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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My Partner and I have lived in a retirment complex for approxiamatly

Resolved Question:

My Partner and I have lived in a retirment complex for approxiamatly 8 months. The manager has made false allegations about us and is harressing my partner.
My partner is retired he spends most of his day at home. I still work she only comes to the door when she knows I am at work.
I arrived home last evening to hear she had once again been to complain about loud music with the claim that another resident had complained. I went to apologise to the resident if the music had been to loud. She a very elderly lady became very upset and said she had not complianed the manager had knocked at her door to ask if she could her any music.
She has also complianed to our landlord, he has asked I get the resident to make a statement she is frightened to do so as fears repercussions herself from the manager.
I feel this is harressment I will not put this elderly resident underpressure my landlord will not act unless the compliant can be substanciated.
Please advise
Janet Gilder
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

I note from your reference to your landlord that you rent your property. Could you advise whether your landlord is a private landlord or a housing association/council please?

Joshua :

Does your partner have a record of the dates and times of the various encounters with the manager or failing which could your partner prepare such a record?

Joshua :

Do I understand correctly it is your view that neither you nor your partner do anything that would reasonably be deemed a nuisance to other residents? If so do you have any notion why the manager may be singling you or your partner out for "special treatment"?

Customer:

Dear *****

Customer:

We moved into Kingswood in March this year we rent from Girlings a rentl company. No long after we moved in I was assaulted in the street and was obviously very shaken up, shortly after this our window latch broke, it was late at night I was very distressed my partner called the helpline as we were unable to get any one to mend the window, we were aware that the manager was on site and asked she be asked for an emergency contact number, we live on the ground floor, so easy access was obtainable into the rest of the building as well as our flat. She refused our request for help. She was off duty.

Customer:

She recently locked the laundry and would not allow Peter to retreive our washing from the machine.

Customer:

We entertain in elderly care homes and agreed to perform at the Christmas party in Kingswood Court were we live. We agreed with the residents they would pay £5 ahead and we would provide Bucks fizz on arrival and full buffet with wine sherry or beers for the gents.

Customer:

She accused us of making a profit, we had not intention of doing any such thing. She made a complaint to her manager and once again when I was out at work tackled Peter cancelling the event.

Joshua :

Thank you. I am sorry to hear of your experiences. For the avoidance of doubt Girlings is a private lettings company and not constituted as a housing authority or anything of that nature? In addition from what you say your accommodation is not provided by your employer - i.e. you do not work for your landlord?

Customer:

We are looking for alternative accomadation but are tied to this tenanacy until March 2015.

Customer:

What are we gong o do

Customer:

My accomadation has nothing to do with my employer

Customer:

I work completely seperatly

Customer:

I think girlings are classed as a private lettings agency they are not linked to the local authority

Joshua :

Thanks. Finally are you aware of any restrictions as to a minimum age limit for living in the complex? If so do you satisfy that criteria to your knowledge?

Customer:

Yes we do

Customer:

Shall I just leave this matter with you for a while ?

Joshua :

Thanks. The first issue relates to the issue of your causing nuisance To your neighbour as the manager claims. From what you say, the neighbour has not made such a complaint and continues to refuse to do so and as such, this is a nonstarter from the manager's point of view. However even if this were not the case, the House of Lords decided in 1999 in the case of London Borough of Southwark v Mills and Baxter v London Borough of Camden that one cannot be liablefor noise caused by the ordinary and reasonable activities of day to day life because of inadequate sound insulation between the properties. If noise is sufficiently continuous so as to significantly impact on their enjoyment of their property it could be that they could claim a statutory nuisance but failing which there is little to answer here.

Joshua :

In relation to how you deal with the managers conduct...

Customer:

So what can I do I have emailed Girings this morning advising them that I cannot obtain a statement from this very distressed lady and asked they ask the manager to sustantiate her claim.

Joshua :

If the manager is responsible for providing services to you as a resident then you could in the first instance having made you position clear to the manager consider approaching the service company that employs her to make a complaint. This will often be the quickest approach to resolving conduct issues.

Joshua :

If this does not succeed, then you will need to consider use of harassment laws against the manager.

Joshua :

In order to pursue her under harassment legislation you will need evidence of harassment. For this reason your partner (and you) will need to consider preparing a log of events with date and time and a brief description of what happened. If you have an email contact for the manager you can also consider following up events with an email to her or her employer detailing what happened and your concerns

Customer:

I have requested that Girlings speak with her manager at Peveral management when I tried to do so over the show cancellation he was very rude to me

Joshua :

If her conduct continues you can consider advising her that you consider her conduct to constitute harassment and that if there are further incidents, you will consider making a complaint to the police and / or a civil action against her under the Protection Against Harassment Act.

Joshua :

All that is required under this legislation is behaviour that causes alarm or distress or that the offender ought to know would cause the same.

Joshua :

Before taking action under civil law, you would first need to consider serving the manager with a cease and desist letter including some of the details of behaviour you consider to be harrasssment including where you know them dates and times and advise that you seek an undertaking from her to cease and desist her behavior within 7 days failing which you reserve a right to make a complaint to the police and / or seek an injunction under the Protection From Harrasssment Act. If she ignores you or does not give you the undertakings or commits further actions you consider to be harassment then you will need to consider applying for an injunction or complaining to the police. In either case the quality of your log will form a central part of your complaint.

Joshua :

An injunction is a court order ordering your manager to stop harassing and / or not to approach your property or have direct contact with you as appropriate. The issue here is that you would need evidence of her behaviour as above. There is a further issue that her role as manager presumably requires her to have some contact with residents. Consider preparing a a clear paper trail which demonstrates that you have raised complaints with the police and manager and keep a log of any events past and present with dates times and descriptions and any report of the same to the police. If any other neighbours are prepared to provide evidence this would assist further.

Joshua :

Once and if you have sufficient evidence to proceed you can apply on form N16A.

Joshua :

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=402

Joshua :

if you do not think you have sufficient evidence to show on the balance of probability that you are being harassed you may consider recording any such incidents using a mobile phone voice recorder which can serve as a record of encounters.

Joshua :

If possible of course if you can resolve your differences without involvement of the police or civil courts it would likely be of benefit to both you and the manager as the reality is that you can potentially cause her some difficulty ultimately in relation to her job and the above will be at best hassle and at worst somewhat stressful. If it is not possible to resolve your differences amicably however the above are options that are open to you.

Joshua :

Is there anything above I can clarify for you?

Customer:

No thank you I much appreciate your time.

Customer:

Regards

Customer:

Janet

Joshua :

Please do come back to me if you have further difficulties and I will be please to continue to assist. In the meantime to try to prepare and keep a log of events while they are fresh in your memory so that you have some ammunition if necessary

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Customer:

I will do

Joshua :

Many thanks and best wishes

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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