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    • Good afternoon,    I am writing in reference to the retail dispute number ****, between myself and Newton Autos concerning the sale of a Toyota Avensis which has been found to have serious mechanical faults.    As explained previously the car was found to be faulty just six days after purchase. The car had numerous fault codes that appeared on the dash board and went into limp mode. This required assistance from the AA and this evidence has already been provided. The car continues to exhibit these faults and has been diagnosed as having faults with the fuel injectors which will require major mechanical investigation and repairs.    Newton Autos did not make me aware of any faults upon purchase of the vehicle and sold it as being in good condition.    Newton Autos have also refused to honour their responsibilities under The Consumer Rights Act 2015 which requires them to refund the customer if the goods are found to be faulty and not fit for purpose within 30 days of purchase.    Newton Autos also refused to accept my rejection of the vehicle and refused to refund the car and accept the return of the vehicle.    It is clear to me that the car is not fit for purpose as these mechanical faults occurred so soon after purchase and have been shown to be present by both the AA and an independent mechanic.   Kind regards
    • Commercial Landlords are legally allowed to sue for early cancellation of the lease. You can only surrender your lease if your landlord agrees to your doing so. They are under no obligation even to consider your request and are entitled to refuse. You cannot use this as an excuse not to pay your rent. Your landlord is most likely to agree to your surrendering the lease if they want the property back in order to redevelop it, or if they wants to rent it to what they regards as a better tenant or at a higher rent. There are two types of surrender: Express surrender in writing. This is a written document which sets out the terms of the surrender. Implied surrender by conduct. (applies to your position) You can move out of the property you leased, simply hand your keys back and the lease will come to an end, but only if the landlord agrees to accept your surrender. Many tenants have thought they can simply post the keys through the landlord's letter box and the lease is ended. This is not true and without a document from the landlord, not only do you not know if the landlord has accepted the surrender, you also do not know on what basis they have accepted and could find they sue you for rent arrears, service charge arrears, damage to the property and compensation for your attempt to leave the property without the landlord's agreement. Unless you are absolutely certain that the landlord is agreeable to your departure, you should not attempt to imply a surrender by relying on your and the landlord's conduct.  
    • I had to deal with these last year worst DCA I have ever dealt with. Just wait for the constant threats of CCJ and how you'll lose in court and how they won't do mediation and they want the judge to question you with a load of "BIG" words to boot with the letter. My case was struck out in the end, stupidity on their part as I admitted to owing the debt in the end going through the court process was just a formality as they wouldn't let it drop despite me admitting the debt regardless. They didn't send the last part of the court paper work in so it ended up being struck out     .
    • Well, that's it then. Clear proof of the rubbish cameras. Clear proof of double dipping. G24 won't be getting a penny. Belt & braces, I would write to the address LFI has found, include the evidence of double dipping, and ask Fraser Group to call their dogs off.
    • LOL. after sending Perch capital a CCA request with a stapled £1 PO attached (x2) Their lapdog Legal team TM Legal have sent me two letters today saying "due to a recent payment on the account, your account is open to legal/enforcement action" so i guess they have tried to apply that payment to the account to run the statue bar along. dirty tactics lol.
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10 years with Neighbours from Hell on Benefits...damage my property, council/police never helped


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steampowered - thanks for the tip!

I have spoken to the Environmental Health Team and they have advised the normal procedure for this type of complaint is, they firstly send a letter to the resident advising that they need to clear the waste in their garden.

 

Then we they ask their Neighbourhood wardens to check this has been done. If not we then they take further action.

 

If this is reoccurring problem then the Environmental Health officer will contact the resident directly(WHY NOT THE LANDLORD) and take further action.

 

These timescale given are to allow the officers time to investigate the matter fully and we have to allow them this time as they have other cases to deal with.

 

What a pathetic excuse from the council...how can i respond to this?

 

They are sending out a letter to the NFH instead of coming down to see what is going on because they are scrared of the NFH, then later later they send someone down.

 

This is an appalling response from enviro health - should they not be coming down asap and contacting the landlord to make him aware instead of contacting the NFH who will never inform the landlord who will be left in the dark.

 

How on earth did you get enviro health down so quick to yours?

 

What can I reply back to get enviro health off their backsides and come down asap - they have said they are too busy with workload!:-x

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I'm not an expert in these things but my understanding is that the council always go after the occupier rather than the landlord. This makes sense legally, since the basic legal position is that the tenants are responsible for their behaviour not the landlord.

 

Have you tried going through your council's anti-social behaviour/nuisance team as well as environmental health? I've heard good things about these teams in smoe councils.

 

If the landlord wants to sell the property he will have to disclose the problem to potential buyers, which gives him a financial incentive to sort this out, so he should cooperate. It is possible that this explains why the property went to auction.

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  • 4 months later...

