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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71053
Experience:  Over 5 years in practice
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I have neighbors upstairs really dislike me, in the first instance

Customer Question

i have neighbors upstairs really dislike me, in the first instance they called the police stating my son damaged a step, we went to the whole procedure and even the police stated there was something wrong in the evidence, we were supposed to sit round a table and discuss things but 8 weeks on and nothing has been done. Now they have looked at the website, sought put what i do, namely dog sitting, and then contacted management to inform them, who contacted my landlord to tell them what i did was against the terms of the leasehold when he purchased the flat. Having dogs come in and out, even though i am fully insured via my company. They are namely using cctv which they had installed claiming it is for safety, when however they are constantly monitoring my actions. I am sure that this type of harassment is in breach of my human rights, they have one camera pointed to the interior and the camera , for what purpose specifically? the people upstairs are constantly checking the cctv, constantly.
I ma suffering severe distress as they are telling me i can not conduct my dog sitting which currently is my sole means of income, when as i said it is fully insured, which means I could actually have a loss of earning which would jeopardize payment to rent and possible eviction when i have a son too.
As it stands, I realize that installation of cctv is legal and i realise there are safet issues, but i am feeling constantly harassed, and being a former law graduate I am aware of the ground base, but I need something more upon which to work on.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.

what can i do? if it is an infringement of human rights, what avenue is best found?

can a leaseholder be forced by the building management not to conduct a simple dog sitting business?

if it results in a loss of income,that is a grave loss, what compromise can be reached?

in terms of the cctv can there be no clear cut indication as to conduct without it surpassing the limits of harassment for only teh government has the right to hound peoples private lives.

Is it possible for the woman upstairs to be told to stop harassing me?

basically i am not going to just sit down and take it.

Expert:  Jo C. replied 2 years ago.
It is not an infringement of human rights. There was an attempt to extend the HRA in this direction which failed spectacularly.
On your leasehold point, yes. It depends what is in the lease. They can prohibit you running a business at home but that does obviously need to be in the lease.
If there is a prohibition in the lease then you can ask them to vary that but they cannot be forced to do so.
In terms of CCTV, I'm sorry but it is not at all certain this does amount to harassment. CCTV is all around us. Nobody particularly likes a surveillance society but we do live in one. You don't have a human right to be free from that. There is no particular magic in the fact that this is private CCTV and, in fact, the only difference is that there are fewer controls upon the individual because the DPA doesn't apply.
CCTV can amount to harassment but it would need to be something like all cameras in a property pointing at the house of the target and nobody else. If it is just pointed in the general direction or captured in a wide sweep of the area then that is not harassment.
The police can issue harassment warnings but they won't do it if it just that there is a camera recording the approaches to a communal corridor.
Sorry if that is bad news.
Can I clarify anything for you?
Customer: replied 2 years ago.

would the terms of business cover also being affiliated to a charitable organisation which offers free services in terms of dog sitting ( the company is called borrow my doggy and is registered etc) when you are receiving no money for that side, also, if you are looking after a relatives dog , for no payment as there are no other alternatives,again for no payment on that side does this fall under business terms.

Expert:  Jo C. replied 2 years ago.
It depends what the lease says.
If the lease prohibits any commercial activity then this would be a defence but whether it would be accepted that you are not receiving money is another matter.