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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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There We own a terraced house which is currently rented

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Hi there
We own a terraced house which is currently rented to a tenant who has been in the property for nearly 5 years. He is now experiencing lots of problems with the neighbours on one side. The are very noisy until the early hours, are smoking drugs the smell is coming through the walls and he thinks dealing drugs as people are coming and going all day and night. The neighbours are also renting and we have spoken to the landlord who is refusing to help and just hangs up the phone.
Where do we stand legally. The Police have been called on several occasions and the council have been round both seem unwilling/able to help offer any advice what do we do, we don't want to loose our tenant and if we do we won't be able to rent it out again and will have huge bills to pay each month which we can't afford.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Is that house owned or rented please?Alex
Customer: replied 1 year ago.
We own the house and rent it out to a tenant who is experiencing all the problems with the neighbours
Expert:  Ash replied 1 year ago.
Yes, I understand but are the neighbours owners or renting?
Customer: replied 1 year ago.
Renting
Expert:  Ash replied 1 year ago.
Do you know who THAT Landlord is?
Customer: replied 1 year ago.
yes we have spoken to them about it and the are not interested they said as long as they pay their rent they don't care
Expert:  Ash replied 1 year ago.
Have you or your tenant complained to the Council at all please?
Customer: replied 1 year ago.
Yes reported to the council and police on several occasions they seem unwilling/unable to do anything
Expert:  Ash replied 1 year ago.
Ok, that is strange because there are powers under various legislation and most recently under the Anti-social Behaviour, Crime and Policing Act 2014 to take action. I would write to the Chief Officer at the Council and lodge a formal complaint that nothing is being done. That is a free option and it may force the Council into actually doing something.If that does not work then sadly your clients need to issue proceedings against the tenants. You can't do this as you are not affected and it can't be against the Landlord. They would need to seek an injunction to prevent the noise and nuisance.They would need to complete forms N1:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdfAnd N16a:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdfThe Court would list the matter for hearing and decide whether to make an injunction order. If the Court does and they break it, that would be contempt of Court and they could be warned, fined and sent to prison.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Do you have to pay to issue proceedings?
Expert:  Ash replied 1 year ago.
Yes, it would be £280 to issue the claim.Does that clarify?Alex
Customer: replied 1 year ago.
The tenant is on benefits would he be able to get legal aid for these costs?
Expert:  Ash replied 1 year ago.
Possibly but because of the cuts in Government funding, unlikely.Does that clarify?Alex
Customer: replied 1 year ago.
ok thanksyes
Expert:  Ash replied 1 year ago.
Good luckAlexIf this answers your question could I invite you rate my answer before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
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