Nuisance neighbour has more rights than us, even when he's in prison.

elvis86

Probably here to vent more than anything, as thus far I've found that the legal system is 100% designed to protect the perpetrators rather than the victims, so I doubt that anyone will tell me any different but here goes.

My partner and his next door neighbour have been having a nightmare with my partner's upstairs neighbour for a couple of years. Partner owns his flat, but it is ex-council and the tenant in the flat above (it's a masionette, looks like a house but is 2 flats, one on top of the other) is a housing association tenant, the lady in the house next door is also housing association.

This guy is an unemployed alcoholic from a family of scum-bags, who come around at all hours and stand outside my partner's flat screaming at the guy upstairs (to let them in etc). He only got the flat as he was with a girl and she was pregnant, but she's now long-gone but of course, this guy gets to keep the 2 bedroomed flat that could provide a home for a family that needed it.

Anyway, my partner's next door neighbour has sufferred the most in the past, she even has an injunction against the guy upstairs. The housing association have finally started proceedings to try and evict him, after months of this lady keeping diaries etc. But the process of evicting him is so painfully slow!:(

The guys has actually been in prison since June (apparently he still gets his rent paid for him whilst he's inside as he got a relatively short sentence - so we taxpayers are actually paying for accomodation for him twice over, a 2 bedroomed flat AND his prison cell!:mad:), so it's been relatively quiet. However, we have heard people upstairs so it seems that his family/associates are still using the flat (for god only knows what).

The first court hearing was yesterday, he didn't turn up but his dad did, telling the judge that he didn't attend because he has learning difficulties (we're not sure whether the Judge is aware he's actually in prison - you wouldn't believe how un-joined up it all is!). Subsequently the case was adjourned for 3 weeks as the Judge dictated that this guy must be legally represented.

We arrived home last night to discover that someone has broken in to my boyfriend's flat. They've not stolen anything, widescreen TV and computer all ignored. No, they've just been in each room, trashed it, and smeared blood all up the walls from an injury sustained when they broke the window.:( Police have taken forensics but we're told results could take a couple of weeks.

We've been in touch with the housing association and made clear that we strongly suspect that this has something to do with this guy's case and probably whoever is living in his flat. We've basically been told that even though he's in custody, it's his flat and he can allow whoever he wants to live there.:mad::mad::mad:

So in the meantime, we just sit and wait for forensic results from the police/the next hearing in 3 weeks. Partner's window is boarded up and we're both too scared to stay in the flat (for one thing, I don't want to leave my car outside).

As I said from the start, I'm sure all of this is perfectly correct, but it just seems so bl00dy unfair and I need to vent my frustration!!!

puddy

i understand your fear anger and frustration but how does he have more rights than you?

he's being evicted, its slow, but all legal processes are. you also have the option to put in statements to the court (although check this as the housing association are the applicant rather than you, you might need to do this via the HA) so you can say that he is in prison and that your lives are being made unacceptable by the problems in the flat

the HA are taking it seriously and have applied to get him evicted,, so at some point he will be gone

elvis86

:mad::mad:

puddy wrote: »

i understand your fear anger and frustration but how does he have more rights than you?

he's being evicted, its slow, but all legal processes are. you also have the option to put in statements to the court (although check this as the housing association are the applicant rather than you, you might need to do this via the HA) so you can say that he is in prison and that your lives are being made unacceptable by the problems in the flat

the HA are taking it seriously and have applied to get him evicted,, so at some point he will be gone

I know, I know. I did say I was probably just venting! It just feels like everything is skewed in his favour and the process is so slow.:(

His neighbours have to take the risk of speaking up and complaining about him, he gets to read their statements and then come back to his flat and intimidate them whilst matters are adjourned etc.

He gets sent to prison and his rent is still paid for him. I'm not stupid and I understand the rationale behind it as he's only serving a short sentence, but it's frustrating when as a working person, you know that if you got sent to prison the state wouldn't pay your rent or mortgage for you and you'd probably lose your home.

Whilst he's in prison, he can apparently allow whoever he wants to live in the flat. Regardless of how unsuitable or anti-social they are. His flat is his to do what he likes with, whereas we're prevented from enjoying ours (which we actually own!) because of him and his scummy family.

He gets allowance made because he's an alcoholic. Extra sympathy because he's got learning difficulties. Extra sympathy because he's on DLA. I'm sorry, but he's capable enough to go thieving and assaulting folk, it's a hard pill to swallow that he deserves allowances because of his "issues".

The final straw, is that the lady next door (who works to support 2 kids single-handedly) has fallen behind with her rent and is also facing eviction. However, apparently the process to evict her for not paying her rent is way quicker than the process to evict the scumbag upstairs for making everyone else's life a misery!

I know I sound like a Daily Mail reader, but just seems so unfair.:mad::mad:

theartfullodger

Not a good experience : Do you have crime reference numbers from these various incidents & copies of the letters you wrote to HA, Council, Police, MP etc about what's happened?

elvis86

I'm sure the lady next door has way more than us, I think she was required to keep diaries and everything.

We have a crime reference number for last night, but most other things have been disturbances etc. There were 2 previous incidents where windows were broken. One was definitely related to the guy upstairs, but he'd not long moved in and did apologise, so my OH gave him the benefit of the doubt and didn't report it (he's bl00dy SOFT!). I think the other was reported to the police but nobody was every prosecuted (it was almost certainly another of the guy upstairs' family members/associates mistaking my OH's kitchen window for his as the building looks kind of like a house).

All correspondence with the Housing Association has been via email, my OH and the lady next door both prepared affidavits for the hearing yesterday.

I just can't see light at the end of the tunnel.:(

lolseh

Wow do you live across the road from me!? Sounds very much like a situation where I live.. Police have been involved but nothing ever gets done because the police seem to be their best friends.. Not advice other than you have my sympathy.

elvis86

lolseh wrote: »

Wow do you live across the road from me!? Sounds very much like a situation where I live.. Police have been involved but nothing ever gets done because the police seem to be their best friends.. Not advice other than you have my sympathy.

Sorry to hear that the police aren't being very helpful in your neighbourhood.:( To be fair, when we called them last night they were very good. I thought we might be waiting days for anyone to come, what with all that has been going on, but it was only a couple of hours and they were very helpful. They sent a forensics team an hour later, but unfortunately we have been warned that their labs are overrun with work from the rioting, so it may be a couple of weeks before they get a match.

CautiousWithMoney

Well, at least the scumbag will be evicted soon...and the idiot who broke into your flat WILL be caught eventually - thank god for DNA!

elvis86

CautiousWithMoney wrote: »

Well, at least the scumbag will be evicted soon...and the idiot who broke into your flat WILL be caught eventually - thank god for DNA!

I really hope so, but I'm not overly optimistic.:(

He's in prison, so even if there's a DNA match to his dad or his brother, I imagine that the official line will be that he can't be held accountable for their actions. Even though he attracts these scumbags to the street and allows them to stay in his flat.

He has all of his "issues" to bleat about (being an alcoholic, having learning disabilities et all) and make the court feel sorry for him.

I just cannot believe that someone's behaviour towards his neighbours can be acknowledged as being bad enough for an injunction to be granted against him, and yet this isn't enough for a housing association to evict him!

When he's released from jail, we're going to be in a completely ludicrous situation where the guy is prevented from harassing my partner because of an injunction, but can live 4ft above him in the flat upstairs!?

poppysarah

He's responsible for anyone currently using his flat. If they're causing a nuisance too they need reporting.

DannyboyMidlands

Don't buy a flat in an area where scumbags live.