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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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There , We are owners of a terraced house in Market

Resolved Question:

Hello there ,
We are owners of a terraced house in Market Rasen , Lincolnshire , that we bought in Oct. 2014 .
The problem we are enduring on an almost daily basis is with one set of neighbours.
They are renting the property next door and are causing us major problems, we have everything from loud music , door slamming ,adults shouting and fighting both within the property and out on the street , children shouting and screaming up to the small hours of the morning , verbal abuse and countless other issues.
Initially we thought we were buying our dream home as when we came to view it we were foolishly " hoodwinked " into viewing the property while the family next door were on " the school run " , so had no idea of what we were going to endure after buying the property .
The problems have not just begun as many of our other neighbours were aware of what has been going on for a long time .
Initially we tried various avenues to sort out the problems , firstly via the local council.
We had to give them a detailed 6 week account of daily issues and the neighbours were sent a letter about their behaviour and the council initially offered to send us sound recording equipment , but this was withdrawn when a different person from the council informed us that noise recordings were inadmissible in court .
We have also called the Police out on at least 10 occasions and they have been a great help with both contacting the neighbours landlady , as we didn't know how to contact the owner .
We have contacted her on numerous occasions , only after days of ongoing noise and behaviour and not every little whim , but she is " hot and cold " with her level of help.
She has gone from saying she would serve them notice and then in the next breath she tells us , she has a mortgage to pay .
Over Christmas and New Year it has reached new levels to the point that the Police were called out on New Years day and the Police asked me twice if I would make a statement against one of the occupants and go to court if required to which I have agreed .
I have spoken to a local solicitor since the above incident and after explaining what I have listed above , I was contacted 24 hours later to be told that " there are several avenues we could go down " , but unfortunately he could not disclose these as " there would be a conflict of interests ", as the firm he works for is next doors land ladys' solicitor .
This is yet another false start at sorting out our problems , on top of all of this both my wife and myself work long and difficult hours , I work a rolling 24/7 continental shift and sleep is becoming more of a problem also .
On top of everything else , we understand that if we came to sell our property , we would be hit heavily financially as we would have to disclose the on going problems with our neighbours .
We are not alone and several of our neighbours have also agreed to back us if the matter went to court and one lady also sat in on a meeting with ourselves and the land lady giving her unbiased account of what she has witnessed and experienced but again the land lady didn't show any real interest .
I apologise for going on , but I just don't know what to do next at this time and any advise to progress to resolve this issue would be appreciated .
Regards ,
Mr Stuart Allbones .
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
For now please let me know whether you have reported this to the council at all?
Alex
Customer: replied 1 year ago.
Hello Alex , yes as in my above email , we contacted Lincoln county council environmental department , initially we had to send off written notes of what occurred on a daily basis for a period of 6 weeks and on receipt of these we were contacted to confirm we had a problem to resolve with the neighbours and a letter was sent to them regarding their behaviour , this had little impact and we were initially offered sound recording equipment and a council officer to come and " sit for a period of time to monitor the noise " .
This seemed like a good idea but with much of the noise coming outside of " office hours " , as in late at night and weekends , we couldn't pursue this offer .
The council then emailed back at a later date to inform us that " noise evidence is inadmissible in court " , so we are back to square one.
Expert:  Ash replied 1 year ago.
Did they install the equipment, I am not quite clear?
Customer: replied 1 year ago.
No , we were told that " noise recording equipment evidence was inadmissible in a court case "
Expert:  Ash replied 1 year ago.
That's not correct, it can be used in court if over a certain level. You should write and ask them consider prosecuting. If they won't then you should write to the chief executives office and make an official complaint. That will then be investigated and if you are not happy with that response you can go to the local government Ombudman who will investigate your complaint. They offer a free and Indepednent service at www.lgo.org.uk
Or you can seek your own injunction by completing forms n1
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
And N16a
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
The court will list the matter for hearing and decide whether to grant an injunction stopping the anti social behaviour. If the court grants an order and they breach it, this is contempt of court which they can be warned, fined or sent to prison.
Can I clarify anyhing for you about this today please?
Alex
Customer: replied 1 year ago.
Thank you for that information Alex , just one last question , with the next door neighbours renting the property , is the land lady at fault in the same way that her tenants are ,what I mean is, do the above laws apply to her as well ?
Expert:  Ash replied 1 year ago.
No. It's only the tenants causing the issue not the landlady.
Does that clarify?
Alex
Customer: replied 1 year ago.
Yes thank you for your help AlexRegards,Stuart
Expert:  Ash replied 1 year ago.
Good luck
Alex
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Ash, Solicitor
Category: Law
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Experience: Solicitor with 5+ years experience
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