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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70179
Experience:  Over 5 years in practice.
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I live in a housing association flat...have done for 4 months.I

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I live in a housing association flat...have done for 4 months.I am a very quiet tenant.I suffer from anxiety and depression and have been under the doctor and on medication for several years.I am up at night because I cannot sleep with my illness.The person in the room below has complained to me about the noise...which is silly because I am sitting in my armchair without tv or music drinking Horlicks and reading the newspaper!...she says she can hear me walking across the floor between 1am and 4 am ...in my "stocking feet"!...(she complained by letter to my letter box)yes I walk very gently across my living room perhaps to get another book or newspaper to read...I think she is up at night listening out for me!...I have written back to her explaining my medical situation and that I have a right to gently walk across my own living room floor at whatever timeand suffer from insomnia...She said today she will "take it further"...and that she "shouldn't have to suffer because of my insomnia!"and I am already suffering from bad health and this is making it much worse...where do I stand legally please?I am not receiving other complaints...and I am actually very quiet but surely walking quietly in my own flat at a time of my choosing is not an eviction offence?Please help!
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
What is your question about this please?
Customer: replied 2 years ago.

What can the tenant do legally and can I be evicted for walking in my own flat?...She is harassing me and I need advice

Customer: replied 2 years ago.

What can this crazy tenant do legally and can I be evicted for walking quietly in my own flat?

Expert:  Remus2004 replied 2 years ago.
You can't be evicted from a flat that you own.
What could, in principle, happen is that the Council could seek an ASBO against if there are noise nuisance issues.
If it just that you are walking around in your own flat then whether or not it is late at night matters not. That is reasonable noise and would not offend.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

it is a housing association rented flat

I am a quiet tenant

this other tenant is causing me stress and harassing me

can a housing association evict me as a rent payer for walking in my own flat please?

Expert:  Remus2004 replied 2 years ago.
Yes, it can be done if there are grounds. There are none here.
Customer: replied 2 years ago.

What legally should I do...stay quiet and get a solicitor?...shout and scream at her?...how do I prove mental harassment here?

Expert:  Remus2004 replied 2 years ago.
Just ignore it.
If she wants to act then it will have to go to court when you can defend it.
Remus2004 and 2 other Property Law Specialists are ready to help you

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