How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask ivorylounge Your Own Question
Category: Property Law
Satisfied Customers: 33517
Experience:  Barrister at Self Employed Barrister
Type Your Property Law Question Here...
ivorylounge is online now

We have a property in a block of 5. The lady upstairs is

This answer was rated:

We have a property in a block of 5.
The lady upstairs is a problem, non payment of service charge, CCJ's ignored, known to Environmental health, appears to trat the law as a sport etc.
Her apartment is leaking into ours and has soaked the mattress on 4 occasions.
We have asked her to get the work done to replace the leaking french windows which then leak into our flat. We have asked her to provide the name of her solicitor if she wishes to deal with us that way. We have offered to pay for the work to be done providing she uses our builder and signs via a solicitor.
She has not responded to any of the above what do we do?
We cannot use our bedroom at all, my husband is 70 and has a bad chest.
My starting point would normally be a solicitor's letter and the threat of legal action. You can seek an injunction against her and costs. In addition I would be minded to go back to the environmental health department. In cases where neighbours may be breaching public health or pollution laws, the local authority environmental health department have many powers.In particular a notice may be served on the neighbour, requiring the abatement of the nuisance. This means they are required to stop, or deal with, the nuisance. I also wonder whether she has mental health issues. Happy to discuss. Please rate positive.
Customer: replied 2 years ago.

I am concerned re the length of time things take. She managed to string out a CCJ for a further 2 years by making counter claims which she then did not turn up for the hearings.

She does not have mental heath issues that we know of but has caused problems for all the neighbours over the years.We understand she has some legal sec training and appears to be able to work the system.

If we go down the court process how long do these things take....we could have no ceiling left!

If there is a real risk of danger such as presently you could be in court within a few days - because the damage is ongoing. You would need to instruct solicitors but this may well be the best option. I hope this helps - please rate positive.
Happy to discuss but please remember to rate positive
ivorylounge and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Can you tell me under what Act I can get her into court quickly.

Will solicitors act that quickly?? or should I say how do I get them to act quickly??