Criminal (?) property damage from tenant neighbour

Mackers12

Hi all. 

Sorry I'm not sure if this is the best place to post but I'm hoping somebody might be able to offer some advice on our situation. We own a garden flat, and share a garden party wall with the neighbouring property. The wall on our side was looking a bit run down, so we did some minor work to make it look better on our side and atop. This was just plastering to smooth it up, no structural work.

We weren't required to required to give notice as it's minor work, but we did let the neighbours in the basement flat next to us know, and they were fine with it.  However, the 1st floor flat also has access to their garden, and this tenant was not around at the time to ask (she was on holiday... despite lockdown...). Anyway, this tenant (who rents and has access to the garden beside us) came back and was fuming at what we had done. 

We have a phone call recording of her threatening to destroy they wall, saying "I'm going to chip away at it. I'll just chip it". Her argument is that she just doesn't like the look of it. I explained as she rents it's a matter for her landlord, not her. She basically blackmailed us by saying if we didn't buy her fence panels for her side she'd hack away at it she she wouldn't have to look at it. We actually reluctantly agreed (we thought a few trellis panels would be cheaper than a solicitor...) and we thought it was fine - but she knocked on the door yesterday to say why the fence hasn't been up yet, and to tell us that her 'child' has damaged the wall, so we better get it sorted soon. There's no way her 4 year old daughter would take a chisel to our wall - this was (in our view) clearly her following through on her threat (she couldn't even reach the bit that was damaged)!

This is criminal property damage, right? We've put up a camera to keep an eye on our wall for now, but we are terrified she's going to wreck it. I've tried to get contact details for the landlord as I feel he needs to be involved / aware - but she won't give them, and the managing agent company is refusing to provide them. I've got the landlords name from land registry but that's not helped to get a number.

Any and all help appreciated!

AdrianC

Write to the landlord c/o the agent. They are obligated to pass it on.

And, yes, it's criminal damage.

But... whose wall is it? You've rendered your side and the top - how has the corner from the top to "their" side been finished?
I presume it's the top that's being chipped away at?

bsms1147

Forget about the fence panels and keep the camera rolling.

Mackers12

When I called yesterday I suggested I write a letter to pass on, and they refused saying it was not within their remit. Do you know how the managing agent is obligated to pass it on (so I could quote this to them). They were clear they would not do this, and just don't want to know..

And yes, it's the top of the wall that's been chipped away. We did get some advice before we got the wall rendered and we understood that as this was a party wall we were within our rights to do what we did (and we did ask with those who are actually living beside us). The render is on our face of the wall and on top - with corner beading where our face meets the top, and then stopping beading that stops just ever so slightly short of being flush with their corner on top. We did actually try to make sure it would not look bad from the other sides (ie we wanted a clean line that was close to being flush, with stopping beading etc ). 

RAS

Go to the Land Registry and download the details of the flat owner and write to them directly. If it happens to be c/o the agency, write (pen and paper not email) to the owner at the registered address.

elsien

Does the land registry entry not show the landlord's address? (Although this  may or may not  be up to date.)

princeofpounds

Out of interest, why have you not made a police report yet? Not saying it's the right strategy at this stage, but would like to understand your thinking so far.

HampshireH

It's irrelevant what you did or didn't do to the wall in terms of the current conflict.

If it were the other owner then it would be relevant.

However this is a tenant. They own nothing. They have no right to demand anything from you. Do not pay for her fence it will just be the start of further demands. Refer her back to her own landlord if she wants a new fence.

Put your letter to the managing agent, (do you mean estate agent or do you have a managing agent for the flats?) And the owner. Make reference to their refusal to assist but that you are writing regardless.

Get a crime reference number. You can report criminal damage online. Your report gets reviewed and a CRN issued if agreed as a reportable crime.

Something like

"Dear XXX

Thankyou for taking my call earlier today. I understand you are refusing to assist with the anti social behaviour, blackmail and criminal damage caused by the tenant at XXX. 

This is specifically in relation to them threatening to damage my wall if I did not pay for new fencing, and subsequently coming to my door having admitted that a member of their family has since damaged the aforementioned wall, therefore having carried out their threat.

I have now obtained the landlords details and will be contacting them directly as well as sending a copy of this letter for their reference.

I have obtained a CRN from the police in relation to this incident. CRN xxxxx should you decide to review your decision and manage the tenant.

Yours sincerely

XXX

Cc landlord

Write a seperate letter to the landlord detailing the issue with the tenants behaviour asking them to make contact with you.

For your reference take photographs now and ensure they are date stamped. So that you can compare to any further damage which will be evidenced on your CCTV. The CCTv won't give you the close up damage though.

Obviously this constitutes a neighbour dispute but if you aren't selling anytime soon it may be your best route

unforeseen

As it is a party wall you should have got agreement of all parties first. The tenant may not have been around but did you ask the leaseholder? It was their decision, not the tenant. 
Why bring the freeholder into it? You defaced the wall without asking them I assume?
Yes. You actually defaced it. The neighbour is trying to remove that defacement. Your criminal damage came before theirs. 

Mackers12

Thanks all for the views! 
I have the name of the landlord from the land registry, but the only address included is the address of the property where the tenant is now living. So I could write to the landlord at the address I know he does not live there and would not receive. I think he may live out of country, the property is in a bit of a state of disrepair - for example the area, requires him to have a private property rental licence , which I know he does not have. 

On the police, sorry I should have mentioned this up front - my fiance did call but at this point I don't think they are interested. I would have thought having hard evidence of a clear threat to commit criminal damage, followed shortly by the damage itself occurring would be enough for them to do something - but the police have said if she is claiming the damage was caused by a child, they aren't able to get involved unless we have hard evidence of the act, like a witness or footage. The police said they might be able to help mediate if things get worse.

Mackers12

unforeseen said:

As it is a party wall you should have got agreement of all parties first. The tenant may not have been around but did you ask the leaseholder? It was their decision, not the tenant. 
Why bring the freeholder into it? You defaced the wall without asking them I assume?
Yes. You actually defaced it. The neighbour is trying to remove that defacement. Your criminal damage came before theirs. 

According to the govt website, this constitutes minor work and does not require formal notice. We do not agree with your view that our actions were in any way unlawful. As below:

What you don’t need to tell them about

You don’t need to tell your neighbour about minor changes, eg plastering, adding or replacing electrical wiring or sockets, or drilling to put up shelves or cabinets.