Neighbour interfering with viewings

Ksw3

I think going for an injunction is the best route. If it is granted the police can no longer deny their responsibility nor minimise the impact it has on you. It is what I would do although I appreciate you are completely worn out and shouldering so much weight at the moment. 

I did call the police once as I was being threatened by a farmer (who happened to be carrying an axe), the police said they would only attend if/when he raised it above waist height....

NameUnavailable

Bailey1980 said:

Grizebeck said:

@GDB2222 and @Section62 thanks appreciated
Fee wise its really just the fees charged by the County Court
I very much doubt the Defendant would even try and defend this going on the posts by the OP
The time it takes to enact depends on the court. Some courts are very quick with this kind of application.
In addition it is possible that this may be constitute a private nuisance. Which is a Tort.
https://wiglaw.co.uk/the-law-of-private-nuisance/
https://www.bailii.org/uk/cases/UKSC/2014/13.html

“A nuisance can be defined, albeit in general terms, as an action (or sometimes a failure to act) on the part of a defendant, which is not otherwise authorised, and which causes an interference with the claimant’s reasonable enjoyment of his land, or to use a slightly different formulation, which unduly interferes with the claimant’s enjoyment of his land.”

sorry i missed this post; neighbour a few years ago raised that they could hear us talking/laughing in the living room which is the attached/adjoining wall so we had sound insulation installed. solicitors we spoke to said that because of that we are likely to be deemed to be the nuisance neighbours as it interfered with their reasonable enjoyment. 

Police also told us not to make any noise in any of the rooms adjoining the party wall which was living room, our bedroom and the room we used to work from home. 

Last year neighbour complained they could hear floor boards creaking in our house and it was unacceptable and causing them not to have reasonable enjoyment of their house. 

Courts have previously ruled that 'normal' domestic noise cannot be considered a nuisance. You would need to be making a LOT of noise over a prolonged period of time (and measured/recorded etc).

Honestly, you've been offered help to fight back on this and you don't seem willing to do it. So that means accepting your lot as it is and stop moaning. Move on, sell up and take the hit OR fight back!!!

deano2099

Bailey1980 said:

thegreenone said:

We have a camera on our garage that looks like a motion sensor light - which it is, but it also is a constant camera and links to our mobile phones and cloud. Even on holiday we can see what's happening.  Netatmo outdoor cameras.   We have no personal links to the company whatsoever.  They should give you the evidence you need.   Good luck.

thank on, on looking them though seems to suggest they need a wi-fi connection and as we are no longer living at the house and having to pay out for temp accomodation/expenses to friends and family for putting us up we need to cancel the internet so need cameras that don't rely on wi-fi connectivity. 

Can you get cheaper internet instead? You're looking at new cameras but that's a cost you don't need either. Worst case you can get a dongle that fits a mobile SIM and creates a WiFi hotspot. Data is limited like on phones but you shouldn't need much if you're using motion activated cameras.

But as others have said, you either need to push forward and fight, or sell at a loss and get out. Losing a significant sum of money seems awful but you *will* earn it back in time. You need to ask yourself what it's actually worth to get out. I was in a similar position and ended up losing five-figures and it was worth every penny. Everyone's situation is different and I was fortunate to be in a position I could do that and still afford to live, obviously if the mortgage is too high it may not be possible. But you can always make more money. You never get more time. If the situation is making your life a misery then seriously consider if it's worth getting out.

(And yeah, it's not right, or fair, nor is the way you are being treated. The thing I noticed is that before I bit the bullet and went to auction, it felt like I was going to "lose" by doing this. The minute it was done I absolutely felt like I'd "won".)

Bailey1980

NameUnavailable said:

Bailey1980 said:

Grizebeck said:

@GDB2222 and @Section62 thanks appreciated
Fee wise its really just the fees charged by the County Court
I very much doubt the Defendant would even try and defend this going on the posts by the OP
The time it takes to enact depends on the court. Some courts are very quick with this kind of application.
In addition it is possible that this may be constitute a private nuisance. Which is a Tort.
https://wiglaw.co.uk/the-law-of-private-nuisance/
https://www.bailii.org/uk/cases/UKSC/2014/13.html

“A nuisance can be defined, albeit in general terms, as an action (or sometimes a failure to act) on the part of a defendant, which is not otherwise authorised, and which causes an interference with the claimant’s reasonable enjoyment of his land, or to use a slightly different formulation, which unduly interferes with the claimant’s enjoyment of his land.”

sorry i missed this post; neighbour a few years ago raised that they could hear us talking/laughing in the living room which is the attached/adjoining wall so we had sound insulation installed. solicitors we spoke to said that because of that we are likely to be deemed to be the nuisance neighbours as it interfered with their reasonable enjoyment. 

