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Max Lowry
Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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I live in a one bedroomed flat above a man who is mentally

Customer Question

I live in a one bedroomed flat above a man who is mentally ill and keeps shouting out he frightens me and though I complain nothing is being done
Submitted: 4 years ago.
Category: Law
Expert:  Max Lowry replied 4 years ago.
Hi, welcome to Just Answer. I will help you with your question.

This is perhaps a difficult one due to him not intentionally shouting out, and this being due to his illness. However, strictly speaking, the reason he shouts etc. isn't relevant to other considerations, such as whether he is in breach of his tenancy agreement by causing a nuisance. It may be that he has a completely forgivable reason for it, but his actions could still constitute nuisance at law and/or breach of the agreement with the housing association.

So, you should continue to pester the association to do something, failing that, you should speak to social services and see if they are able to assist. After all, if he is mentally ill, living without proper support may not be the appropriate thing here and he may need medical assistance.

After that, I would suggest you consider the law of nuisance, and have a solicitor write to the housing association and the gentleman concerned, advising them that this is likely to be actionable as nuisance at law, and that you will consider holding the housing association liable for the tenant's actions, thus forcing it to take some action.