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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My girlfriend has two children one is 4 the other is 1year

Resolved Question:

My girlfriend has two children one is 4 the other is 1year old, my neigbour has put in a complaint to the letting agent and she has received a letter stating that the chilfren are too noisy. These tenants have only moved in one month ago and she has not had any complaints by previous tenants. The tenant goes to bed at 6 or 7 every night.
I feel my girlfriend is being harassed and has now been told a second complaint has been received.
What right s does my girlfriend have and how can she deal with this matter.
The neighbor bangs the wall and I find this very aggressive and disturbing.
She has apologized and is doing her best to keep the children quite but its very difficult if a small child cries or gets excited.
Can you advice on what we can do to stop these complaints and further action being taken, I feel like going to a solicitor over harassment.
My girlfriend received a call from the letting agent today and threatened with further action.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

If your girlfriend is being harassed has she reported this to the Police please?

Customer:

No but if you read the question she is very upset about the complaints she has received. We need to know what we can do to stop this person sending complaints and getting her into trouble, the letting agent don't care about her piont of view, the banging on the wall is not acceptable to me I don't do it if they make a noise.

Alex Watts :

Can you stop someone sending complaints - no

Alex Watts :

The only way she can do this is by taking out a civil injunction

Alex Watts :

You would need to complete form N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And form N16a

Alex Watts :

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

Alex Watts :

A copy would be sent to the other side and the matter would be listed initial heairng

Alex Watts :

A Judge would see whether the matter is contested and to make an interim order.

Alex Watts :

The Judge will need to consider whether this is haraassment

Alex Watts :

But this is the only thing you can do to stop complaints being made. Some people are just nasty

Alex Watts :

If an injunction is granted and breached, this would be contempt of Court and they would be warned, fined or sent to prison

Alex Watts :

Can I clarify anything about this today please?

Customer:

we are talking about a tenancy here, what are my girlfriends rights to defend herself because my understanding of this whole situation is that the neigbour has written a complaint and the letting agent are threatning with further action which would mean the council getting involved and sending someone round, this is a pathetic situation, wwwshe is being harassed by this tenant next door by them sending letters to the letting agent.

Alex Watts :

Yes I understand she is being harassed by next door sending letters.

Alex Watts :

But harassment can be direct or as in this case, indirect

Alex Watts :

But you can't stop the person making complaints

Alex Watts :

Some people are just mean

Customer:

so what can she do about it to defend herself? It seems to me that the tenent next door can do whatever they want and my girlfriend is being victimized and portrayed as a bad tenant here

Alex Watts :

Sadly all she can do is seek an injunction or report it to the Police as harassment

Customer:

its no good you telling me people are just mean, i want to deal with this situation, it seems to me that we just have to accept this and get evicted because thats what they are trying to make happen.

Alex Watts :

If they havent served notice then she should be ok

Alex Watts :

If they are harassing indirectly then the Police can deal with this or a civil injunction

Alex Watts :

She should start to also keep a diary of the harassment in case it needs to be used in Court

Customer:

you are no help what so ever, if you received a complaint yourself and you tried to control the problem to the best of your ability and then kept receiving complaints what would you do about it then?

Customer:

would you class her receiving letters from the letting agent threatening further action over noise from children to be harassment or would you class it as something else?

Alex Watts :

Yes its harassment.

Alex Watts :

Harassment is:

Alex Watts :

(1)A person must not pursue a course of conduct—


(a)which amounts to harassment of another, and


(b)which he knows or ought to know amounts to harassment of the other.

Customer:

so what do or what would you do in her shoes then? Because at the moment it seems that this tenantt can just write complaint letters after complaint letter until the council get involved.

Alex Watts :

Harassment can even be silence

Customer:

I want to put them under pressure by stopping this nonsense.

Alex Watts :

I would get a Solicitor to write and warn saying that if they continue an injunction will be sought

Alex Watts :

Or she can try complaining to the Police

Alex Watts :

Yes.

Customer:

So what do I tell the letting agent I am going to do?

