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Neighbour and management threatening fines and eviction

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Comments

  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    CJRyder wrote: »
    There is a basis in law for a WOIRA. Search for a template letter on here. However, don't use it for TVL.

    If the neighbours are making baseless legal threats then you might be lucky and have them accept this one. Whilst a faff to enforce, it's legally sound.



    It's really not. Can you point me towards the statute?


    Harassment doesn't require a WOIRA letter.
  • CJRyder
    CJRyder Posts: 238 Forumite
    Fifth Anniversary 100 Posts Mortgage-free Glee! Photogenic
    Common Law, backed up by Article 8 of Human Rights. See this thread for a TV Licensing version - https: //forums.moneysavingexpert.com/showthread.php?t=5343824&highlight=woira+letter

    The BBC accept them, although declare a two year period. If not legally binding, this wouldn't occur. However I don't recommend using one with regards to the BBC TVL.

    For the purpose of these neighbours I feel that it is an appropriate response that has enough legal backing to make them reconsider that approach, whether or not it is legally watertight.
    Mortgage free by 33 - (21/07/22 - 32 years and a bit...)

    Most DIY problems can be solved by a combination of spanner, pliers, screwdriver, Allan key and a blade. (Hold it, twist it, cut it!) Very occasionally industrial language, a hammer and an adhesive may need to be added to the mix. (Curse it, hit it, patch it!)
  • gomer
    gomer Posts: 1,473 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Marvel1 wrote: »
    Simple solution is avoid a flat.



    I find Durex provide a cheaper solution ;)
  • RelievedSheff
    RelievedSheff Posts: 12,691 Forumite
    10,000 Posts Sixth Anniversary Name Dropper Photogenic
    Marvel1 wrote: »
    Simple solution is avoid a flat.

    Excellent advice for the OP.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    CJRyder wrote: »
    Common Law, backed up by Article 8 of Human Rights.
    That'll be a "no", then.

    BTW, people always forget the second half of any ECHR article...
    ARTICLE 8 - Right to respect for private and family life
    1. Everyone has the right to respect for his private and family life, his home and his correspondence.
    2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
    https://www.echr.coe.int/Documents/Convention_ENG.pdf

    That last clause - the rights and freedoms of others... That includes their right to respect for their private and family life, and home, too...
  • CJRyder
    CJRyder Posts: 238 Forumite
    Fifth Anniversary 100 Posts Mortgage-free Glee! Photogenic
    AdrianC wrote: »
    That'll be a "no", then.

    BTW, people always forget the second half of any ECHR article...

    (link removed as classed as new member)

    That last clause - the rights and freedoms of others... That includes their right to respect for their private and family life, and home, too...

    Agreed, Common Law and Article 8 are not statute but certainly more legally binding than constant harassment regarding fines and eviction. If the neighbour wishes to involve the Council or any other public body then that is their prerogative. If a public authority wishes to involve themselves in this then yes, the second half applies. I doubt the neighbour themselves is a public authority though. I would also argue that the OP has taken steps to minimise disturbance and is abiding by the second half of Article 8.
    Mortgage free by 33 - (21/07/22 - 32 years and a bit...)

    Most DIY problems can be solved by a combination of spanner, pliers, screwdriver, Allan key and a blade. (Hold it, twist it, cut it!) Very occasionally industrial language, a hammer and an adhesive may need to be added to the mix. (Curse it, hit it, patch it!)
  • Jox
    Jox Posts: 1,652 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    gomer wrote: »
    lol :rotfl:



    Seriously though, from the age of 13 to 16 my neighbours had their baby the other side of my bedroom wall & she screamed and cried the entire night every single night.

    I was woken every night to go to school exhausted & my school work suffered because i was so tired i couldn't concentrate. I actually got caught asleep in a store cupboard on one occasion.

    Was i just selfish?

    Sorry that happened to you but you were a baby once and maybe you cried alot and kept a child awake as well, who knows?

    If you had told your parents maybe they could have swapped bedrooms with you if possible or given you earplugs?

    If there is a problem in life we have to find a solution.

    Babies and children do cry and are hard work and expensive. some people have no children, one child, multiple children etc.

    We live in a world of all options and opinions and we have to try to get along with each other best we can.

    The OPs children won't be 2 and 1 for long and won't be crying in the night soon. Some kids sleep through the night very young but I had sleepless nights with my son for over 3 years, thankfully he is nearly 6 so I have caught up now.
  • Jox
    Jox Posts: 1,652 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    gomer wrote: »
    I find Durex provide a cheaper solution ;)

    Keep using them please :)
  • Jox
    Jox Posts: 1,652 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    Excellent advice for the OP.

    Not a practical option always (not living in a flat), we can't all afford to rent a house, plus even if you live in a house you may still get a moany neighbour
  • gomer
    gomer Posts: 1,473 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Jox wrote: »
    Keep using them please :)



    I do, but not so that i don't inflict screaming babies on my neighbours.

    I'm gay.
    ;) :cool:
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