Poss neighbour dispute

user1977

going_nowhere_fast said:

user1977 said:

going_nowhere_fast said:

user1977 said:

FlorayG said:

I don't think this would class as a 'neighbour dispute' on the sellers forms ( I may be wrong

You are - this is exactly the sort of thing which ought to be declared. It's not the narrow interpretation you've applied.

Even if the OP hadn't already started arguing with the neighbour about it, the fact they know about a defect in next door's property which is causing a legal nuisance is something which they would have to declare (as the questions include anything likely to lead to a dispute).

And this is what worries me because it does need to be explained when selling. I shouldn't even be in this position. 

Maybe it will be sufficient to say the repair was carried out and provide evidence to confirm what date.

I wouldn't say you need to declare disputes which have been resolved. As I queried above, I wonder why you appear to be contemplating selling with this problem still hanging over the property?

Disputes have to be declared years after they happened (I think)

Why would they? Where are you getting your alternative advice from?

ChirpyChicken

going_nowhere_fast said:

ChirpyChicken said:

going_nowhere_fast said:

user1977 said:

FlorayG said:

I don't think this would class as a 'neighbour dispute' on the sellers forms ( I may be wrong

You are - this is exactly the sort of thing which ought to be declared. It's not the narrow interpretation you've applied.

Even if the OP hadn't already started arguing with the neighbour about it, the fact they know about a defect in next door's property which is causing a legal nuisance is something which they would have to declare (as the questions include anything likely to lead to a dispute).

And this is what worries me because it does need to be explained when selling. I shouldn't even be in this position. 

Maybe it will be sufficient to say the repair was carried out and provide evidence to confirm what date.

why dont you just get the problem resolved ASAP.  
You have been advised of the quickest route to do this.

It's only been a day since I asked for advice. The same day I received advice I followed the advice and contacted the council / environmental health so I am dealing with it ASAP.

The council is not the route for quick action.  Even if the council do anything, it could take 18 months or so for them to build a case

This is NOT the route for a quick process in order to stop further damage to your property.  I also expect the council to turn round and advise you to seek independent legal advice as they have such limited resources.

Deal with it yourself and you could have it resolved within say 8 weeks (potentially 4 weeks for a hearing) and then say 4 weeks for the private nuisance to be abated 

saajan_12

going_nowhere_fast said:

Currently dealing with an issue with next door's roof is affecting my property. Owner will not fix it (and I can't do it because it's not my house) so I have no choice but get a third party involved to force them to repair their house to prevent damage to mine.

Do you WANT to do it yourself? With the neighbouring owner's permission, you could do it yourself just as much as a 3rd party could. Is it something thats within your ability and financial means to do yourself? That might be easier and cheaper than arguing the toss. 

going_nowhere_fast said:

user1977 said:

FlorayG said:

I don't think this would class as a 'neighbour dispute' on the sellers forms ( I may be wrong

You are - this is exactly the sort of thing which ought to be declared. It's not the narrow interpretation you've applied.

Even if the OP hadn't already started arguing with the neighbour about it, the fact they know about a defect in next door's property which is causing a legal nuisance is something which they would have to declare (as the questions include anything likely to lead to a dispute).

And this is what worries me because it does need to be explained when selling. I shouldn't even be in this position. 

Maybe it will be sufficient to say the repair was carried out and provide evidence to confirm what date.

Most disputes that would be declared aren't the seller's 'fault' but because a neighbour is doing / claiming something wrong. It's still a headache to enforce whatever rights which a new buyer may not want to walk into blindly. Its unfortunate that one owner is saddled by a difficult neighbour, but it doesn't make sense for subsequent people to buy and sell in quick succession, resulting in wasted costs and effort because they don't know about a difficult neighbour. 
This is one of those 'life isn't fair' areas, we're affected by people nearby. The options are to live with it, negotiate with the neighbour to get the thing fixed, or make it formal and declare the dispute. There isn't necessarily going to be a way to enforce and win a dispute but not declare it. 

