Nightmare neighbour rents a help to buy

JimmyPotts

Hi all,

after some advice. I have a nightmare neighbour (2nd set now) who rents off their ‘landlord’ who uses a help to buy mortgage - it’s a new build with thin walls it seems. 

Does anyone know or advise on what is the best channel to take? It’s been sublet since 2021.

I’ve reported it to target who do not seem to care.  

Any advice would be much appreciated as it’s driving me up the wall.

elsien

Are you asking for advice on how to deal with the nuisance tenant, or trying to get someone to do something about the help to buy property being rented out?

user1977

You should take the same actions as you'd take in relation to any other "nightmare neighbour" - their tenure or the type of mortgage their landlord has doesn't really come into it.

JimmyPotts

elsien said:

Are you asking for advice on how to deal with the nuisance tenant, or trying to get someone to do something about the help to buy property being rented out?

I am after on advice on how to deal with the nuisance tenant.
the landlord is subletting a help to buy mortgage. 

JimmyPotts

elsien said:

Are you asking for advice on how to deal with the nuisance tenant, or trying to get someone to do something about the help to buy property being rented out?

Yes I am after someone to do something!

GDB2222

There’s very little a landlord can do about noisy tenants, even if they are aware of the problem. And, of course, they may not care. 

The usual way to try to deal with this is to involve the local authority, but they are overwhelmed with work usually, and they will want you to monitor the situation for months before they will do anything. 

GDB2222

https://www.gov.uk/guidance/how-to-sublet-your-help-to-buy-home

It’s clear that HTB properties can be let in some circumstances.

Tiglet2

I think you need to concentrate on the neighbour's behaviour, or whatever it is that you think is a nightmare.  

Have a read of this from Gov.UK

https://www.gov.uk/guidance/antisocial-behaviour-how-to-get-help

The Help to Buy Equity Loan is nothing to do with the neighbour being a nightmare. 

The owner of the property can sublet the property if their mortgage lender allows it and Target (who administer the Help to Buy loan) give their permission to sublet.  In any case, you have reported it to Target, who will likely check whether the owner did seek permission.  Even if he didn't obtain permission, he can ask for it retrospectively, so the likelihood is that (providing the lender agrees), letting the property doesn't breach any conditions of the equity loan.

GDB2222

Tiglet2 said:

I think you need to concentrate on the neighbour's behaviour, or whatever it is that you think is a nightmare.  

Have a read of this from Gov.UK

https://www.gov.uk/guidance/antisocial-behaviour-how-to-get-help

The Help to Buy Equity Loan is nothing to do with the neighbour being a nightmare. 

The owner of the property can sublet the property if their mortgage lender allows it and Target (who administer the Help to Buy loan) give their permission to sublet.  In any case, you have reported it to Target, who will likely check whether the owner did seek permission.  Even if he didn't obtain permission, he can ask for it retrospectively, so the likelihood is that (providing the lender agrees), letting the property doesn't breach any conditions of the equity loan.

The OP can download the neighbour’s title from the LR, and can find out who the main lender is. He can then let them know that the house is being let.

I don’t think that this will have much effect on the tenants, though.

Titus_Wadd

On the neighbours' behaviour front, don't expect an easy fix.  The council deals with antisocial behaviour but will ask you to keep a log or diary, so start doing that if you haven't already.  If it's noise nuisance contact the council's environmental health department rather than their Communities team (or do both) and keep a log.  A statutory nuisance is more likely to be acted upon, than ASB.
Don't expect a quick fix, it has taken 3 years before a CPN was issued last year.  Despite breaches there has been no further enforcement action.  The statutory noise nuisance is a better route if the disturbance regularly meets the threshold.  Ask if your council uses the noise app, which allows you to send noise recordings which are assessed for volume by the app.  You will need a council log in to use it.
If  you own your home and might consider moving in the next few years, bring that plan forward!  If you launch a complaint eg via the council, you will be required to declare it to prospective buyers.  So weigh this up whilst keeping your log.
I'm assuming you have made calm requests for them to try to be quieter, they may not realise the walls are so thin if you are quiet.  If civil action  might be an option, keep your own  ehaviour squeaky clean throughout.
We have had to take our own civil action at a cost of £50k approximately and this is only part funded by legal cover with our house insurance.  If you don't have this add it to your insurance now or at next renewal.  ...and don't complain until it's active.
Finally, once you have a log of hundreds of entries, the council may tell you it's  insufficient and suggest cctv.  We bought Blink* cameras early on, and have hours of footage for our civil case, but mobile footage is useful if they are abusive or violent to you on the street. (*Other cameras are avaiable).  However the Police regarded us filming with our phones as provoking as one of their many excuses not to act, even for filmed assault!
I'd seriously consider moving especially if the tenants have a 12 month lease.  I'm sorry to sound so bleak!

theartfullodger

Who do you wish these esteemed neighbours to go and live next to, and have you explained this to the lucky family?