Can I get a mortgage payer evicted and can I sue them? (noisy neighbour)

Hadit

Both of us have mortgages. I have never understood people telling victims to simply "move" any time their neighbour causes a problem. I have also found out that if you mention the noise to any authority, it gets put on YOUR record, the VICTIM, and you MUST DISCLOSE it when trying to move. Which means your only option is to flee the tiniest bit of noise or put up with it AND put up with it until you can manage to move and find somewhere suitable, then leave it to face your new unsuspecting neighbour. Who will then go through the exact same thing.

I did a little bit of research and thought if I asked the land registry for the land owner details I could find the home owner that way as I want to look into either getting the neighbour evicted or suing the person who is enabling them to live here and act in this way, as well as the fact I am considering suing the neighbour themselves. However the main problem is the lack of apparent responsibility and anyone to tell.

I am not really interested in the council even though they can apparently get involved. I assume that they are breaking some rule by making our lives a misery and at the least think that I should at least inform the home owner / mortgage provider so that they can give a warning. I also want to hold them responsible legally but am trying to represent myself. 

I am aware this is not the way it is done, but I aim to change unfair situations and set precedents.

The land registry just returned the house price and said I can spend £3 to get a "title sheet and title plans" but I don't think that's what I need. I was asked if I was willing to pay for the details and the choices were yes or no. I said no as I wasn't going to enter into any contract yet (it was supposed to be about £20) and figured that I would get a further opportunity which is what is probably happening now. But maybe there is information missing. I don't see why I can be charged £20 just because from what I gather, they say their files are stored offline??? Anyway... 

I will probably ask for more help later regarding suing the neighbour but first I need to try to find a way to access someone "above" them if you will, to follow my bigger / other plan. I do not think it's fair that victims suffer and hopefully the law will be changed not just to deal with noisy neighbours properly and under harassment law, which is what it is, but also as I said to have a black mark on the perpetrators not the victim. I think they should be warned and lose their mortgage / be forced to move as a renter would with a landlord, and also that they struggle to find anywhere to live as they are known as a bad neighbour that nobody wants to go near/let move in/give a mortgage to, as opposed to the current situation where I would be left stigmatised and nobody wants to move into my house next to them while they relax and bother everyone. 

Thanks. Hopefully people can control themselves from irrelevant and judgemental comments that will no doubt attack me. You don't have to agree with me, it's my life and what I want to do, so please respect that and just answer or assist how and if you can. Or keep quiet. 

davidmcn

It's not very clear from your post - are you saying you want to try to get a mortgage lender to evict an owner-occupier? That's not going to happen, the lender isn't going to be interested in a noise nuisance.

If you want to get a "higher" authority involved, have you contacted environmental health at the council?

Slithery

Not going to happen. Complaining to the council is your only way forward and even that won't be able to force them to move. Your best option is to not report and move yourself.

PS - This is a public forum, people are free to post whatever they want.

Smodlet

It is more than difficult enough getting an antisocial tenant evicted for making your life a misery.  I know... Boy, do I know!

Your only recourse is either to move or to involve the council... Or to take matters into your own hands.  I wish I had had the stones to do that; I did not and it took two and a half years but, eventually, the See You Next Tuesday was evicted.  Apparently, they can, in theory, evict home-owners but, given their efficiency with tenants... Good luck.

AdrianC

Hadit said:

I have never understood people telling victims to simply "move" any time their neighbour causes a problem.

Where the complaining poster is a tenant, it's by far and away the easiest, quickest and most foolproof way to resolve the issue.

Obviously, where both parties are homeowners, it's not that easy.

I did a little bit of research and thought if I asked the land registry for the land owner details I could find the home owner that way as I want to look into either getting the neighbour evicted or suing the person who is enabling them to live here and act in this way, as well as the fact I am considering suing the neighbour themselves. However the main problem is the lack of apparent responsibility and anyone to tell.

I thought you said they were paying a mortgage? Then they ARE the owner...

Their freeholder is the same as yours, of course.

[Deleted User]

Why do you think you can get a mortgage payer evicted?  I'm not sure where this information can come from or if there is a misunderstanding.
What terms would you sue them under? It can be very expensive in nuisance cases and difficult, then you have to get the money out of them even if you win the case.

Falafels

I had a problem with a downstairs neighbour who persistently played their music so loudly that I couldn't hear my own phone, and it caused things on shelves to rattle. I asked politely, several times, if she would turn it down but to no avail. Eventually I got the local council involved; they said that often a letter from the council was sufficient to put a stop to it. She came round, threatening all sorts - but it did the trick...!

BrassicWoman

Hadit said:

I am not really interested in the council even though they can apparently get involved. 
......
I am aware this is not the way it is done, but I aim to change unfair situations and set precedents.
......

I'm confused. You don't want the ways that (sometimes) work, you want to create a new way. What help are you looking for? If you are going to set a precedent, by definition no one here will have done it before. 
If you could be a little clearer in the kind of help you seek, maybe people can assist?

xylophone

Which means your only option is to flee the tiniest bit of noise or put up with it 

But why would anybody  flee the tiniest bit of noise?
Are you saying that the noisy neighbour is renting the property from its owner and that you want to sue the owner, his mortgagee and the noisy neighbour?
https://hmlandregistry.blog.gov.uk/2018/05/10/the-abc-of-title-registers/
If you want copies of the LR information then you will have to pay for it. £20 is a drop in the ocean when considered against the £400 an hour (plus VAT) that your solicitor may charge for legal advice.

onwards&upwards

I think they want the mortgage lender to repossess based on a complaint from a neighbour.

It won’t happen, it’s not how mortgages work.  The lender doesn’t own the house and they are not interested in how much noise the owners make. 

iampetesmith

It sucks, but if they own the house and land it's almost impossible to get them evicted as it's their property. The only ways that a homeowner can be evicted are:

They don't keep up their mortgage payements and the lender reposesses it

There is a court battle and they have to sell the house to cover legal costs

They get an ASBO banning them from an area their house is in and they have to sell it (only happens in extreme circumstances)

This is why everyone just tells the victim to sell up and move. If you don't put any official complaints in, then you don't have to declare it so the house is easier to sell. I think this is what happened with our previous owner, there was nothing in any of the forms about neighbour disputes. We talk to the neighbours and they seem alright, one of their visitors even commented once "you've got nice neighbours now then who talk to you?" and the guy next door replied "yeah, the knobheads have gone". From that, I gathered that the previous owner used to moan at them all time about stupid things and wind them up and they'd react.

He obviously sold his house because he had enough of them but because no official complaints were raised, we didn't know anything about the problems until we started talking to people.