Beeblebr0x

^ To my mind option 1 isn't realistic as it's having a deleterious effect on the OP's property. Option 2 isn't realistic because the neighbour is a m*r*n who doesn't understand the word 'negotiate'. That leaves option 3, unpalatable is it might be.

going_nowhere_fast

I started the legal process thanks for the advice. Have been told I cannot take any court action until 21 days after my letter (informing the landlord of my intention to issue legal proceedings against him) was delivered so more time but quicker than the council.

Bit worried how he will react but can't not do anything just because I'm scared. Not heard from him yet.

kinger101

Insurers don't pay for routine maintenance.  You might have legal cover though which you could use to take action against the LL.

ChirpyChicken

You don't need an LBA/LBC for an injunction. The reason being is that injunctions are there to be used to stop something taking place or to force a party to act. Injunctions be issued very quickly and in the right circumstances ex parte (without notice) Giving notice via an lbc is not required and would in many cases defeat their purpose

Not sure who advised you of that as they are wrong,  but never mind you have done it now. Hopefully it will do the trick.

What did you say in your letter?

I would personally prepare your witness statement and the application in advance and be ready to lodge it at the court in due course with the required fee. Including your costs schedule 

ThisIsWeird

going_nowhere_fast said:

I started the legal process thanks for the advice. Have been told I cannot take any court action until 21 days after my letter (informing the landlord of my intention to issue legal proceedings against him) was delivered so more time but quicker than the council.
Bit worried how he will react but can't not do anything just because I'm scared. Not heard from him yet.

Hi GNF.

You confirmed in your other thread that you do have Legal Protection. Please, please tell us you have called them up about this? If you haven't, give yourself a New Year's Kick, and do so - right away. This is precisely what they are for. You have paid for this service.

Well done for beginning action. Now carry it through. Remind yourself as many times as you need to that you are doing the 'right thing', the owner is an 'ole, and their tenants hard-done by.

You have concerns about how the owner may react? Can you tell us some of the stuff he's said and done before - in what ways do you feel he has tried to intimidate you? If it's remotely 'harassment' or 'intimidation', then also inform the LA about this. Even if they say it isn't quite at trigger point, they will have been informed, so should be primed if it escalates. And, if you have more serious concerns about what he might do now, then call up your local police for advice too.

DO THIS. Nail the B down. The second he steps over the line, nail him.

You have started this process, so see it through. Do not allow the guy to deflect you an iota.

Keep us posted.

Murphybear

Just a small point to add.  When I was a letting agent we had 3 tiny flats in a house and they had a few maintenance issues.  The landlord was ok but as he lived in Australia it was sometimes difficult to get hold of him.  We contacted Environment Health and they came round in a few days.  They inspected the 3 properties and sent us a detailed list of the issues that needed to be addressed which we sent to the landlord.

The interesting thing is that EH can ask landlords to fix anything that they deem necessary, not just the actual problems which they were contacted for.  

In this case the landlord told us to sort everything out that needed to be done and take 10% of the cost as our fee.  As we had a few “pet” maintenance people everything got sorted and when the LL came over for a visit he was so pleased he gave us 2 more flats to look after 

One thing I have never understood is why some landlords are so reluctant to fix the problems on their valuable assets.  

ThisIsWeird

Murphybear said:

Just a small point to add.  When I was a letting agent we had 3 tiny flats in a house and they had a few maintenance issues.  The landlord was ok but as he lived in Australia it was sometimes difficult to get hold of him.  We contacted Environment Health and they came round in a few days.  They inspected the 3 properties and sent us a detailed list of the issues that needed to be addressed which we sent to the landlord.
The interesting thing is that EH can ask landlords to fix anything that they deem necessary, not just the actual problems which they were contacted for. 

In this case the landlord told us to sort everything out that needed to be done and take 10% of the cost as our fee.  As we had a few “pet” maintenance people everything got sorted and when the LL came over for a visit he was so pleased he gave us 2 more flats to look after 
One thing I have never understood is why some landlords are so reluctant to fix the problems on their valuable assets.  

Some just shouldn't be landlords. The one here seems a case in point.