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Landlord trying to deal with tenants' problem neighbours
Comments
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It sounds as if you’ve already sent the complaint form to the council.
Be aware that if a complaint has been raised and/or there are issues between neighbours, this will have to be disclosed to any prospective purchaser of your property.1 -
at the end of the day whether it is a tenant on the receiving end of "issues" with the next door neighbour owner, or 2 owners that are next to each other, the situation is the same.
In reality if one person is behaving in an anti social manner that they will not change, then ultimately the other side is either going to have to move out or learn to live with it.
As the LL, were you ever resident in that property yourself and had personal contact with the neighbour?
Can you "trade" on such a relationship now that you are intervening on behalf of your tenant?
(Well done for trying to help your tenant BTW)
If the situation cannot be resolved amicably then the more formal options have very long winded procedures and far from guaranteed outcomes.
The police have (rightly IMO) given you the brush off as this is hardly high on their agenda compared to other crimes, even if one tries to argue it may prevent escalation into violence.
So that leaves the formality of a complaint to the council via whatever mechanism they offer. Typically something on their website (noise complaint?) and will involve keeping a log of incidents which is then submitted to the council so the council have some "evidence" on which to become involved over.
Using that, if the council determines a noise complaint is a "statutory nuisance" under the Environmental Protection Act 1990, they can issue a Noise Abatement Notice. If not classed as "statutory" then the council cannot do anything.
If such a notice is ignored, this escalates to fines, equipment seizure, or prosecution. Those latter 3 actions are somewhat unlikely in most cases of neighbour v neighbour disputes (and you would need to declare a "dispute" when you sell the property anyway).1 -
I'm assuming the problem neighbour knows the property is tenanted. Can't help wondering if they are aiming to drive the tenant out and try to force the OP into selling at a low-ball rate to a relative or friends…….
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Very negative, tho' understandable. You either act to try and resolve it, or you don't. If you don't, you live in hell, or you move. If you do, and it doesn't work, the option to move is still there.
Every situation is different - as is mine - and each person has to make their own decision. In most cases you will have an idea of the calibre of the miscreant, and just how much of a thug they are. But, in most cases, they are just pathetic bullies, and know when the game is up.
Dllive, do you have any idea what is behind this issue?
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This issue is between the neighbour and the tenant - it isn't dllive's decision whether to take action. If the tenant feels they need to, that's their call, and they have already informed the police, so that line has already been crossed.
The situation now is whether the tenant backtracks, or runs with it.The latter will hopefully lead to a situation where he, and you, can rightly state it has been 'resolved', which is a lot better than it not.
It is equally the case that the neighbour has to declare a dispute should he wish to sell.
In my case, I made the decision that I was not going to be made to move, and part of that was accepting that I'd have to declare it when we ultimately do, regardless of whether the matter was 'formal' or not. So, much better it is a 'resolved' dispute - whether by mediation and agreement - or by force.
(There are no words to describe the arrogant and entitled vileness of my neighb - a truly loathsome human being.)
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OP, most councils will have an anti social behaviour team that can deal with these situations. They have sweeping powers (far more power than they really should have tbh). Anyone who thinks the council can't deal with these situations hasn't tried. In the old days it had to be dealt with via noise nuisance legislation which is slow and toothless. ASB legislation is far stricter and can make a big difference. Pretty disgusting to hear people saying the tenant should move or just get used to it.
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Thanks for that, Phil.
I agree - 'cos I've been there.
But, you need to provide the ASB officer with the tools, and that's evidence.
The tenant here has already contacted the police - good move. Yes, they couldn't 'act' at this stage as they didn't have enough concrete 'evidence', but they presumably spoke with the neighbour, and would have their suspicions of who is telling the truth - they will be aware. Your tenant now knows what further evidence they need to accumulate and, depending on the nature of these phone calls, for example, I'd suggest the neighbour is taking a sizeable risk if he continues with this harassment. If serious enough, the police can oblige the network to release the source number.
So, suggest your tenant gets these discrete cameras set up, and records any conversation they have with the neighbour.
And look them in the eye.
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"the police have said they cant do anything until 'something happens'"
Interesting that the police are slavering at the mouth to 'prevent crime' in certain situations, but not in others. I'll leave that one there.
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I suspect - sadly - that it's a case of 'how much work do we need to put into this, to get a 'result''? It's all about stats.
But that does mean that if the tenant does obtain enough good evidence, the cops should decide, "Here's a positive statistic for us - sorted…".
In my case, it was, "It looks very suspicious, but we cannot prove it - here's a case number." So, I now have CCTV set up, and will clobber the neighb if he arrisols again.
That's a touch cynical, but understandable. Just how much time should a local Bobby spend on chasing an issue that they simply cannot prove? So, get yer act together, collect and collate the evidence, stick it under their nose, and insist it's handled. If they don't, escalate 'formally', and then to the commissioner.
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They don't need to pursue it, though. They can simply go round and warn the householders that their behaviour could become criminal if it escalates, and they should consider the consequences. The police spend a great deal of time doing just this in situations where they absolutely should not, but when there's clear cause to do so, they're suddenly too busy.
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