Police also told us not to make any noise in any of the rooms adjoining the party wall which was living room, our bedroom and the room we used to work from home. 

Last year neighbour complained they could hear floor boards creaking in our house and it was unacceptable and causing them not to have reasonable enjoyment of their house. 

Courts have previously ruled that 'normal' domestic noise cannot be considered a nuisance. You would need to be making a LOT of noise over a prolonged period of time (and measured/recorded etc).

Honestly, you've been offered help to fight back on this and you don't seem willing to do it. So that means accepting your lot as it is and stop moaning. Move on, sell up and take the hit OR fight back!!!

Re:The courts ruling - that's not what solicitors we have spoken to have said and instead said that because of the previous allegation and we took steps to try and lessen the impact, again because the neighbour was being vile and hostile towards us. 

I know we have been offered help and we are grateful - it's just we are getting conflicting advice and I'm struggling to think straight and have no one to speak to.  

It is hard to accept that the place that was our family home for 15 years and that we had built as our family home has been destroyed and by selling we are going to lose that as well as all of the time and money we invested in it and we have to start all over again with less money because there does not seem to be a way of getting the market value and neither of us are in the best paid jobs. We had an extension built and fantastic new kitchen installed less than two years ago and a brand new patio last year which we had saved up for over a long time and was supplemented by some inheritance from both my parents who died within 6 months of each other.  All of it has gone up in smoke so I'm sorry if I'm struggling. 

I said that I would try to write the statement but each time I try I can't find the words and I end up becoming upset as I am having to relive everything that's happened. 

I truely hope no one ever finds themselves in the same position - it's worse than hell and I wouldn't wish it on anyone. 

Bailey1980

deano2099 said:

Bailey1980 said:

thegreenone said:

We have a camera on our garage that looks like a motion sensor light - which it is, but it also is a constant camera and links to our mobile phones and cloud. Even on holiday we can see what's happening.  Netatmo outdoor cameras.   We have no personal links to the company whatsoever.  They should give you the evidence you need.   Good luck.

thank on, on looking them though seems to suggest they need a wi-fi connection and as we are no longer living at the house and having to pay out for temp accomodation/expenses to friends and family for putting us up we need to cancel the internet so need cameras that don't rely on wi-fi connectivity. 

Can you get cheaper internet instead? You're looking at new cameras but that's a cost you don't need either. Worst case you can get a dongle that fits a mobile SIM and creates a WiFi hotspot. Data is limited like on phones but you shouldn't need much if you're using motion activated cameras.

But as others have said, you either need to push forward and fight, or sell at a loss and get out. Losing a significant sum of money seems awful but you *will* earn it back in time. You need to ask yourself what it's actually worth to get out. I was in a similar position and ended up losing five-figures and it was worth every penny. Everyone's situation is different and I was fortunate to be in a position I could do that and still afford to live, obviously if the mortgage is too high it may not be possible. But you can always make more money. You never get more time. If the situation is making your life a misery then seriously consider if it's worth getting out.

(And yeah, it's not right, or fair, nor is the way you are being treated. The thing I noticed is that before I bit the bullet and went to auction, it felt like I was going to "lose" by doing this. The minute it was done I absolutely felt like I'd "won".)

we haven't been able to find a cheaper internet, tried to enquire with EE about a dongle but i remember the price they quoted was absolutely insane. 


as above - we've invested a lot of money, including some inheritance from my parents who died within 6 months of each other and we aren't in the best paid jobs in the world. at the moment we are stuggling financially - paying bills on a house we can't live in (council tax, water rates, gas, electricity, internet, mortgage, house insurance) as well as paying friends and family who are putting us up a small rent, contribution to food shopping and bills for gas/electricity/intenet/water rates that we are using. 

I'm trying to look at all different ways of supplementing the income - my job doesn't offer overtime so i need things i can outside of the 9-5 and also that aren't MLM's. 

Grizebeck

Feel free to speak to me tommorrow If you wish.

timehastoldme

@Bailey1980

You're in a miserable situation. I'm sorry to hear it. You've obviously put so much into your home, and it's now been tainted. Would you ever be comfortable there again? If you need to get your house back, legal route, injunction, is all you have. It's hard, your nerves are shot and it's scary, but it's there.

