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    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
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    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
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Neighbouring property in disrepair - causing water leaks that have rotted my facias and soffits


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Hello dear community,

 

I need some help with course of action.

 

Neighbouring property, which is side by side with mine is not maintained and previous damage is not being fixed - it is affecting my property with damp and with risk of decreased value.

 

Of course, owner does not live there... Property is rented out.

 

I attempted talking with the Renter and advised them that their roof needs fixing, only thing owner did after that was to clean out the guttering, but all other disrepair continues.

 

I reached out to the freehold management company and nothing as of yet.

 

I need advice on further steps on how to force the owner to replace their rotten facias, soffits, repair that tiny roof above the door as its literally crumbling away, and such.

 

How can I enforce these to be fixed ?

 

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  • dx100uk changed the title to Neighbouring property in disrepair - causing water leaks that have rotted my facias and soffits

I think that your claim would be against the property owner .

Do you know who they are and their address?

 

I think you need to get a proper written report identifying all of the problems, any damage which has been caused so far and the cost of repairs .

Do that and then come back here and let us know what the outcome is and we can advise you

 

 

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Hi

 

All Private Landlords are required to be registered with the relevant Local Authority/Council so I would contact the Local Councils Private Landlords dept and make a complaint to them of the disrepair to the property which is causing damage to your property and your attempts to get the Landlord to resolve this to no avail.

 

They may in turn send out officers to inspect the property and if required issue an enforcement notice to the Landlord

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  • 5 months later...

Hi

Any further update on this?

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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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2 hours ago, stu007 said:

Hi

Any further update on this?

Hello dear stu007 ❤️

I tried reaching out to the Local Councils Private Landlord department in Reading, unfortunately, they told me since I am the neighbouring property, I cannot force them to fix anything and that it would have to be the tenant who lives inside there.

Current tenant complained about gutters being over filled and asked the landlord to fix it as things were falling on top of tenants head when he was coming back home - landlord did fix that, only that and nothing else by cleaning the gutters and have increased tenants rent by 50 pounds a month few days later.

Now current tenant is afraid to further ask landlord to fix rotten facias and everything else because he will not afford the place if the rent will increase again.

I have ordered to fix my property, which will cost me £3200 :(

Management agency of the estate is useless, I became a volunteer director and they are just ignoring me not having yearly meetings and are not dealing with that property as well - I asked them for many things and nothing was done since last December.

I feel hopeless as a neighbouring owner! Only hope I have is that my roofer will be great at his work and will ensure that my property will become separate from this properties damage from now onwards :(

If anyone has more ideas, I would welcome them with open arms as even though I will fix my property up, no one likes an eye sore next door that can decrease value of your home just by the sheer look of it being so horrid and not maintained! 😕

Warmest wishes,

Vik

Edited by Haecceity
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Hi

Thank for the update appreciated.

As for the next door property causing damage to your property due to the disrepair I feel you are now going to have to get someone in to inspect your property and do a report for you as to what is causing the damage i.e. the disrepair issue with the property next door are causing these.

You are going to need reports clearly pointing out the damage to your property is caused by the disrepair in the next door property before you can take further action against that Landlord of that property.

If you have Insurance for your property and it has Legal Advice also have a chat with them on this matter.

 

As for the Tenant next door (get them to join CAG and tell us what is happening) as for the Rent increase a couple of days after they asked for repairs I do hope the Landlord carried the rent increase out properly.

Show the Tenant next door or give them the following link:

https://www.gov.uk/private-renting/rent-increases

That Tenant should not be scared to ask for repairs that need done again tell them to join CAG and tell us their story on this and point out to them that our advice is free and they remain anonymous on CAG if worried about that Landlord.

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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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