Nightmare Neighbour- what can I do??

wolvesjim

I moved into a town centre flat a month ago in our quiet little area and I've already witnessed the police being called to sort out the neighbour below me 3 times. She hasn't been arrested but spoken to sternly each time. She's a nice enough person until she has a drink and then becomes a loud and abusive nightmare, most recently conducting an hour's long altercation out of the window into the street before assaulting her adversary. I could expand on some more prosecutable offences but to be honest I have a certain degree of pity for her. Suffice to say the police would be interested to add to the file they no doubt already have on her. The bottom line is I, and my neighbour who has been dealing with this longer than I have, need her to leave for the sake of our sanity. We've resolved to formally complain to the letting agency and declare our desire to leave unless the situation is resolved. We'd like to know what their position is. Clearly in our view she has breached a number of lower level Quiet Enjoyment and Narcotics parts of our contract, not to mention the law itself and we feel that's grounds for removal from the premises. Is that the case? The contract mentions the Landlord And Tenancy Act and the Law Of Property Act, amongst others. Are these on our side? We hope the agency feel they have a duty to act and are empowered to end this debacle ASAP? Is this the case?
Thank you in advance.

theoretica

Do you know if she is renting or owns and do you know if she is renting from the same agency as you?

Norman_Castle

Do all flats have the same landlord, if not her landlord will not be affected by you leaving. Her landlord may take action to evict her on advice from you or the agency, the agency should follow their instructions but may or may not be involved in an eviction.

Your right to quiet enjoyment prevents the landlord from harassing you, it doesn't apply to problem neighbours.

Keep a diary and film or record her behaviour. If its as bad as you say your evidence may persuade the landlord to take action. Without evidence you're likely to be dismissed.

rik111

Even if her Landlord wishes evict her, it is not going to be quick, it could potentially drag on until 2022. That’s if they even have the inclination for it a long drawn out eviction. They have little incentive to take action if the rent is being paid, it’s you fight not theirs.... Sorry. Best make a nuisance of yourself and make it clear you wish to leave but you are probably stuck until your current tenancy ends.

princeofpounds

Do you rent or own? Does she rent or own? Who is the landlord of both of you? If you are long leasehold owners, who is the freeholder? 

Your contract is not with her, so her actions have nothing to do with it. 'Breaking it' - something she cannot  therefore do - is not a ground for her 'removal'. Nor is committing a criminal offence, unless a court rules she must suffer a custodial sentence or some sort of injunction against occupying her home.

The agency may well not be empowered to act and nothing is going to change ASAP unless she commits a major crime. But if you can answer our questions we may be able to suggest some courses of action based on your actual legal situation.

NinjaTune

wolvesjim said:

I could expand on some more prosecutable offences but to be honest I have a certain degree of pity for her. Suffice to say the police would be interested to add to the file they no doubt already have on her. The bottom line is I, and my neighbour who has been dealing with this longer than I have, need her to leave for the sake of our sanity. 

If it's that bad then why not just go ahead and do it.  Feeling pity for her is getting you nowhere.

Unless you, your other neighbour plus the one from hell share the same landlord then a formal complaint/threatening to leave is going to do diddly squat.

mumbythesea

Be sure that you and your neighbour both keep  detailed diaries of the date and time of each incident, , it's a drag but it will be invaluable as sadly its very hard to evict someone for anti social behaviour and it will take detailed diaries being submitted if it ever got to that stage. You can also contact the environmental health department at the council they may be able to help , but you might also want to make a report to adult social care team at the council , they wont divulge anything to you  but you can tell them that you are concerned for her welfare and list the incidences, they probably will know who she is.  as she is clearly a vulnerable adult , and may not be getting the help she needs to keep on the straight and narrow. 

peterhjohnson

mumbythesea said:

Be sure that you and your neighbour both keep  detailed diaries of the date and time of each incident, , it's a drag but it will be invaluable as sadly its very hard to evict someone for anti social behaviour and it will take detailed diaries being submitted if it ever got to that stage. 

Absolutely, you MUST do this. I've not been a letting agent but I have been a harassment complaints "gatekeeper". I made 19 out of 20 complaints go away by demanding records 

zagubov

wolvesjim said:

I moved into a town centre flat a month ago in our quiet little area and I've already witnessed the police being called to sort out the neighbour below me 3 times.

She hasn't been arrested but spoken to sternly each time. She's a nice enough person until she has a drink and then becomes a loud and abusive nightmare, most recently conducting an hour's long altercation out of the window into the street before assaulting her adversary.

I could expand on some more prosecutable offences but to be honest I have a certain degree of pity for her. Suffice to say the police would be interested to add to the file they no doubt already have on her.

The bottom line is I, and my neighbour who has been dealing with this longer than I have, need her to leave for the sake of our sanity. We've resolved to formally complain to the letting agency and declare our desire to leave unless the situation is resolved. We'd like to know what their position is.

Clearly in our view she has breached a number of lower level Quiet Enjoyment and Narcotics parts of our contract, not to mention the law itself and we feel that's grounds for removal from the premises. Is that the case?

The contract mentions the Landlord And Tenancy Act and the Law Of Property Act, amongst others. Are these on our side? We hope the agency feel they have a duty to act and are empowered to end this debacle ASAP? Is this the case?

Thank you in advance.

Just paragraphing it so more posters will read and answer it.

wolvesjim

Thank you all for your responses. In answer to some Qs...
- yes, we have the same landlord and agency and therefore she will have an identical contract
- I am keeping a record and I have some voice recordings of her screaming her head off, including (useful) screaming her own full name out (haha)... more will follow.
- I am tempted and prepared to out her criminality if I have to but I kind of felt that as she has breached her contract (it requires polite and respectful behaviour) and the two other paying tenants are threatening to leave, that would impel the landlord to remove her without having to make an enemy with erratic behaviour who knows where I live. Is this not realistic?

se2020

zagubov said:

wolvesjim said:

I moved into a town centre flat a month ago in our quiet little area and I've already witnessed the police being called to sort out the neighbour below me 3 times.

She hasn't been arrested but spoken to sternly each time. She's a nice enough person until she has a drink and then becomes a loud and abusive nightmare, most recently conducting an hour's long altercation out of the window into the street before assaulting her adversary.

I could expand on some more prosecutable offences but to be honest I have a certain degree of pity for her. Suffice to say the police would be interested to add to the file they no doubt already have on her.

The bottom line is I, and my neighbour who has been dealing with this longer than I have, need her to leave for the sake of our sanity. We've resolved to formally complain to the letting agency and declare our desire to leave unless the situation is resolved. We'd like to know what their position is.

Clearly in our view she has breached a number of lower level Quiet Enjoyment and Narcotics parts of our contract, not to mention the law itself and we feel that's grounds for removal from the premises. Is that the case?

The contract mentions the Landlord And Tenancy Act and the Law Of Property Act, amongst others. Are these on our side? We hope the agency feel they have a duty to act and are empowered to end this debacle ASAP? Is this the case?

Thank you in advance.

Just paragraphing it so more posters will read and answer it.

Is it likely that anybody who gets as far as post 11 did not read though the OP anyway?

Or is it a known thing for posters to do this?
If I open a post but can't be bothered to climb the wall of text should I know to scroll through to see if somebody has quoted it in paragraphs?