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House next door in disrepair

Hi All,
Not sure if this is in the right forum but here we go.

The house next door to ours is in a state of advanced disrepair, rotten windows, collapsed guttering, damp problems, massively over grown back garden just for starters. The house is rented by a gentleman who has lived in this state for the last 27 years.

Having spoken to the Landlord (Countrywide) they state that the tenant will not let them have access to the property to do repairs and/or they cannot carry out repairs because the builders will not work in the overgrown back garden. To cut a long story short we are now fed up trying to get the Landlord to sort the situation out as it is easier for them to do nothing than deal with the situation.

So my question is what legal moves can I make to force the Landlord to sort this mess out? This is seriously affecting the value of my property due to the state of the place and I am worried about collapsing guttering etc doing damage to my house.

Any help gratefully appreciated.
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Comments

  • When did you move in?
  • poppysarah
    poppysarah Posts: 11,522 Forumite
    Have you bought or rented?
    How do you know who the nextdoors landlord is?
  • spud163 wrote: »
    Hi All,
    Not sure if this is in the right forum but here we go.

    The house next door to ours is in a state of advanced disrepair, rotten windows, collapsed guttering, damp problems, massively over grown back garden just for starters. The house is rented by a gentleman who has lived in this state for the last 27 years.

    Having spoken to the Landlord (Countrywide) they state that the tenant will not let them have access to the property to do repairs and/or they cannot carry out repairs because the builders will not work in the overgrown back garden. To cut a long story short we are now fed up trying to get the Landlord to sort the situation out as it is easier for them to do nothing than deal with the situation.

    So my question is what legal moves can I make to force the Landlord to sort this mess out? This is seriously affecting the value of my property due to the state of the place and I am worried about collapsing guttering etc doing damage to my house.

    Any help gratefully appreciated.

    To be honest, I'm not sure there ARE any legal routes you can take at the moment (you'd need legal advice on it - which, hopefully, you might get here) but BEFORE you start down that route (which may turn out to be a costly one), I'd strongly recommend that you try some of the following first ...

    Countrywide's excuses sound pretty feeble to me .. Presumably he's still paying his rent, so they're not bothered. Are they the actual owner or are they acting for the owner? (If the latter, you could try finding out who the owner is and contacting him/her directly - pointing out that Countrywide is allowing the property to deteriorate and thus affecting its value). Also, that as your own property is at risk, Countrywide are also putting the owner at risk of being sued in the future.

    In your situation I think I'd also call Environmental Health - especially if you've seen any signs of rats around (common in overgrown gardens, if rubbish is left lying around). Even if they can't help, I would think they would know who to contact next.

    Also, I can't see that it is going to be healthy for an individual to live in a house like this - it MUST be damp inside and that's not a healthy environment to live in. If he's elderly, then maybe a call to Social Services? You'll need to emphasise how concerned you are about him, etc. etc. (DON'T talk to them about how the deterioration of the house is affecting your property ... it will just put them off).

    Let us know how you get on.
  • tbs624
    tbs624 Posts: 10,816 Forumite
    edited 19 January 2012 at 11:02AM
    poppysarah wrote: »
    Have you bought or rented?
    How do you know who the nextdoors landlord is?
    OP says that "the LL is Countrywide" - may mean they are simply the LA though.

    OP if this T has been in situ for 27 years it is likely that they have a regulated tenancy and are paying a pretty low rent. LLs who own/ buy up such properties can tend to be loathe to pay out any money on repairs & maintenance and obviously if a T is awkward about providing access it will make it harder for them.

    That said, if your property and this one are actually attached the LL should be working with you on things like gutters

    The fact that you think the state of the property is affecting the value of your own is not what you should be focusing on.

    Have you spoken to the local Env Health Officer?

    Do you have legal advice cover on your home insurance?
  • Thanks for the replies.

    I brought the property I live in back in 2009. The reason I am getting really fed up with it now is I am still waiting for Countrywide to come and fix the fence that fell down, mainly due to the weight of trees etc behind it and the fact that it is not maintained due to the fact you can't get to it from that side. This means I can't let my little one into the garden and I am fed up of complaining.

    The identity of the landlord was found out by talking to the neighbours of another one of their houses, who pointed out it is a Countrywide house. AFAIK it is owned by Countrywide.

    I think a meeting with my solicitor maybe in order. I have tried the council but as usual they don't want to know. The tenant is unfortunately not old enough to fall into Social Services radar. But yes the house must be a health risk with mould on the inside of the windows, broken windows and the roof must leak seeing as I can see into the loft from outside!
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Countrywide are (almost certainly) not the landlord. They will be the LL's agent.

    Check with the Land Registry for £4 to find the owner.

    If the landlord/agent wanted access, they could get it. However they would needt o go to court to get it. Given what you say, most courts would award them access for repairs.

    You cannot force a neighbour (eg the landlord) to maintain their home, or to keep it tidy for the sake of the value of your own property, but if damage is being caused to your property, then you can claim. Again, your claim is against the landlord, not the tenant and not the agent. Sadly I also suspect you cannot claim/enforce against potential damage ie if the guttering has not yet collapsed/caused damage to your property, then it's none of your business (legally, you understand).

    If there is a health hazard (eg rubbish in garden attracting rats) then Environmental Health at the council can get involved.

    But step one is clearly to find the landlord and write to him/her with your concerns, pointing out he will be liable for any damage to your property.

    My guess is, however, that the LL is stuck with a protected tenant. 27 years? This is not an AST. The rent is quite possibly controlled and the tenant cannot be evicted, so the LL is receiving peanuts in rent, cannot evict, nor can he sell as noone will buy with a sitting tenant. In those circumstances, the LL may be reluctant to throw money at a property which is a millstone round his neck!
  • Surely the state of the place also affected the value when you bought? So you haven't really lost anything.

    I can appreciate that nextdoor is unsightly but you may just have to put up with it and botch up a bit of fencing.
  • G_M wrote: »
    Countrywide are (almost certainly) not the landlord. They will be the LL's agent.

    Check with the Land Registry for £4 to find the owner.

    Unfortunately the Land Registry search doesn't show any details on file for this house. It does for mine so I can only presume that it is because it was sold before computer records. Are there any archives that can be accessed to find this info out?
  • anselld
    anselld Posts: 8,611 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The local planning authority has the power to issue a section 215 notice if the property is considered to have "adverse affect on the amenity of the area".
  • dodger1
    dodger1 Posts: 4,579 Forumite
    spud163 wrote: »
    Hi All,
    Not sure if this is in the right forum but here we go.

    The house next door to ours is in a state of advanced disrepair, rotten windows, collapsed guttering, damp problems, massively over grown back garden just for starters. The house is rented by a gentleman who has lived in this state for the last 27 years.

    Why did you purchase your property next to this wreck. If he's been living like that for 27 years then the house and garden must have been a complete mess when you bought yours.
    It's someone else's fault.
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