The NFH and her family are terrosing the full street to such an extent that nobody dare speak out, this has made the NFH and her relatives that live in 2 other homes in the street so brazen to start selling scrap metal at the rear of the house., walk up and down the street with air rifles, threaten people, walk with dangerous dogs

 

 

 

The NFH has countless males that come to the house at ALL times of the day from across wasteland that adjoines the rear of the street (Land is Private owned, council refuse to have the land sealed off), The males the frequent the property are all criminals, the local PCSO is aware of the men who walk across the wasteland and into to the rear garden of the NFH which they are a tenant (landlord is private)

 

 

 

NFH does not work and is suspected of claiming a whole series of benefits she is not entitled to like disability allowance/incapacity benefit, living as a single (when she has a steady stream of men at her house)

 

 

 

She is always in a bathrobe?

 

 

 

The police is not doing to ask the landlord to evict the NFH who have destroyed, terrorised the full street for the last couple of years, what can be done to have the NFH evicted?

 

 

 

How can she be reported to the HRMC for suspected benefit fraud that has been going on for countless years, undeclared income from the illegal sale of scrap metal from the back garden...etc

 

 

What steps need to be taken to have this NFH evicted? - the PCSO for the area is gutless as well the police because the family is crime ridden, they have brought the whole street down in value

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Its not as easy as that...the NFH has 2 relatives that live in the same street and the gun is not kept for long at the NFH its moved across different properties, the local PCSO is scared gutless of the NFH despite telling me the police are aware the NFH with their relatives who live in the same street and the countless men that visit the NFH are responsoble for all the crime in the area, the police are well aware

 

The private landlord is probably not aware but may be allowing the NFH to do what they do and is turning a blind eye to it all

 

The best way is to target the benefits that NFH is receiving - as thats her life...she is defrauding by claiming to be unable to work and living as a single parent when in fact she has countless men that visit the house from the back garden, she has boyfriends, sells scrap metal from her back garden, her and her entore NFH family are responsible for all the break ins and robberies in the area for the past few years, the council need to ask the private landlord to evict these tenants, they have also destroyed house prices in the street

 

Every time you see someone doing something they shouldn't like carrying a weapon, ring 999, they have to attend. Do that enough times and something will be done.
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  • 3 years later...

I bought a house 10 years ago as an investment, put it on rent, not knowing that what appeared to be an the empty house next door being, was in fact tenanted by a family who came from a rough council estate, well known to the police.

 

I put the house for rent 10 years ago, during this time the family next door have

 

1. Had a scrap metal business operating from their back garden, piling up metal against the fence, I fixed up to stop them tresspassing into my garden.

 

2. Used a air gun to break my window.

 

3. Cut down a massive 50ft high tree, which fell into my back garden, broke all my fences and damaged my house. (The Tenants said it just happened by the wind, when they were visible cut marks on the trunk on the tree)

 

4. Broke into my house from the back garden patio, ripped up the central heating, thrown the central heating into a field behind the back garden and stole the copper piping. When I asked if the saw what happened, they said 'we just heard sounds'

 

5. Broke my fences

 

6. They cut down the bushes in the front garden and now are tresspassing into my front garden as and when they please and swinging from the metal guard door, I've put to stop breaking into the house.

 

Over the years, I've been in touch with the social services, council, police and nobody has helped me.

 

The police told me the family is well known to the police and has history and the local PSCO is too scared to even go to the house.

 

I asked the lady next door, who is always in bath robe most of the time, if she had the landlord details, but she said no.

 

I must have spent £5k on the house after next door have damaged it.

 

Countless men and youths go into/out the house daily, the lady is on benefits as well as the other over 18's, very rough family.

 

At my wits ends now, I have tenants at the house, who want a stop to the tresspassing into the front garden, they asked me to put a fence up to stop the tresspassing that will costs over £300 and I'm worried what if the people next door break/damage the fence.

 

The only people who have caused damaged are the people next door, nobody else is going to come specially to cause damage.

 

Shall I get the landlords details on land registry and write him a letter, asking him to tell his tenants to stop walking into my front garden or shall I go see him in person?

 

I want to say any future damage to the house, can I take the landlord to the smalls claim court for the damage his tenants have done or may due?

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10 yrs of of this with your rented property

 

The main issue I see here is the property being rented, has the tenant in place at the time being complaining to both the Police and Council about the Criminal Damage/Anti Social Behaviour?

 

I am surprised over this time period that the Police & the Councils Anti Social Behaviour team have not been more pro active even with advice.

 

It all comes down to evidence and witnesses to these incident over the period i.e. do you have any statements from the tenants/witnesses of these issues and the actions they took?

 

Have you considered discussing with the tenants (make sure and get there agreement in writing) about maybe installing cctv outside the property?

remember if you do this to get the agreement/permission in writing

 

What has been the Police advice over this time?

