Elderly relative's neighbours have disconnected her water tank

kazwookie

Do they have  / need planning permission to change the use of this area? I would suggest a phone call to the local planning department.

twopenny

Normally I would agree Kaz, but this is a fragile lady we are talking about. It could well make things unbearable for her.

Lornski

thegreenone said:

So they should've consulted her first before doing anything up there?  

I know things are different in Scotland but is there a Freeholder that should've given permission for changes?

Thank you for replying. Tere's definitely not a freeholder/ leaseholder system up here but not entirely sure how this type of thing works between private owners as I had a factor when we lived in a flat. They sorted out anything to do with communal areas.

Lornski

ThisIsWeird said:

No idea how things may be different in Scotland, but here there would typically be a Freeholder for the whole property, and they'd be the one to approach. Who does your mum pay buildings insurance and any communal maintenance to?

Also, down here, a loft space would typically be 'shared', especially if they contained services like water tanks.  No one flat owner would have the right to its exclusive use.

This is going to be unpleasant. Yes, you'll need legal guidance. Any chance your mum has Legal Protection included in her house (contents) insurance?

Chances are - tho' I obviously do not know - your mum's neighbour has done two very bad things... The first would (down here) almost certainly amount to 'criminal property damage' - they removed her water tanks, and they would struggle to argue that they did not appreciate the consequences of their actions; the tanks would very clearly have still been in use, as it would have been full of presumably clean water, and they'd have had to cap off the supply pipe. So a claim of 'ignorance' is unlikely to work, imo.

And the second is to take over a space they almost certainly have no exclusive right to. 

The first of these issues would justify - I am not exaggerating - a call to the local police. It is CPD and, as a result, your 83 year old mum, who has a heart condition, presumably cannot now easily keep herself clean? I'm not sure just how far the police would take this matter, but they should acknowledge what has taken place, have a word with the neighbour, and issue a crime number. That is going to give your mum's case quite a boost. They may then suggest she needs to take out a civil case against them to have the damage put right.

The second issue - encroaching on what is a communal space - will come down to whoever has overall control of the Freehold, tho' I understand things are different up there? Is there a Freeholder she can contact? Again, this will likely require a civil action by your mum. 

If the neighb is planning to turn the loft into habitable space, then a call to Building Control might be in order too. 

Do you have LP? Even tho' this is not your issue, they can often be very helpful with advice and be happy to give you 5 minutes.

Good luck.

Thank you so much for your kindness. I think we have a plan to move things forward, thanks to her local councillor. I think we'll be trying to move her out of there as soon as possible.

Lornski

Eldi_Dos said:

@Lornski

What a dreadful thing to happen, so upsetting for your Mum.

It is amazing that Scottish Water and the Local Council have advised that this is a private matter, presumably with the water supply to bathroom cut off there is now no functioning wc. If so that is a public health matter and they should have taken that on board.

Phone Council Environmental Health office and make complaint there, then contact Scottish Water and ask to speak to a manager and explain situation and ask them to liaise with environmental  health.

Then get in touch with Local Councillor for your mothers ward and ask them to press for a speedy resolution.

Thank you for taking the time to reply. The councillor is now involved and has been really helpful so thank you for the suggestion.

pollypenny

It's unbelievable that the council denied any role in remedying this awful situation. They own the block. 

Thankfully you have a councillor involved now. If it's nit resolved, I'd think if enlisting your MSP, too. 

Andy_L

pollypenny said:

It's unbelievable that the council denied any role in remedying this awful situation. They own the block. 

Thankfully you have a councillor involved now. If it's nit resolved, I'd think if enlisting your MSP, too. 

I don't think they do
From the OP:  "ex local authority housing"

macman

kazwookie said:

Do they have  / need planning permission to change the use of this area? I would suggest a phone call to the local planning department.

it's an internal modification, presumably boarded to use for storage, so not something relevant to planning permission.

pollypenny

Andy_L said:

pollypenny said:

It's unbelievable that the council denied any role in remedying this awful situation. They own the block. 

Thankfully you have a councillor involved now. If it's nit resolved, I'd think if enlisting your MSP, too. 

I don't think they do
From the OP:  "ex local authority housing"

Ooops, I missed the 'ex'.     Having said that, I'm pretty sure that Environmental Health would be concerned.