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John LLB
John LLB, Solicitor
Category: Property Law
Satisfied Customers: 1310
Experience:  8 years legal experience
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I have a legal issue with a neighbour - we live in terraced

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Hi, I have a legal issue with a neighbour - we live in terraced housing and I own my property - he does not.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: There have been issues ongoing for years - which have been reported to the police and his landlord. Most recently he vandalised my property and assaulted me on 4th November. Both the police and his landlord are dragging their feet - nothing has been done yet. I need advice on what I can push them to do or if I need to get a solicitor to fight for me.
JA: Where is the property located?
Customer: KT3
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I don't think so.

Hello welcome to the site.

Please elaborate on what you mean on what you can push them to do? What is it you would like to get out of this situation?

Customer: replied 9 months ago.
Hi thanks.
The neighbour in question has been terrorising the street for many years and since 2016 has carried out a number of acts of vandalism and anti-social behaviour on my property and against me, all of which have been reported to his landlord and the police but he has never previously been charged.
The police are now intending to charge him with criminal damage and actual bodily harm against me due to the latest incident on 4th November.
I want him charged, for my costs for repairing my home to be compensated to me and for him to be evicted. I have asked the landlord to evict him and for the properties on the street to be soundproofed as they are paper thin walls and there have been issues between 8 neighbour neighbours (all of whom are L&Q tenants) in regards ***** ***** for many years. I own my home and am a middle house.
The landlords have advised me that they can not evict him - "L&Q do not have the power to evict residents, these powers are with a judge if the case gets to court. For L&Q to commence legal proceedings, we will need the support of independent witnesses and a history of evidence to demonstrate the breach of tenancy. Once this information is gathered, it is not guaranteed that a judge would award possession of the property."
This is what I am querying as I do not believe the landlord but I don't have the knowledge to argue with them.Also, regarding soundproofing they said "L&Q will speak with our resident directly regarding sound proofing, but our responsibility would end with our properties and would not extended to privately owned properties." I wouldn't expect them to soundproof my house as I own it but I do see this as a realistic solution to a huge ongoing problem. Can I push for this and get the other tenants involved to achieve this?
The local council is also involved regarding the anti-social behaviour and hopefully we will all be meeting next week to discuss the matter. I would like to be armed with the correct information before that meeting.
Thank you.

Thank you for explaining. Sorry to hear what you are going through. The police are intending on charging him with criminal damage and ABH. ABH does carry with it a maximum penalty of 3 years in prison and if convicted you could possibly get compensation from the Criminal Injuries Compensation Authority. You also could bring a civil claim against him for the damage to your property and obtain compensation this way, as well.

In respect of eviction, it is correct to say that this can only occur if there has been a breach of contract between that tenant and the landlord, unfortunately you cannot make the landlord evict him but there are other measures you could take such as issuing an injunction against him and/or making a complaint to the council for the noise. The noise can be classed as a Statutory nuisance which is covered by the Environmental Protection Act 1990 and the council can issue an abatement notice. If they agree that a statutory nuisance is happening, has happened or will happen in the future, councils must serve an abatement notice (usually on the person responsible). For something to be regarded as a statutory nuisance it must unreasonably and substantially interfere with the use or enjoyment of a home or other premises. The abatement notice could be served on the premises owner i.e. the landlord so this could be a roundabout way of having him evicted, especially as the penalty for non-compliance is fines for each day they do not comply.

I hope I have assisted and hope you have found my answer useful. Please take a moment to provide a positive rating by clicking the stars above. Kind regards, John.

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