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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9436
Experience:  I have been practising for 30 years.
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The person who owns the property next door to mine

Customer Question

The person who owns the property next door to mine (attached, both Victorian terraces) lets it to a private company who house 16-18 year olds from difficult backgrounds. Over the last 3 years different young people have come and gone. Some have been quiet and kept to themselves. Others have caused serious disturbance and committed a variety of crimes. Many of these have been handled by the police.
I have attempted to open a dialogue with the owner of the property to understand his motives for letting to this company and see if I can persuade him to move them on. Unfortunately, he hasn't responded to my letters.
A friend of mine said I should pursue two paths:
1. Check the land registry records to see if he's legally entitled to let the property to a private business.
2. Sue him using a tort of nuisance, based on the various crimes committed.
I want to confirm if these are worthwhile paths to follow. My overall objective is to get the owner to evict the company.
Any advice greatly appreciated.
All the best,
Thomas
Submitted: 9 months ago.
Category: Law
Expert:  Nicola-mod replied 9 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 9 months ago.
Hi Nicola,I'm prepared to wait another day or two. Please cancel after this time if no answer has been sourced (assuming there's a refund).CheersThomas
Expert:  Nicola-mod replied 9 months ago.
Hello,
We will continue to look for a Professional to assist you. Yes, we refund on request.
Thank you for your patience,
Nicola
Expert:  F E Smith replied 9 months ago.

As you have been waiting a while for this, I will deal with it for you.

It is unlikely that the land registry deeds will say whether he is entitled to let the property or not to a limited company. If the property is leasehold, there may be a restriction in the lease so it probably is worth looking but I wouldn’t bank on it helping.

You can sue a variety of different courses of action:

refer the matter to the police in respect of the individual harassing you and ask them to be warned under the Protection from Harassment Act

a civil claim against the individuals in common law nuisance

a claim against the landlord for allowing this to happen

a claim against the limited company for allowing it to happen

so you see that whilst what your friend has suggested is correct you can actually go much further than that.

What you might want to do is get a solicitor to write all the parties threatening the applications to court and an application for costs if this nuisance is not abated.

Can I clarify anything for you?

Please rate the service positive. It’s the process by which experts get paid.

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Best wishes.

FES