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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My lives abroad and is letting his flat. Today after the agent

Customer Question

My lives abroad and is letting his flat. Today after the agent had shown a prospective and very interested tenant around and as they were leaving the premises the neighbour approached the agent and the tenant shouting "what are you doing walking on the stairs in a way to make the house - dont you know we have issues here around noise?..........." Exit one very interested tenant.
My daughter has been living in this flat past 5 years (she too has now had a posting abroad - hence the letting). During this time the neighbour has been a nightmare - to the extent that he had the council environmental people visit my daughter at midnight on one occasion complaining that the "radiator was gurgling too much" .........I rest my case. His complaints became so horrid that my daughter stopped having friends visit and I very rarely visited and then walked about on tip toes in case he knocked on the ceiling. It has been a nightmare - we have put carpets on the floor, had a new boiler put in, etc etc it just never stopped. I want to now take legal action - and would like to know my options. But the main question I would like to ask is what sort of a lawyer should I approach . I need this resolved asap as we are losing money as this continues as well as option e/g/ Protection from Harrassment Act? Restraining Order? Have him evicted (it is not his flat) - we have tried talking through the years - no point - Only way i can see is the legal route. Please help
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

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

Alex Watts :

please let me know whether anything has been reported to the Police or Council regarding anti social behaviour?

JACUSTOMER-bjxi3qni- :

Nothing has been reported to the police , however as I have said earlier the neighbour about whom I am seeking advice has gone to the council and they visited re his complaint that the gurgling from the radiator was too loud!! We have emails to this man and the word of the estate agent and the prospective tenant , which in my view not alone constitutes harrassment and anti social behaviour but is affecting us psychologically and financially . An estate agent going up the stairs in a normal way what is wrong with this .?

JACUSTOMER-bjxi3qni- :

I am not at all happy with what is happening here - what does it mean expert is disconnected - without answering my question ? for £56 and I am unable to talk with a real person about this. Sorry this is disgraceful? Please tell me what is going on

Alex Watts :

I am here, but it may show me being offline as I am on the train

Alex Watts :

I would report it to the Police as harassment and the Council as anti social behaviour

Alex Watts :

The Police may or may not warn the offender

Alex Watts :

The Council may or may not take action

Alex Watts :

But you can take civil action if you wish. You can get a Solicitor to write and ask him to stop harassing you or the tenants or say you will seek a Court injunction if he does

Alex Watts :

If he ignores this then you can apply injunction.

Alex Watts :

You would need to complete forms N1

Alex Watts :

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

Alex Watts :

And N16a

Alex Watts :

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

Alex Watts :

You are asking the Court to prevent any form of harassment. The Court will send a copy to the other side and list the matter .

Alex Watts :

The Court will see if the injunction is contested and if so, set the matter down hearing and give directions.

Alex Watts :

In the interim the Court will decide whether to make an interim injunction order

Alex Watts :

If the Court does and it is breached then he will be in contempt of Court. He can be brought before a Judge and warned, fined or sent to prison

Alex Watts :

You clearly will need a Solicitor to bring the claim which you will have to pay for. If you win then you could claim costs

Alex Watts :

Can I clarify anything about this today please?

JACUSTOMER-bjxi3qni- :

Thank you sorry abrupt - this man has almost made me lose my mind. thank you

Alex Watts :

Indeed. Can I clarify anything else about this at all?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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