Poss neighbour dispute

going_nowhere_fast

ThisIsWeird said:

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.

Hi, the advice was from a legal advisor via legal protection with my insurance. The damage is classed as a statutory nuisance under the environmental health act. 

going_nowhere_fast

ChirpyChicken said:

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 

The advice I have followed was legal advice via my insurance legal protection. They worded the letter for me too.

going_nowhere_fast

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.  

I contacted the council before I followed the legal advice. From what I have read they can force the landlord to fix everything not just the issue I am contacting them about i.e. the damage being caused to my house. Advice I got on here was that it can be a slow process though so I've done both. LA can get involved and I've done everything I've been advised to do so everything is above board to pursue it at court if necessary.

I don't understand why some landlords don't fix problems either. It would be cheaper fixing things properly when they first need sorting. Leaving things just creates a bigger problem which is more expensive to fix.

going_nowhere_fast

Don't want to 'out' myself so I won't go into details but the landlord has made it clear he is content for my house to just be left so it can turn into a slum like his house. It's so upsetting how unkind and unbothered he is about the problems he's causing. 

Found out where he lives. A VERY nice house in an affluent street. Whilst his tenants go to sleep tonight in a  mouldy bed, in a damp room with water running down the walls. Even more shocking, he's married! What is attractive about a man like that. 

Anyway, off to my own mouldy bedroom now ☹️ Night all. Thank you for the advice. It is appreciated.

PS. I'm not a stalker, had to find out his address to pass to the LA.

ThisIsWeird

Many thanks for the positive update. Please keep us informed.
I don't suppose you have any of his comments in a recorded form?
You fully understand the man's calibre. This is who he is. His wife, alas, is likely to be either of similar mind - entitled, arrogant - or kowtows.
I used to think that humans were largely similar, and that nurture figured far higher than nature; that everyone could ultimately be reasoned with. I sadly no longer believe this; many folk are simply different inside their heads - they have no shame or empathy, but are completely, arrogantly, manipulatively, self-serving.
Do not concern yourself about how he may react. If it's with any remotely implied threat or aggression, report him. Build up a record of his behaviour. 
Because he is going to be forced to address these issues, he may even demonstrate seeming 'contrition'. If so, it'll be false and self-serving - completely phony. I wouldn't give him the satisfaction of acknowledging it - he is playing you.
Well done.

ChirpyChicken

Well as you have sent the letter then let it ride out and hopefully he will deal with it to save you the hassle of an injunction 
Otherwise make the application forthwith after the 21 days is up and ensure it is served on his residential address
It will be a pretty straightforward case.