Neighbour shut off my water supply

Thrugelmir

Malaklondon said:

She claimed this was her way to stop my tenant playing loud music , needless to say the tenant wasn’t noisy at all.

If you weren't there. How did you know? 

slipthru

Is the woman a tenant herself or does she own the flat?

Do you a have a management company or own part of the freehold?

I assume she owns the flat if so ask the managent company to have a word.

If she is this troublesome she likely won't listen to a solicitors letter. 

Keep_pedalling

theoretica said:

I wonder what would happen with making a small claims court claim for lost rent?

As the OP has quantifiable losses, that is exactly what I would be doing.

Alderbank

TELLIT01 said:

Consult a solicitor and get them to write to her advising that cutting of the water is a criminal act.

It's not a criminal act to turn a tap off in her own property though . That's the trouble.

It is certainly a nuisance in civil law. That solicitor could probably get you an injunction ordering her to cease and desist. Others have tried this route. But it will cost you money and apparently trying to enforce these injunctions is a nightmare.

FaceHead

theoretica said:

I wonder what would happen with making a small claims court claim for lost rent?

If the tenant has just moved out at the end of their tenancy because they don't like living next to the problem tenant/don't like having no water, the OP would need to prove that the problem neighbour deliberately turned off the water (likely they can prove this on the balance of probabilities), and that this was pretty much the sole cause for the tenant leaving (harder).

It seems highly plausible that the tenant could have left for any number of reasons, and proving the causal relationship between the illegal and malicious act and the financial damage to the OP is rather difficult. If the OP has directly paid the tenant for not having water, then that causal relationship is much clearer. 

If anyone should be claiming here, it's the poor tenant who had no water during a heatwave (and as Alderbank says the OP rather than the problem neighbour is the easy target for such action). The fact that legal action would need to be declared on selling is also not their problem.

Malaklondon

Thank you all.

There is one single main shut off in the basement. I believe this turns off all 4 flats.

I had to refund the tenant for the time she was without water and she did leave 3 months early.

There used to be a managing agent managing the freehold, however last year this very neighbour purchased the freehold.
She failed to inform us, doesn’t manage the property it’s an absolute nightmare.

The flat is my home it was only rented out as I couldn’t return to the UK because of travel restrictions. 

The neighbour confirmed in an email to me that she deliberately turned the water off, said it would be initially for 8 weeks and if the tenants behaviour improved she will gradually allow water.

How do I know my tenant wasn’t noisy? The other 2 flats confirmed so. 

nyermen

Malaklondon said:

however last year this very neighbour purchased the freehold. She failed to inform us, doesn’t manage the property it’s an absolute nightmare.
I believe the freeholder has certain obligations, someone can confirm?

The neighbour confirmed in an email to me that she deliberately turned the water off, said it would be initially for 8 weeks and if the tenants behaviour improved she will gradually allow water.
Keep that email safe!

Alderbank said:

 It's not a criminal act to turn a tap off in her own property though . That's the trouble.
But surely there is provision for utilities travelling through other properties?  And she interfered with them to install a tap in the first place?  Otherwise she could do the same thing with electricity supply etc etc.

I suspect her being the freeholder is going to be a horror story now, I'd have thought you'd all have share of freehold or something like that.

Norman_Castle

Malaklondon said:

There used to be a managing agent managing the freehold, however last year this very neighbour purchased the freehold.

The neighbour confirmed in an email to me that she deliberately turned the water off, said it would be initially for 8 weeks and if the tenants behaviour improved she will gradually allow water.

She appears to think becoming the freeholder makes it a dictatorship. Try the leasehold advisory service, they may be able to advise. Its clearly harassment though no idea what laws are being broken. As above, I'd consider the small claims court for loss of income.

Are you planning to move back in? If she does this again play loud music until she turns it back on.

https://www.lease-advice.org/

Keep_pedalling

Malaklondon said:

Thank you all.

There is one single main shut off in the basement. I believe this turns off all 4 flats.

I had to refund the tenant for the time she was without water and she did leave 3 months early.

There used to be a managing agent managing the freehold, however last year this very neighbour purchased the freehold.
She failed to inform us, doesn’t manage the property it’s an absolute nightmare.

The flat is my home it was only rented out as I couldn’t return to the UK because of travel restrictions. 

The neighbour confirmed in an email to me that she deliberately turned the water off, said it would be initially for 8 weeks and if the tenants behaviour improved she will gradually allow water.

How do I know my tenant wasn’t noisy? The other 2 flats confirmed so. 

Sounds like you have a lot of evidence that would be very likely win you a claim in the SCC. Even if your tenant was noisy it does not give her the right to cut of their water supply.

Work out the losses she caused you and send her a letter before action. This should include a request that she pays financial compensation for the amount you had to refund your tenant and the loss of rent for your tenant leaving early. Inform her that unless she covers your loses within 14 days of receipt of your letter you will take legal action to recover it. 

Post the letter and get proof of posting. If she fails to respond or tells you to take a run and jump, then follow through and file a claim. It is not expensive to do and you don’t need legal representation to do it. 

https://www.gov.uk/make-court-claim-for-money

Malaklondon

Yes I moved back in a few weeks ago.

She now got her gardener around who dug all my spring bulbs out from the front garden, I honestly think she is insane. 

I will follow the advice and take her to SCC. 

For clarity she installed the stop valve onto my pipe, it wasn’t just turning it off.
The tenant said at the time she had workmen around and all this was confirmed to the police but they failed to act despite saying that this is a criminal offence.