Alex Watts :

You can seek a Court injunction to put pressure. But a Solicitor lett may help

Alex Watts :

Yes, tell the agent too

Alex Watts :

Say its harassment, victimisation etc

Customer:

What type of Solicitor do I look what law as such because there are many different types

Alex Watts :

This is a civil dispute

Alex Watts :

http://solicitors.lawsociety.org.uk/

Customer:

And what are you, can you do this

Alex Watts :

I am a Solicitor - but sadly the site rules prevent me from acting

Customer:

if she goes to the police isnt that a bit weird because all she will say is the next people next door keep sending letters to get me in trouble and I am doing my best to not make noise

Customer:

so do you know one in Norwich

Alex Watts :

If she was making that much noise the Council would be in touch

Alex Watts :

As I will have a look

Alex Watts :

Fosters Solicitors - 01603 620508

Alex Watts :

Hansells - 01603 615731

Alex Watts :

Leathes Prior - 01603 610911

Customer:

this is what I am saying the letting agent are threatning with the next level which is the council i would imagine, We don't want to get a fine over this silly matter but the tenant seems to be able to do what he wants

Alex Watts :

You wont get a fine, even if there was noise, the Council would just warn

Alex Watts :

But the noise has to be quite bad Council to do anything

Customer:

then after that

Alex Watts :

Which is why I think now if you get a letter from a Solicitor that should nip it in the bud

Customer:

its nothing, two small children playing in the house is normal

Alex Watts :

Indeed. Then there is nothing to worry about

Alex Watts :

Try the Solicitor letter route first

Alex Watts :

But she should start to keep a diary of everything that happens

Customer:

do I seek legal advice or do I just ignore the letters? I feel ignoring them makes it worse, we have reduced noise as best we can, we actually feel very uncomfortable in our own home now

Alex Watts :

I would get a Solicitor to write a letter as we have discussed.

Alex Watts :

You have reduced noise volume, I do not see what else you can reasonably do

Customer:

So I ask a solicitor to send a letter to the tenant and letting agent saying an injunction will be sort and what?

Alex Watts :

Then if it continues you seek a Court injunction to stop the harassment and victimisation

Customer:

Sorry I just need to know exactly what I am asking to the solicitor

Alex Watts :

1) A letter to stop harassment

Alex Watts :

2) If it does not stop then you can instruct a Solicitor to seek an injunction

Customer:

Do I tell the letting agent I am doing this before I go to the solicitor

Alex Watts :

Yes I would

Alex Watts :

Keep them in the loop so they understand your plight

Customer:

So I tell the letting agent you are seeking an injunction to stop the harrasment if this fails I will seek ? need your help i am lost

Alex Watts :

Firstly tell the agent you are sending a Solicitor letter to the neighbour

Alex Watts :

Then if you apply injunction tell the agent what you are going to do

Customer:

ok

Alex Watts :

Can I clarify anything else ?

Customer:

do I just say it as you've written? a solicitor letter

Alex Watts :

Yes that is right

Customer:

so I email the letting agent stating my solicitor will be sending a letter to the tenant, then I wait to see what happens if it continues I seek an injunction and victimization.

Customer:

is that correct

Alex Watts :

Yes

Customer:

If I need to get your help what do I do pay again? Also roughly what is the cost to get this letter sent to them

Alex Watts :

You can ask .

Alex Watts :

Alex W

Customer:

do I tell the tenant I they will be hearing off my solicitor

Alex Watts :

No - let the Solicitor do it all

Customer:

ok, I will do this, how much is the letter do you think £200 or more?

Alex Watts :

About that.

Customer:

I hope this calms this situation down, it really is silly.

Alex Watts :

Indeed I agree

Customer:

Thanks time. I trust I can't hire you then which is typical

Alex Watts :

Sadly not. I would like to helped.

Customer:

send me you email and you can

Alex Watts :

If this answers your question can I ask you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Alex Watts :

Sadly I can't give you my direct email - against site rules

Ash and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Just recieved a letter from the Family Court in Norwich


 


It says the following:


 


Before District Judge Gilbertson siting at The Family Court in Norwich. The Law Courts Bishops Gate. Norwich, Norfolk, NR3 1UR on 21st January 2015.


 


IT IS ORDERED THAT


 


1. The Petition be deemed to have served on the Respondent and the Petitioner be at liability to proceed notwithstanding that the Respondent has not completed and returned to the Court Office an Acknowledgement of Service and the Respondent's time for giving notice of an intention to defend be deemed to have expired.


 


Can you tell me what this means.?


 


I received divorce papers a while back and told the court that I was out of country so could not deal with it at that time, I returned a few days ago and have just received this letter.


 


What do I have to do next?


Thank you


Alan Horne


 


 

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