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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Our neighbour, who lives alone, is mentally disturbed. He is

Resolved Question:

Our neighbour, who lives alone, is mentally disturbed. He is 'under the care' of a mental health team (this means they visit). He is systematically 'trashing' his house inside and out, breaking windows with a hammer etc and has pulled off his front door so it cannot be closed. Water runs down his telephone conduit inside the house. Vermin are around his house. Environmental health have visited, fumigated the house and cut down the ivy threatening to engulf the house.
He cannot be incompetent because he has taken equity release (mortgage)with Aviva. He also sold a portion of his back garden to another neighbour. He is manipulative.
My husband and I have tried to sell our house. All arranged viewings have been cancelled after prospective buyers did a 'drive-by'. We reduced the property by £50,000 but this made no difference. We have taken it off the market.
What responsibilities has Aviva / the man in question. Can anything be done?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Does he own or rent it please?
Customer:

Please read my question - I state that he has taken equity release / an equitable mortgage - and I therefore assume he does own the house.

Alex Watts :

Have Social Services been involved at all?

Alex Watts :

I did read about equity release but did not know if it was part share part owned

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Property Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
I am told you can't see my replies.

Are social services involved at all please?

Customer: replied 2 years ago.


SS is involved but only to support him in his home, which is a four bedroom bungalow, owned by him but where he has taken equity release. I assume but don't know if the entire property was released to Aviva, but understand he has 'a mortgage of the type (in equity release) where he gets a regular income but is not required to pay anything until he dies or goes into permanent care.


I personally think this is a no-hoper. Environmental health enforcement officer came yesterday and says they sent him a bill for the work done in cleaning up the house (which has all now been negated and is back in the condition as before), but he showed them his bank account showing "he has no money".

Expert:  Ash replied 2 years ago.
Sadly there is very little you can do.

I realise it is an upsetting situation. But of Social Services wont do anything, you can't actually take someone to Court for their house or land being in chaos.

It may bring the value of the houses down, but you can't sue for that. Only the Council can take action to tidy and control vermin but even then they can not prosecute.

The person is free to have their own land and property how they want.

I realise this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?

Alex

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