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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The House next door to us is rented by the Badminton Estate

Resolved Question:

The House next door to us is rented by the Badminton Estate in Gloucestershire.
The tenants moved in last summer and brought with them cockerel/s which has caused stress and is also causing a statutory nuisance which is interfering with the use and enjoyment of our rear garden.
We have approached the tenants, regarding re-homing the cockerel/s, who essentially put us in promise land. We had no other option but to contact the Landlord (Badminton Estate), who managing agent Knight Frank did put in writing that they take nuisance very seriously, however they said they do allow there Tenant's to have Chickens. The Landlord approached the Tenants, who didn't receive the request very well and became very unpleasant can gave my wife verbal abuse. This was reported to the landlords managing agents, who essentially tried to distance themselves from the situation.
The Landlord and agents have not acted in properly and certainly have not considered the impact to residents/neighbours when they moved the tenants from a previous Estate owned property.
I know I can address the issue with the local council via the Environmental Protection act, however I would prefer to first make a claim under common law for damages to the landlord (Badminton Estate), for the private nuisance that has caused and is interfering with the use and enjoyment of our premises.
I understand that the landlord should legally set out in the terms of the tenancy, which should include tenants agreeing not to make unnecessary noise or nuisance that may result in stress being caused to neighbouring residents.
A list of emails between myself and the Estate that state they take it very seriously although they are essentially are trying to push themselves away from there responsibilities. I think the only way I can stop this is taking the estate to the small claims court for damages.
Can you please advise?
Rob Goodwill
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Have you reported this to the Council at all?
Customer: replied 1 year ago.
No, I would prefer for the landlord to deal with it.Also we didn't want a neighbour issue when we cam e to sell the house
Expert:  Ash replied 1 year ago.
The difficulty I see Rob is that you can not sue the Landlord, because they are not the ones causing the nuisance, it is the tenant. Just because they are ineffective at making a the tenant be quiet does not in itself give rise to an automatic claim against them.Your main course of action would be against the tenants, because it is the tenant making the noise.You should really get a Solicitor to write to the tenants, ask them to stop or say you will seek a Court order. If they refuse then you can issue proceedings by using form N1:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdfAnd I assume you will want to limit/stop the noise so need to also complete form N16a:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdfThe Court will list the matter for hearing and decide whether to make an order and award compensation.If the Court does make an order and they dont comply with it, then this could be contempt of Court which they can be warned, fined or sent to prisonCan I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Alex,Thanks,I looked online, and found that under GUIDANCE ON LANDLORS RESPONSABILTIES TO TENNET NUISANCE - At common Law a claim can be made where there is a private nuisance. This can include a claim for damages for an injunction to prevent the nuisance continuing. A private nuisance is something interfering with the use or enjoyment of someone's premises. Importantly the landlord is not generally responsible for private nuisance if the tenant causes the nuisance. The landlord can be made liable through if, at the time of letting, the nuisance was inevitable or nearly certain to occur in the consequence of letting.The Estate new they had cockerel's from the previous house and let them move him to next door.
Expert:  Ash replied 1 year ago.
I yes I am aware of the guidance. But where there is no contract between you and the Estate then it makes it harder to claim. You would need to have some sort of contract or other connection between you and the Estate.I am not saying you can't do it, but it is hard.In my view your best chances are the tenant. But if you wish to name the tenant as first defendant and landlord as second defendant that may be your best option and let a Judge decide.Does that clarify?Alex
Customer: replied 1 year ago.
Thanks, ***** ***** via a court order as your first suggestion?
Expert:  Ash replied 1 year ago.
Yes. Same process but additional defendant. Does that clarify everything? Alex
Customer: replied 1 year ago.
Yes perfect. Many thanks for your advice.Regards *****
Expert:  Ash replied 1 year ago.
Thanks. If I could ask you to rate my answer before you go today please Rob, otherwise the site does not credit me for the time spent with you. Good luck and have a great weekend. Alex
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