Some advice please - selling with difficult neighbour

Pixie5740

I had a problem with noisy neighbours with a flat I owned in Glasgow. I found Glasgow City Council's antisocial behaviour team really helpful. Part of the problem was down to poor soundproofing between the flats and part of the problem was that my neighbour had hung the television on the adjoining wall and listen to films...loudly....in the wee small hours of the day so I didn't get a full nights sleep for months.

The LL, whoever is letting the property to this woman, has a legal responsibility to ensure that the tenant is not a nuisance to the neighbours. Now in your case, because it's shared ownership, I'm not sure who her LL is. Is it the person sub-letting the property or is it the HA as well? Might be worth giving Shelter Scotland a ring to clarify that. LL in Scotland must register with the local council, it's a legal requirement and can face a fine of up to £50,000 if they don't.

When I spoke with the council's antisocial behaviour team I was relieved because someone believed me. They were interested to hear I had contacted my neighbour's LA who had done diddly squat and gave them a bollocking for that. Then they took statements from both my neighbour and I. I kept a log of all the noise and my neighbour was threatened with an ASBO if she didn't cease and desist with the noise. Not great since she was a trainee teacher The noise soon stopped.

If you aren't getting anywhere with the HA, start keeping a log of the noise and harassment (sending the police to yours for daring to open a window :eek:) and get in touch with the council. Why should you be forced out your home because of this cow?

Anouchka

Hi Pixie5740

In the case of shared ownership properties the landlord is considered to be the co-owner.

This man, who lived in the flat for several years, has refused to speak to me on the two occasions I have approached him about this. The HA claim to have tried to contact him but as they received no response they are now not prepared to pursue the matter. Unfortunately I have already phoned Shelter. The only suggestion they had was mediation. I had already suggested this via the Antisocial Behaviour Officer but it had been turned down by my neighbour. However I have recently found out that my Council no longer provides this service and I would have had to foot the bill with a private company.

A few months ago I found out that the co-owner of the flat upstairs has never registered as a landlord with the Council. I do hope they are following that up. I also hope the Inland Revenue are checking out just how much rent he is receiving each month!

Apparently sharing owners do not qualify for assistance with neighbours from the HA because they are not deemed to be tenants. Seemingly the money I pay them each month is not rent but an occupancy charge so they can, and have, wash their hands of me.

The Antisocial Behaviour Officer at East Dunbartonshire Council refused even to consider my case until the HA spoke to him on my behalf. He visited myself and tried to visit upstairs. My neighbour failed to answer her door so he put a note through. She phoned him and apparently refused to accept any responsibility at all and placed all the blame squarely on me. It would appear that, other than talk to us, there is nothing more he can do. He, probably rightly, blames poor sound insulation but fails to take into account the only times in 15 years that there has been a problem is when this particular women lives upstairs. I get the impression that his department is only geared up to cope with things such as persistent and easily measurable things such as ongoing loud music.

I kept noise logs aplenty but my neighbour has always disputed their truth and, it seems to me anyway, plays her trump card - the fact that I am traumatising her children. This is despite the fact that I have always said that the children are only a small part of the problem.

[FONT=&quot]I am glad to hear that you were able to feel that someone believed you. My own experience has led me to feel that no one really did believe me. Indeed I am pretty sure my son and my partner had to experience the full horror of my neighbour before they began to take me seriously. I also believe the weak, couldn't care less attitude I experienced from the authorities and the police willingness to pursue each, often pathetic, complaint she made has strengthend her, already huge, sense of right.

I fully appreciate what you say about not letting her force me out of my home. Until recently I thought this as well. However this has now been going on for a whole, very unpleasant, year and is escalating. A recent encounter at my work (a nurse) with a person who has only months to live and is desperately trying to fit in as much as he can into that time, made me realise that life's far to short to be bothering about selfish idiots like her and that the best thing to do is to move on.[/FONT]

Anouchka

Hi

A wee update. Despite the disgusting neighbour upstairs my flat is sold. Amazingly, although I was honest about the state of play between my neighbour and myself, the first person to view the flat bought it, and at a price I was very happy with.

I really hope the people I sold to are ready for my ex-neighbour and that she gets as good (or better) than she gives ......... Luckily I now have decent neighbours and in this way I feel blessed.

going_nowhere_fast

Congratulations!!!

How did you phrase your issues with the neighbour? Might be useful fir me one day.

Anouchka

I am in Scotland so I don't know if the system's the same everywhere else.

I received a form to complete from my lawyer. The section about neighbours asked if there were any ongoing issues with neighbours. My lawyer suggested that this refered to any issues that would continue once I moved out, for example any legal disputes.

Given this definition, in my case there were no ongoing issues and as I now live quite some way from my ex-neighbour I very much hope never to see her again. However because of her propensity to call the police etc., (and there's no way other residents on the street could have failed to notice this) I also noted on the form from my lawyer that my neighbour had developed a strong personal dislike for myself and unfortunately this had led her to summon the police rather than attempt to discuss any issues with myself. I also noted that on occasion I found the level of noise caused by my neighbour to be intrusive (understatement of the decade but I presumed anyone reading my comment would realise this).

As I completed the form I was aware that I might well be risking a sale but realised that I would have to put something. If I'd read that myself I would not have touched my flat with a barge pole. Fortunately it did not put my buyer off so, presumably, they believe that they can deal with this more successfully than I could - and very good luck to them as they are probably going to need it.

Going nowhere fast - I really do hope you are able to resolve your predicament as soon as possible.

Best wishes