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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 27330
Experience:  Senior Partner at Berkson Wallace
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We are having major issues with the property attached to

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We are having major issues with the property attached to ours. It is rented and the landlord is also the owner. He is allowing the tenants to break the tenancy agreement as well as he has not done any maintenance to the property, even though we have approached him on several occasions.
JA: Because laws vary from place to place, can you tell me where the property is located?
Customer: Immingham DN40 1QD
JA: Has anything been filed or reported?
Customer: Yes I have made a report to the council that the property is being used for a business. I have also reported to the police of illegal vehicles coming and going at the property.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I can elaborate on the details when I speak to someone if that’s ok?

Hello. My name is***** you for the question.

It is my pleasure to assist you today.

I have been in the legal profession, in High Street practice, for almost 30 years so I have wide range of experience in a great many different aspects of law.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you.

Although I am shown as online, I may be dealing with other people, on the telephone, or typing.

Please be assured that you will receive an email once I have written a reply.

Just Answer is not a chat service, it’s an email reply board and therefore sometimes it will be minutes, sometimes it may be longer, even hours or overnight.

I apologise in advance if you suffer a delay.

Kind regards.

What do you mean its a 'business'?

also what 'illegal vehicles'?

how many tenants in property?

Customer: replied 9 days ago.
We bought outhouse three years ago and found out next door was rented. We had some minor issues with the tenants and tracked down the owner of the property, as there was a language barrier with the tenants. The owner said the tenants were moving out and he would try get a nice family etc. He also agreed to get the guttering fixed as it is a shared one and it was causing issues on our property. This never happened and a single Eastern European moved next Ed door. He was very pleasant and lived alone. This has been that way for several months now. We have asked him to lower his voice when on the phone, especially late at night and early morning, which he did and relations stayed pleasant.
Over the last couple of months various vehicles have arrived on the front lawn of the property and they are all illegal but driven. Some of the cars have been dismantled and some have been Bulgarian plates.
Two weeks ago we returned home to find two transit vans parked at the end of the garden next door.
My partner asked the neighbour what was happening. He told him they are not his vans or cars but they belong to his friend and he was breaking them down to sell in Europe. He also told us that the letting agent was up the road and was called Ideal.
We contacted the letting agency and explained our issues. His attitude from the start has been non professional and dismissive. He said he would visit the property to see our issue. I asked when he had carried out the last inspection, his answer did not fit with the time scale of the first car appearing.
The next day he called at our property having taken pictures. He told me that they are breaking the tenancy agreement as there should only be car used for daily use and road worthy. My partner also spoke with him and asked who this friend was who was storing the vehicles. He was told there were three names in the tenancy, although we have only seen one tenant. We have asked him to put all this in writing explaining his intentions, he had not.
We had a visit fro apparently the first person on the tenancy and I have never seen him before. The letting agent was supposed to tell them not to come to our property as my partner was away. The letting agent forgot and the tenant came around to try intimidate me.
I have since found out that tenant actually lives around the corner, but now parks is car on the grass. The police are aware and a log number has been made so I informed them when a car was driven on the road to make room for the tenants car.
Apparently there is a third name on the tenancy and she suddenly appeared a couple of days later. The letting agent does not seem to now the names of his tenants and broke GDPR by showing these names to my partner. The female is now being called the Tenants girlfriend although he introduced himself when moving in saying his wife and family will be visiting sometimes.
So two weeks have passed and nothing has changed. The letting agent told us he would be proceed with informing the tenant have broken their agreements and they would need to bring moving out. Today he has just informed my partner, the tenant who owns the vehicles works away and that he needs more time. They are good tenants and he doesn’t have an issue with them.
We have today put our property on the market and we are worried this issue will affect our sale or loose us money.

You would have been required to complete a Sellers Property Information Form TA6 when selling and that w ould be sent to the buyers sols.

here here are some notes and a link to the form which you can download.

https://www.lawsociety.org.uk/topics/property/updated-property-information-form-ta6-and-guidance-notes-published

the form has been updated and now includes, as the link says, changes in relation to Japanese knotweed, floods, radon, and septic tanks.

The form is colloquially known as a SPIF in the legal profession.

However prior to the update, those queries were in separate forms and if for example there was a septic tank the solicitor would have sent out a separate septic tank questionnaire or rather should have done.

You are not required to volunteer any information but you have to disclose honestly the answers to any questions which are specifically asked.

The form has grown exponentially over the years to include matters which have caused disputes. Some solicitors also have additional enquiries further to these. It has various sections, but summarising them,

1 Boundaries, including who has control any which have moved.

2 Disputes & Complaints including anything which is has been or likely to become a complaint

3 Notices & Proposals

4 Alterations, planning & building control

5 Guarantees and warranties

6 Insurance including claims and anything likely to become a dispute

7 Environmental matters including radon, flooding, septic tanks and Japanese knotweed.

8 Rights & informal arrangements such as anyone else who has rights over the property or whether this property has rights over anybody else’s

9 Parking.

10 Other changes

11 Occupiers

12 Services

13 Connections to utilities.

14 Transaction information.

You would need to look at the form in detail at each question and also your replies.

Note specifically question number 2 so if you are selling I would be inclined to keep quiet about this. Particularly if you are selling because it could indeed screw up a sale. If you have already complained then the property good will be sold before it got to court depending on what you actually want to happen

I was just wondering whether I can help you any further with this. As always, it is my pleasure to help you and I am really pleased that I was able to help you so far.

Please remember that we are always here at Just Answer to help you with your legal and other problems. Thank you for trusting us.

Remember also please, that the thread stays open and I'm happy to clarify anything which may not be clear or which may crop up.

Please don't hesitate to ask for any clarification however small or insignificant it may seem. It’s no trouble.

Kind regards

Stuart

Customer: replied 9 days ago.
Thank you Stuart. Yes I have more questions to ask, however I am about to go away for the weekend. I will continue as soon as I am able.

No problem at all. Any time next week.

Meanwhile, if you don’t have any further questions, I will mark this question thread as complete for now, but don’t worry, the thread stays open if anything else crops up over the course of the next days weeks or months.

I’m glad that I was able to help.

Thank you for trusting Just Answer with your legal problem.

Kind regards

Stuart

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