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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10664
Experience:  30 years as a practising solicitor.
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I am a yr. old widow and have lived in a sheltered housing

Customer Question

I am a 69 yr. old widow and have lived in a sheltered housing semi detached bungalow for 14 yrs. with no problems.
Last year a younger couple moved in next door.
Since moving in they have made constant complaints to the Housing Association landlord
about noise from my property.
Earlier this year they had noise monitoring equipment installed in their property on three separate occasions (of about 10 days each time) No noise was reported.
Complaints continued and in August the landlord sent a letter saying that they may consider a 'notice seeking possession'.
Again, complaints continued and on 1st.October the landlord issued me with two notices, the first was 'notice seeking possession' and the second was a 'notice of demotion of tenancy'. Both were accompanied by the same report giving particulars of noises recorded on a noise monitoring machine installed next door between 13th.August and 22nd.september.
This report (covering 40 days) consisted of 39 individual noises comprising 'very feint thuds to knocks and bangs.' all of which were between the hours of 7.00am and 11.00pm
Note: The housing association staff visited me on two occasions and concluded that the noises were caused by poor quality and fit of room and cupboard doors.
The neighbour has a history of making noise complaints over a number of years and was moved from a local block of flats (owned by the same housing association) to next door to me following noise complaints against his neighbours. He seems to have a very powerful influence over the housing association who 'jump' to his every demand.
Questions: Could the noise report be enough for a court allow a demotion of Tenancy ?
Could the housing association be requested to withdraw the notices ?
Regards *****
Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
Does the report provide dB readings?
Customer: replied 1 year ago.
The report does not provide dB readings.
It shows dates, times and a their interpretation of the noise i.e. 'a knock and a thud' , 'a feint knock and a thud' ,'a bang', 'a muffled bang', 'two bangs', 'a knock and soft bang'. Each entry is finished with 'were heard coming from the property'.
Expert:  JGM replied 1 year ago.
I would go to see your councillor to complain about this. There is insufficient evidence taken to justify the council's actions.
JGM, Solicitor
Category: Law
Satisfied Customers: 10664
Experience: 30 years as a practising solicitor.
JGM and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I don't understand your comment regarding the 'council's actions'. The Housing Association is not a council run organisation.
Also,my main query is 'if there is insufficient evidence for legal action by the housing association can they legally withdraw
the notices (which indicate that they are live for 12 months) prior to the date when they will automatically lapse (01/10/15) unless court action is taken by them in the meantime.
Thanks and regards
Expert:  JGM replied 1 year ago.
Sorry I should have said housing association but you can still complain to your councillor who may intervene on your behalf.
The notices can be withdrawn at the association's instance.
Customer: replied 1 year ago.
If the housing association refuse to withdraw the notice of demotion of tenancy am I able to approach the county court to ask them to instruct the housing association to withdraw the notice based on the fact that they have clearly insufficient evidence to bring a case to the court. (the problem is that the notice is in force for 12 months during which time I am afraid to open/close cupboard, wardrobe or room doors.
Expert:  JGM replied 1 year ago.
The notice should tell you what the right of appeal is. Can you check it and revert to me.
Customer: replied 1 year ago.
The notice does not give any information with regard to a right of appeal.
Expert:  JGM replied 1 year ago.
The notice has not yet gone to court I presume. The procedure at this stage would be ask the council to review the decision to serve the notice on the basis that their own staff have concluded that any noise arises from the design of the houses rather than any deliberate attempt on your part to act in an anti social way.
Customer: replied 1 year ago.
I asked a question regarding my tenancy and noise complaints but I cannot find either the question or the answer on this site, so I will repeat as follows.
If the landlord takes the case to court (i.e. to obtain a demotion of tenancy) and loses, can I claim my costs for a solicitor to represent me. Note: I am not able to claim legal aid.
Expert:  JGM replied 1 year ago.
Yes, if the landlord loses you can claim costs.
Customer: replied 1 year ago.
A few days ago I thought I had sent the following question but can't find the question or answer (I probably pressed the wrong button)
Question - If the landlord refuses to withdraw the 'notice of demotion of tenancy' or to take it to court I will have this threat hanging over me for 11 months which is the period for which the notice is in force. Could I force the issue by taking legal action to have the notice withdrawn?
Thanks
Pamela Richards
Expert:  JGM replied 1 year ago.
The notice is just a notice. The landlord has to take you to court to get the demotion order. At that stage you can defend the proceedings.
Customer: replied 1 year ago.
Thanks for your quick response. However, my query was - If the landlord does not withdraw the notices or take me to court soon can I take legal action against him to force him to withdraw the notice now. Otherwise it will stay in force for a further 11 months during which time I am afraid even to sneeze in case the complaining neighbour makes even more complaints.
Regards *****
Expert:  JGM replied 1 year ago.
There is no mechanism for this as far as I know. You would only defend any court action the landlord raised to demote the tenancy.

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