If it's selling, go to auction and rip the plaster because it'll rely less on viewings and your weird neighbour.

I think you'll feel better when you take steps in whatever direction you choose. If writing is hard, try using a voice note or voice to text app. It's horrid, steel yourself to do it as emotionless as possible. Take the history and the hurt, acknowledge it and tell yourself you can visit that later, but now put it aside, then start listing the facts. A good start and you'll feel better I bet.

Good luck.

Mildreds_Earrings

Bailey1980 said:

I know we have been offered help and we are grateful - it's just we are getting conflicting advice and I'm struggling to think straight and have no one to speak to.  

It is hard to accept that the place that was our family home for 15 years and that we had built as our family home has been destroyed and by selling we are going to lose that as well as all of the time and money we invested in it and we have to start all over again with less money because there does not seem to be a way of getting the market value and neither of us are in the best paid jobs. We had an extension built and fantastic new kitchen installed less than two years ago and a brand new patio last year which we had saved up for over a long time and was supplemented by some inheritance from both my parents who died within 6 months of each other.  All of it has gone up in smoke so I'm sorry if I'm struggling. 

I said that I would try to write the statement but each time I try I can't find the words and I end up becoming upset as I am having to relive everything that's happened. 

I truely hope no one ever finds themselves in the same position - it's worse than hell and I wouldn't wish it on anyone. 

Hello again @Bailey1980 hmmm, having been through a similar situation, I think you're putting too much value on sentimentality and possessions. You said your partner is suicidal, so does the 'fantastic new kitchen' really matter? Really?

I borrowed additional lending to spend £45k renovating a property that I sold two years later at a £10k loss because of a tenant from hell. I'm not downgrading tenants but I was a homeowner and he was a tenant, yet it was me who had to sell my beloved home that was renovated and personalised to suit me. I hated everyone and everything and the utter unfairness of it all at the time. Now, several years later, I couldn't care less. I have my sanity, mental health, wellbeing and peace of mind. Try to concentrate on that, not sentimentality or possessions.

You DO have people. You have the friends you're staying with and you have the @MSEForum and even better, you have @Grizebeck who has offered a 121 session. Please accept @Grizebeck offer to help.

Keep fighting kid, not all is lost x

Teapot55

Mildreds_Earrings said:

Bailey1980 said:

I know we have been offered help and we are grateful - it's just we are getting conflicting advice and I'm struggling to think straight and have no one to speak to.  

It is hard to accept that the place that was our family home for 15 years and that we had built as our family home has been destroyed and by selling we are going to lose that as well as all of the time and money we invested in it and we have to start all over again with less money because there does not seem to be a way of getting the market value and neither of us are in the best paid jobs. We had an extension built and fantastic new kitchen installed less than two years ago and a brand new patio last year which we had saved up for over a long time and was supplemented by some inheritance from both my parents who died within 6 months of each other.  All of it has gone up in smoke so I'm sorry if I'm struggling. 

I said that I would try to write the statement but each time I try I can't find the words and I end up becoming upset as I am having to relive everything that's happened. 

I truely hope no one ever finds themselves in the same position - it's worse than hell and I wouldn't wish it on anyone. 

Hello again @Bailey1980 hmmm, having been through a similar situation, I think you're putting too much value on sentimentality and possessions. You said your partner is suicidal, so does the 'fantastic new kitchen' really matter? Really?

I borrowed additional lending to spend £45k renovating a property that I sold two years later at a £10k loss because of a tenant from hell. I'm not downgrading tenants but I was a homeowner and he was a tenant, yet it was me who had to sell my beloved home that was renovated and personalised to suit me. I hated everyone and everything and the utter unfairness of it all at the time. Now, several years later, I couldn't care less. I have my sanity, mental health, wellbeing and peace of mind. Try to concentrate on that, not sentimentality or possessions.

You DO have people. You have the friends you're staying with and you have the @MSEForum and even better, you have @Grizebeck who has offered a 121 session. Please accept @Grizebeck offer to help.

Keep fighting kid, not all is lost x

Also @timehastoldme has provided some advice that I think could be very helpful 😊

nyermen

Re internet hotspot/dongles, the dongles are cheap to buy outright in places (I think CEX/WeBuy used to sell them second hand too, just make sure you get one that works with all or for the correct provider).

Re the connection itself, providers such as three do a one time pay as you go pack, which should be sufficient.  eg. https://www.three.co.uk/pay-as-you-go/payg-data-packs