 

Has the Councils Anti Social Behaviour Team been involved with this, if so what actions have they taken?

 

New powers make it easier to tackle anti-social behaviour: https://www.gov.uk/government/news/new-powers-make-it-easier-to-tackle-anti-social-behaviour

 

Anti-social Behaviour, Crime and Policing Act 2014: http://www.legislation.gov.uk/ukpga/2014/12/contents/enacted

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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you will need to take the matter to court and get an injunction against the landlord of the property. Taht will cost you a good few quid but you will be awarded costs if you get the injunction. if the tenants still persist you go back to court and the landlord will e clobbered financially for the breach and if it happens again they can be jailed for contempt of court. if the tenants were placed there by the council you name them as well as co-respondents. Expect to spend £10k initially though

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Thread moved to Residential and Commercial lettings/Freehold issues Forum.

 

Andy

We could do with some help from you.

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The police and council have done nothing at all to help, social have paid a few visits because the lady next door had lots of youths coming and going to the house at all hours, but apart from that they have done nothing.

 

For the scrap metal environmental health paid visits over the years and only once the house was sold at auction to the new landlord, did the scrap metal business end.

 

My tenants are too scared to be a witness, because they are the ones that have to live with the nightmare tenants next door, so my tenants don't want any trouble.

 

The family next door is is well known to the police for all kinds of acts of criminality but the police have done nothing and the local PSCO is too scared to even pay them a visit.

 

Calling the police will only make things worse, what I need is concrete evidence because my tenants are too scared to be a witness, would installing CCTV help at all, if the neighbours next door were caught on CCTV could charges be brought against the landlord of next door or the neighbours?

 

 

 

 

10 yrs of of this with your rented property

 

The main issue I see here is the property being rented, has the tenant in place at the time being complaining to both the Police and Council about the Criminal Damage/Anti Social Behaviour?

 

I am surprised over this time period that the Police & the Councils Anti Social Behaviour team have not been more pro active even with advice.

 

It all comes down to evidence and witnesses to these incident over the period i.e. do you have any statements from the tenants/witnesses of these issues and the actions they took?

 

Have you considered discussing with the tenants (make sure and get there agreement in writing) about maybe installing cctv outside the property?

remember if you do this to get the agreement/permission in writing

 

What has been the Police advice over this time?

 

Has the Councils Anti Social Behaviour Team been involved with this, if so what actions have they taken?

 

New powers make it easier to tackle anti-social behaviour: https://www.gov.uk/government/news/new-powers-make-it-easier-to-tackle-anti-social-behaviour

 

Anti-social Behaviour, Crime and Policing Act 2014: http://www.legislation.gov.uk/ukpga/2014/12/contents/enacted

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Would it be wise to have CCTV evidence before taking an injuction otherwise the neighbours next door will deny everything.

 

Should I get the landlord next door details and either meet or send a letter to him to ask him to ask his tenants to stop tresspassing and any damage to my property he is liable?

 

My fence is already damaged, my tenants told me it was the kids next door, again I don't have CCTV evidence BUT the fence is broken from the neighbours side and 2 fences have been kicked/broken from the neighbours side.

 

How does the injuction work out? I want the tenants next door out, because 10 years of this is too much

 

 

you will need to take the matter to court and get an injunction against the landlord of the property. Taht will cost you a good few quid but you will be awarded costs if you get the injunction. if the tenants still persist you go back to court and the landlord will e clobbered financially for the breach and if it happens again they can be jailed for contempt of court. if the tenants were placed there by the council you name them as well as co-respondents. Expect to spend £10k initially though
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Should I put a fence up in the front garden to stop the tenants tresspassing or get CCTV first then the fence?

My fear is i put the fence up, the tenats next door damage/break it, then claim they have no idea who damaged it and I lose more money, what do you suggest?

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you start off by finding out who owns the property, that is easy, costs £3 for copy of entry on Land Registry. You then inform them of your complaints and ask themt o prevent his tenants from stopping you fro having quiet enjoyment of your property. If that doesnt do anything ( unlikely it will) you will then have to either learn a hell of a lot very quicky or see a soliciotr who deals with this kind of thing. that is why i say expect to spend £10k, you can do it for a few hundred if you do everything yourself but will be hit with a massive costs order if you get it wrong so better spend the money and get it right and your money back.

As for fences, CCTV etc, yu ahve put up with this for 10 yeasr so it begs the question why havent you givent it the attention before? Your tenants can be witnesses so no real need for this now. I would put a new fence up after getting the injunctuion, it is likely to be too tempting for them so if they damage it afterwards then that will mean their LL wil have no choice but to evict or risk contempt proceedings.

Read up on injunctions and then see a solicitor. Yu cab ask the SRA for the details of one near you who specialises in this sort of thing and that will save you time and money compared to just going to the first name in the phone book

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