighbour really is a troublemaker.

 

To be frankly honest this situation has not only angered me but it is putting me in an extremely difficult position where I am starting to feel very uncomfortable, I no longer feel comfortable in my own home.

 

This matter is going to be extremely hard to resolve in my opinion, Firstly because I strongly deny these accusations and secondly as stated above I do not wish to speak with the neighbour about this matter, After this experience I do not wish to talk to the neighbour in future.

 

I don't have anything further to say regarding this matter, I am happy for us to communicate via email but I can state that as far as I am concerned there is not anything to resolve, Obviously this will put a big strain on the relationship between me and the neighbour because as stated above I do not wish to talk to the neighbour in the future too much has gone on with the other incidents and now these accusations.

 

Once my phone is back from repair I will confirm my mobile number, There isn't much point in confirming my mobile number at this present time because you will not be able to contact me via that method.

 

Thank you for your time.

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If i were you i would think about finding somewhere else to live to be honest

The landlord nearly always sides with the complainant so i doubt you will win this fight

Do suggest in your next correspondence that you are aware of your rights regarding the gas certificate etc though as it may push her in the right direction ;)


I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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If i were you i would think about finding somewhere else to live to be honest

The landlord nearly always sides with the complainant so i doubt you will win this fight

Do suggest in your next correspondence that you are aware of your rights regarding the gas certificate etc though as it may push her in the right direction ;)

 

I would really like to move and feel i need to move but i cannot afford to move.

 

I could give a months notice and leave but the local council would regard that as me making myself intentionally homeless, If the landlord were to give me 2 months notice to leave then i wouldn't have a problem with that as there is a possibilty of me being rehoused by the council, I have a young child who lives with me so i do not want to become homeless as i don't have any close family in the area.

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Thats a shame, why dont you go to the council anyway and tell them you are being harassed by your landlord and another tenant and see what they advise.

Meantime write a letter, not email, to the landlord outlining what you feel to be harassment from her and the tenant and stating you will not accept it under any circumstances and you will start proceedings against them if it continues.

Do you have any witnesses who can back you up regarding the alleged noise nuisance?


I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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Thing is i'm not really being harrassed by my Landlord or the neighbour it's just false allegations that have been made, I'm not sure if the council would be interested in rehousing me because of this.

 

I had texts from the landlord well i never actually got them as my phone was off for repair, Then i got emails and a letter posted through the door and another email today but i don't think that is harrassment.

 

The neighbour hasn't actually harassed me but he's been unpleasant to me on one occasion and he has made a couple of remarks when i have come out of my property before, I do feel very uncomfortable living here now though, I just feel like if i make the slightest noise this neighbour is going to keep complaining about it, I can only see things getting worse from now on.

 

I have had my teenage step kid here with me recently and one of my other step children too and they know i have not made any noise whatsoever.

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Hi

 

I cant help you with your problem but it might help you more if you contacted the mods and ask for your thread to be moved to the lettings board you may find experts on there who can give you more advice.

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Cheers madamfluff for your vote of confidence in me!

You are right in one regard though, it is in the wrong section and i hadnt noticed, probably because i know what thread titles to look for

 

 

 

 

P.S if you are not comfortable living where you are L4SA, and are being threatened with further action then that is harassment, but you must do what you feel is best.

I will leave you to the experts now


I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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Oh I am so sorry callumsgran you have given the op some very good advice and I didnt mean to disparage you at all.

 

I hope the OP gets the prblem sorted

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My landlord has just sent me another email saying:-

 

I will try to speak to your neighbour tomorrow or the day after, although I have to say that in all my time as landlady I have never had to deal with a dispute between neighbours. I will try my best to try and settle this.

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This was my reply to the landlord's email which i think is quite reasonable:-

 

Ok that is fair enough, I have never had any complaints made against me and I have lived in private/council/housing association accommodation for the past 10 years or so.

 

I am not the one with the problem though, As I said I don't have a very good opinion of the guy next door because of a couple of things he has done since I moved in here for no reason, I have got the impression from him that for some unknown reason he has got a problem with me or has got it in for me.

 

I don't want to be in the situation where I am thinking if I make the slightest noise he is going to complain again, I just think he has a problem with me and I have thought that for quite a while because of his actions.

 

I already feel very uncomfortable, I had already felt a little uncomfortable before this complaint was made but this has made things a lot worse, If I had parents in the area or If there was another property I could have moved into I would have seriously considered leaving because this whole situation has really unsettled me, The way it has been dealt with and the allegations that have been made have made me feel uneasy.

 

I hope i don't get any hassle from him though, If any problems occur I will report it, As i said i am not going to admit to being noisey when I haven't been, However I am unsure whether this situation will be resolved or settled.

 

Thank you.

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Oh another thing, If i fill out a council housing application form should i say that i have been subject to false allegations from my neighbour regarding noise?

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Thread moved to Residential and Commercial Lettings Forum


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