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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I am a pensioner and have a Romanian nurse as a lodger. We

Resolved Question:

I am a pensioner and have a Romanian nurse as a lodger. We live in an old cottage that has a right of way for the neighbours at the back. The landlord has let it out to tenants from hell, who have said that, amongst other things, that they are going to let their unsocialised big dog in my garden. I have an old cat and Flavia is scared of dogs. They fight in the street and fight with each other. We have not used the garden all summer and I let my cat out at 3am but keep her shut in each day. I life is a nightmare. Can you help? Do we have a right to enjoy our property under human rights?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Have you complained to the Landlord about his tenants please?

Customer:

yes but she just said a police matter. I was thinking more human rights in EU

Alex Watts : Won't the police do anything?
Customer:

No not 'till something happens, it is just a threat they said. Next door are taking their dog thru' my garden on a lead. Do I not y house without harassment?have a human right to live in m

Customer:

Sorry I can't rate as have not had answers yet

Alex Watts :

Ok - what you can do is seek an injunction to prevent any harassment, which this clearly is.

Alex Watts :

You need to see a Solicitor who can write and ask them to stop, otherwise you will go to Court.

Alex Watts :

If they refuse then you can seek an injunction.

Alex Watts :

You would need to complete forms N208 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf

Alex Watts :

And N16a http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

Alex Watts :

You are asking for a Court to stop them harassing you directly or indirectly.

Alex Watts :

The Court will send a copy to the other side and you will be asked to attend a hearing.

Alex Watts :

At that hearing a Judge will see if the injunction is contested. If so the Judge will give directions for a final hearing and decide there and then whether to make an interim order.

Alex Watts :

If the injunction is breached then the neighbour can be warned, fined or sent to prison

Alex Watts :

This is not a breach of human rights, as only those rights can be claimed against a public body, ie the Council or Government.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Sorry I did not know where to find the answer. They have a right of way, via a path through my property which has never been a problem. I have put my house on the market but think it is going to be impossible to sell

Alex Watts : Again you can use the same process above to stop them harassing you.
Alex Watts : It makes no difference whether or not they have a legal right of way.
Alex Watts : Does that help ?
Customer:

Is there any way of suing the landlord? My lodger has told her of the problems and it is making me ill. I also have the expence of selling my house, if I can, as I will have to let prospective purchesors kknow of the problem

Alex Watts :

Sadly no.

Alex Watts :

Its not the Landlord actions, it is the neighbour.

Alex Watts :

If you do sell, only if you have issued proceedings do you have to let purchasers know

Alex Watts :

Does that clarify?

Customer:

Thank you, ***** ***** have to disclose any problem with neighbors on the home sellors form etc

Alex Watts :

No, not unless you have made a formal complaint to say the Council or Cout

Customer:

What a relief.

Alex Watts :

Does this answer the question for you?

Customer:

I did complain to landlord, does that count?

Alex Watts :

No

Alex Watts :

It is a concern, not a complaint

Alex Watts :

Or dispute

Customer:

Thank you for your help

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.


I am not sure if you can answer this, it is more of the same. I have sold the property and am asked on the home seller form if there are any propblems, in writing with neighbours which of course there is, what can I say?

Customer: replied 2 years ago.


Thank you for your help. I have now had an accepted offer on my house, on the homebuyer form they asked if I had any problems with neighbors, in writing, I was given a Police number and letters from landlord saying even if threatened I could not block garden access from next door. I said I had no problems with the bin coming through, on the form but nothing else. The neighbours do not now have the dog and the property is very quiet, they will know I have sold, what if they start again when I have moved?

Customer: replied 2 years ago.


Thank you for your help. I have now had an accepted offer on my house, on the homebuyer form they asked if I had any problems with neighbors, in writing, I was given a Police number and letters from landlord saying even if threatened I could not block garden access from next door. I said I had no problems with the bin coming through, on the form but nothing else. The neighbours do not now have the dog and the property is very quiet, they will know I have sold, what if they start again when I have moved? Is there a further charge for this answer?

Customer: replied 2 years ago.


Did you see my question dated 8th Oct? If a further charge I will not bother and hope for the best

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