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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25470
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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We live in a council 2 story flat on the ground floor . The

Resolved Question:

We live in a council 2 story flat on the ground floor . The people upstairs have started putting their rubbish bins outside our bedroom area which the council officer told me when I viewed my flat in sept 2014 was mine ? When I sked them how long the rubbish was going to be there it caused a terrible arguement . I called the council & an estate officer came round & assessed the are , at first he said it would be communal but when we pointed out that it was outside our bedroom he said then they wouldn't be able to put their rubbish bins there ! I have just recieved a letter from him now stating it will be a communal rubbish bin area . Can he change his mind now ?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. may I clarify if you have purchased the property please or whether you rent the property from the council?is the area in question obviously within your property boundary or is it not clear?Is there another area which would appear to be a communal bin facility or if no such other area nearby?Finally, is the rubbish causing an unpleasant smell in your property?
Customer: replied 2 years ago.
It is council property who I rent from . It is on the back of my bedroom , which does cause smells & cats come round to it & foxes & also noise from these animals . We also have had for several weeks bin men on strike & although these have been emptied now it will happen again . They have a really big back garden opposite this area & our garden is at the back of our flat where we keep our rubbish bins .
Expert:  Joshua replied 2 years ago.
Thank you. From what you say is the area within your private garden or is there public access to the garden and the area in question?
Customer: replied 2 years ago.
It is a shared pathway as the neighbours walk past to get to their front door , & we can walk down to our Back garden , it is really like a corner house situation .
Expert:  Joshua replied 2 years ago.
thank you. The starting point is that if the council represented that the area in question belonged to you with your tenancy, they cannot now derogate from that representation. The difficulty however may be that in the absence of any proof of the representation made to you by the council before you took on the tenancy, the council may now deny that you were told as much. in anticipation of this possibility, you may wish to inspect your tenancy agreement to ascertain whether it provides any useful description as to what is included in your tenancy and what is not. Occasionally, a tenancy agreement will even include plan though this is rare. Normally, unfortunately tenancy agreements provide little more than the address of the property and so it is unlikely to be of great assistance though it may.The tenancy agreement is not helpful in this respect, sometimes it will be clear from physical features what is and is not included in your tenancy. Boundary structures such as fences and gates will generally denote the extent of your boundary. However, from what you say because there is a right of way for the neighbours to access their flat, this may also be inconclusive in this case.If this is the position, you may consider falling back on statutory nuisance laws under the environmental protection act which provides that if an activity of a neighbour causes a nuisance to you, in so far as it substantively interferes with your enjoyment of your property, in this case, by causing a bad smell right outside your bedroom window which prevents you from opening the window and permeates into the house, you can seek to take action and the above legislation. You can do so by initially contacting the local authority's environmental department and asking an officer to inspect. This is a separate department of the housing department and has separate powers. If the council officer agrees that the bins amount to a statutory nuisance, he can order that they are moved and it is a criminal offence to ignore the order. If he does not agree that the bins amount to a statutory nuisance, you can appeal the decision internally at the council for another officer to review the decision and if you are still not satisfied, you can refer the matter to the local authority ombudsman free of charge which can independently review the matter.http://www.lgo.org.uk/making-a-complaint/there is an alternative whereby you can make an application personally in the County Court though this incurs a fee of £155 to make the application so what this options open to you, many people prefer to opt for the above route first at least because there is no cost associated with the above. if you decide to make an application yourself to the County court on the grounds of nuisance however you can do so using the following form:http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=424 I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Customer: replied 2 years ago.
I understand what you have said thank you . I was moved by the council because of my Disabilities so the council refurbished the property to provide me with a walk in showere room etc ! I have now found out from other neighbours in this close that my neighbours above me have been involved in fights with other neighbours where upon the other people were moved & they are also involved in a bigger dispute with people down the road ! I feel that the council have moved me into a very vulnerable situation which they should never have done .
Expert:  Joshua replied 2 years ago.
I am sorry to read that. That would be a potential separate matter raised with the local authority's housing department though it is not directly related to the above and therefore it may be sensible to keep the two separate though there is no reason not to raise the issues simultaneously. regarding the bins, if you can deal with the matter through the environmental department of the council and if necessary using the appeals process set out above, you should not have to have any direct involvement with the neighbours in relation to the bins.I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.
Customer: replied 2 years ago.
Thank you for your advice I will take this further to the evironmental dept of the council if I don't get any help from the council officer .
Expert:  Joshua replied 2 years ago.
I hope you make some progress with the environmental department. If I can be of any further assistance as the situation develops, please do revert to me.
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