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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 19638
Experience:  Solicitor
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I have problem neighbours in the flat beneath me, who have

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Hello, I have problem neighbours in the flat beneath me, who have been given three warnings by the council after 12 months of problems. They have had their electronic equipment seized and had numerous police visits. The council has witnessed the noise multiple times, and the occupants have repeatedly broken the law (covid rules and smoking drugs) and on several occasions have had to have the police called for domestic issues. So far neither the leaseholder of the building, the landlord of the property, or the letting agent have taken any serious action to control these tenants and evict them, despite both myself and the flat below them lodging complaints for over 12 months.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I am just getting to the point where I want to know if I can legally compel one of the property owners to evict these people
JA: Where is the flat located?
Customer: Folkestone in Kent. It's a purpose built 1950s block. The flats are a mix of rented and owner occupied (I am an owner). It is a leasehold, and I pay fees to a management company to run the building - this company has taken no action against either the leaseholder of the flat below, or direct action against the tenants within it
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: This has been going on since July 2020 and there is a large amount of correspondence and evidence

Hello, my name is ***** ***** I will help you. I am just reviewing your question. Hopefully, we can get this resolved quickly.

Hopefully, we can get this resolved quickly.

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Please note; there may be delays between messages as the experts on this website all work on a third party basis and are not online full time however, I shall endeavour to respond to your question as soon as possible. I look forward to assisting you in this matter.

Don’t worry you do not have to wait here for an answer and you will get an email when I respond.

Now let me just take a look and your question and I will see if I can provide an answer for you.

You need to write a letter to the Landlord, set out your losses and request compensation within 30 days or say you will go to Court. This is called a pre-action protocol letter of claim. You should make sure you send this signed delivery and keep a copy. You must give 30 days warning before going to Court.

If they do not compensate you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7 and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value, you would need representation for trial.

If you do want legal representation you can get a public access Barrister. They are far cheaper than going to a Solicitor direct. You can get a public access Barrister at: www.clerksroom.com

I hope that my reply helps.

Can I clarify anything for you about this today, please?

If you need anything further I am available for a follow up at no extra cost.

I was just following up to see if there is anything else I can assist you with today? If so, just let me know.

If not, then I am happy to have been able to assist you.

Customer: replied 5 days ago.
Thanks for the info. I'm not quite clear what demanding compensation will do? I'd rather they evict the tenants.
Customer: replied 5 days ago.
I haven't directly lost money, and it would struggle to quantify damages

Yes, but you would need a Court order for that.

I dont see how you can seek a Court order to make them do that. Its their choice.

Your damages are loss of enjoyment and amenity.

I dont think you can claim more than £25,000 or so in damages.

I hope that helps

Customer: replied 5 days ago.
OK thanks for the information. I will try to calculate a loss of earnings etc and look into submitting it to court.

My pleasure.

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