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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
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Experience:  Solicitor with over 15 years experience.
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I am a leaseholder in a low rise block of 6 flats 2 of which

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I am a leaseholder in a low rise block of 6 flats 2 of which are still council owned the rest are leasehold. The leaseholder that owns the property above me decided to rent her property back to the council for 3 yrs. we have lived here for38 yrs with no problem until now in the first year of the council renting it and using it as a hostel for people who need temporary accommodation. We have had up to now had 4 families in and all but one have been a problem apart from one. We have had a violent couple that rowed all the time and made a lot of noise, we have had one couple played loud music and banged about late at night and a few of them were druggies it has made us both ill. This latest lady has a young baby and a girl about 6 that does not live here apparently the children are under police protection she smokes drugs, she throws cigarette ends in our garden which we have asked her not to and she has just said it's her friends there has been bits of spiffs in our garden luckily my husband found them before my small grandchildren went in the garden. The passageway in our block has always been kept clean until she arrived she blocks the stairs by parking 2 pushchairs at the bottom of the stairs as her friend comes round with 3 or 4 young children and usually stays all over the weekend so we have about 5 kids running around jumping of chairs onto the floor which really sounds loud and vibrates the light fittings there doors and cupboard doors are always banging she plays her radio really loud early mornings she empties rubbish out of the pushchair at the bottom of the stairs the list goes on and on. I have complained many many times to the council about her and so have other tenants in the block and she has been given an ASBO against her which she has broken many times, we have just about had enough now it is making us both ill and depressed I am already disabled and do not get out much so we get it day and night and to think we have probably got another 2 yrs of this is frightening and we feel that as leaseholders we have to abide by certain rules and regulations so surely the council have to abide by certain rules and regulations to us. We are just at our wits end with all the hassle and all the mess in the passageway. I would be so grateful if you could advise us what to do.
Mrs T Robinson
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello, I am a solicitor with 20 years experience. I will try to help you with this.

LondonlawyerJ :

What are the terms of the ASBO she has broken? Breaking an ASBO is a serious offence (up to 5 years imprisonment).

LondonlawyerJ :

In terms of civil law remedies, these will be against the tenant rather than the council (as it is very hard legally to blame the council for the misconduct of a tenant). Her tenancy will very likely be a temporary tenancy and the council probably have a condition that if she uses the flat for illegal or immoral purposes (drugs?) or is a nuisance/anti social they will take action to evict her. Forcing them to act on this policy will be very difficult. Everyone in the block should keep a nuisance diary, copies of which should regularly be sent to the local authority.

LondonlawyerJ :

The reason I ask about the ASBO is that yo may be able to get the police involved in that which could lead to quick action and which may prompt the council into action as well. Can you tell me a bit more about the ASBO please?

Customer:

We only know that from the ASBO officer l am dealing with said she has one against her and she just told us that if we get any problem out of hours to ring the police as the children are under police protection they would respond immediately.

Customer:

what we want to know is there anything we can do to stop the council putting problem people in a block of 5 other decent residents, most of them lease holders that have to pay quarterly service charges for the up keep of the block.

Customer:

lt is not in our lease that anything like this could happen, nobody in their right mind would sign up for that knowing that they can put people that have just come out of prison, druggies murderers even. I t is not very nice that we have undesirables coming into the block delivering drugs to her and leaving the hallway smelling of weed.

LondonlawyerJ, Advocate
Category: Law
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Experience: Solicitor with over 15 years experience.
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