Noise complaint from neighbour who assaulted me

k3lvc

aroominyork wrote: »

Well, to cut a long story short our neighbour kicked off again and is now being held on remand on a charge of racially aggravated criminal damage. The police have asked us to fill in a compensation form. I can cost the items I have already paid for (and will include the CCTV we very wisely installed after the assault last summer) and excesses I have paid on our household and motor policies, but do these processes take into account the higher insurance premiums we will probably have to pay in future and the impact on our no claims bonuses?

OK so there's far more to this than guttering if he's been remanded on something racially aggravated.
Unless someone comes on here and proves different you're not going to be compensated for a CCTV system you installed or future insurance increases. What are the reasons for the excesses having been paid ? Are they following a crime for which he's also been charged or seperate issues ?

aroominyork

The excesses are for insurance claims after, last weekend, he smashed 17 house windows and my car with a metal bar (all on CCTV), having just screamed racist abuse (which I recorded). As I said, I was cutting a long story short. The guttering is now irrelevant - unless he unwisely uses it as a defence in court.


PS The CPS didn't charge re the assault because of a lack of witnesses. I was still in the process of challenging that decision (the neighbour was unaware I was challenging it) when last weekend's events happened.

markin

He likely will use it as a defence, and make up lots off other stories against you, And sadly he will probably get a slap on the wrist and a fine, with time served.


How about moving costs? You don't want to live next door to this nut anymore do you?

George_Michael

markin wrote: »

How about moving costs? You don't want to live next door to this nut anymore do you?

Unfortunately, that is something which even if the OP wanted, will be far from easy.
Legally, they will have to declare the problems with the neighbour on the property information forms they have to complete when selling and once the scale of what has happened comes to light, I can imagine that most potential buyers will walk away.

aroominyork

markin wrote: »

He likely will use it as a defence, and make up lots off other stories against you, And sadly he will probably get a slap on the wrist and a fine, with time served

Maximum tariff for his offence is 14 years and while I doubt he will serve anything close to that I expect more than a slap on the wrist.

George_Michael wrote: »

Unfortunately, that is something which even if the OP wanted, will be far from easy.
Legally, they will have to declare the problems with the neighbour on the property information forms they have to complete when selling and once the scale of what has happened comes to light, I can imagine that most potential buyers will walk away.

That's helpful to know. Thank you ( I guess...)

[Deleted User]

You may not have to declare the problems with the neighbour if he ends up doing time and will be an ex neighbour.

aroominyork

George_Michael wrote: »

Unfortunately, that is something which even if the OP wanted, will be far from easy.
Legally, they will have to declare the problems with the neighbour on the property information forms they have to complete when selling and once the scale of what has happened comes to light, I can imagine that most potential buyers will walk away.

I have looked at the Law Society Property Information Form and I do not see anything on it about declaring about problems with a neighbour. Can you please point me to it?

Davesnave

aroominyork wrote: »

I have looked at the Law Society Property Information Form and I do not see anything on it about declaring about problems with a neighbour. Can you please point me to it?

Section 2 Property Information Form (the TA6) clear as day.

aroominyork

Thanks. I was searching on the word “neighbour” so did not see that.

The form asks if there have been disputes about the property (my italics), or anything that might lead to a dispute about the property. Legally, that would require me to disclose that the neighbour complained about rain falling from the guttering (which would of course be assessed during a purchaser’s survey), and that we had it attended to. It does not require me to disclose that he screamed racist abuse, attacked our house with a metal bar and was arrested and remanded (whatever the outcome of the case is).

Does anyone take a different view of our legal obligations?

k3lvc

aroominyork wrote: »

Does anyone take a different view of our legal obligations?

Yes - the part at the top of the form under 'sellers obligations' warning you not to give incorrect or incomplete information or risk claim for compensation/refusal to complete