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Summary:
Small community consisting of three houses, the largest is split into six flats. The flats are leasehold and self-managed through a flat management limited company. Every flat owner is a shareholder, but there are only two directors. Everyone pays a monthly fee for maintenance, insurance etc.
2 years ago a couple who live in one of the houses (Bad Neighbour) purchased one of the flats and began to renovate it. Their intentions at the time (so they told everyone) were to use it or rent it long term to friends. However over the course of time it was discovered that the plan was to put the flat on Airbnb for short term let, which is not covered by insurance and therefore against the lease.
Bad Neighbour opened an old area in their surrounding hedge which had a gate on it. This was to use for their cleaner to come and go easily. Two small stones were in the ground which they moved without permission (the stones belong to the other house – Good Neighbour - and of course the land they were on is shared between the flat owners). The stones were replaced and that’s when threats of legal action and police started, ignoring the fact that the flats operate as a democracy with everyone free to vote on whatever they want to do. This option was clearly ignored.
The truth about the Airbnb flat was brought up and at the time it was taken off the site, but over the past year it has come and gone.
Fast forward a year, and we’ve suffered constant attempts from Bad Neighbour to say everyone has breached the lease by hanging washing up, leaving shoes in hallways, signs on our ground, etc. All of which has been shut down politely. There’s also been clear attempts to remove the two directors and force a third party company to take over.
Bad Neighbour then stated that there was pending litigation against everyone, including criminal action (?) and that was with her legal team and would take 6 weeks to sort. No details were provided of what these were about. 6 months later we hear from said legal team saying investigations are in progress and will be final in a month. 3 months later we have finally received a legal letter with no mention of litigation or criminal activity against us, but instead claims of fraud due to service charges these neighbours have paid over the years (totally random as never mentioned before).
Other issues have been mainly focused on long history between Bad Neighbour and Good Neighbour, where ten years ago the police intervened and stopped Bad Neighbour from contacting Good Neighbour (a series of abusive letters were sent). However, since buying flat 3, Bad Neighbour has used her position as part of the leasehold and company to continue her (what we consider) vengeful attack on Good Neighbour.
Most recently over the gate in which Bad Neighbour opened it and Good Neighbour closed it. This led to a short argument between both families, with witnesses, and Bad Neighbour calling 999. The police did attend but after seeing the past history were not too happy with Bad Neighbour for calling 999 as it was not a threat to life or emergency.
Following this, the legal team has sent letters stating that everyone is to stop harassing and threatening Bad Neighbour (which has never happened).
Move on to where we are now, and another letter from the legal team stating what they consider to be facts with zero evidence of harassment and threats, claim that Good Neighbour caused assault, then also about police involvement (we have met with the police who are well aware of what is really going on and are definitely not interested or supporting Bad Neighbour – they state that they can see what these people are doing, but until they cross a line, there’s nothing the police can do. We find that odd, surely crime prevention is better).
The issue is that Bad Neighbour has stated in writing that they have more money than everyone else so are happy to fight us all the way. Have also stated that they will put their flat on Airbnb and then sue us if we don’t make the required changes to the insurance/lease.
For the most part we can ignore their demands but when it comes from a solicitor with threats of further legal action, it’s hard to do so.
We believe that the end game is to damage us so that we hand over control of the flat management company so that the Bad Neighbour can then make the required changes to get her flat on Airbnb.
What we find odd is that this legal team is assisting in this as by checking their website, they are very clear on people following the rule of leases when it comes to short term lets. They either don’t know or don’t care about the truth.
We’re not in a strong enough financial position to afford solicitors to fight this long term. As it stands most of us are instead choosing to sell up but even this has proved difficult with Bad Neighbour contacting the estate agents complaining about her house being seen in the images (yet are homes are obviously in her Airbnb images).
What options do we have?
How can we get the police to take this more seriously as the amount of contact over the year is harassment coupled with lies?
How do we push for a breach of lease and what are the chances of success?
Can we stop this legal team from sending letters that have no facts in them and making accusations without any merit? Surely they should be checking for the facts not just believing their client?
Why would a solicitors be supporting someone who is clearly trying to breach a lease?
Sorry for the epic tale, but I tried to keep it as basic as possible, but as you can imagine, after over a year there’s lots to deal with.
Thanks.
Small community consisting of three houses, the largest is split into six flats. The flats are leasehold and self-managed through a flat management limited company. Every flat owner is a shareholder, but there are only two directors. Everyone pays a monthly fee for maintenance, insurance etc.
2 years ago a couple who live in one of the houses (Bad Neighbour) purchased one of the flats and began to renovate it. Their intentions at the time (so they told everyone) were to use it or rent it long term to friends. However over the course of time it was discovered that the plan was to put the flat on Airbnb for short term let, which is not covered by insurance and therefore against the lease.
Bad Neighbour opened an old area in their surrounding hedge which had a gate on it. This was to use for their cleaner to come and go easily. Two small stones were in the ground which they moved without permission (the stones belong to the other house – Good Neighbour - and of course the land they were on is shared between the flat owners). The stones were replaced and that’s when threats of legal action and police started, ignoring the fact that the flats operate as a democracy with everyone free to vote on whatever they want to do. This option was clearly ignored.
The truth about the Airbnb flat was brought up and at the time it was taken off the site, but over the past year it has come and gone.
Fast forward a year, and we’ve suffered constant attempts from Bad Neighbour to say everyone has breached the lease by hanging washing up, leaving shoes in hallways, signs on our ground, etc. All of which has been shut down politely. There’s also been clear attempts to remove the two directors and force a third party company to take over.
Bad Neighbour then stated that there was pending litigation against everyone, including criminal action (?) and that was with her legal team and would take 6 weeks to sort. No details were provided of what these were about. 6 months later we hear from said legal team saying investigations are in progress and will be final in a month. 3 months later we have finally received a legal letter with no mention of litigation or criminal activity against us, but instead claims of fraud due to service charges these neighbours have paid over the years (totally random as never mentioned before).
Other issues have been mainly focused on long history between Bad Neighbour and Good Neighbour, where ten years ago the police intervened and stopped Bad Neighbour from contacting Good Neighbour (a series of abusive letters were sent). However, since buying flat 3, Bad Neighbour has used her position as part of the leasehold and company to continue her (what we consider) vengeful attack on Good Neighbour.
Most recently over the gate in which Bad Neighbour opened it and Good Neighbour closed it. This led to a short argument between both families, with witnesses, and Bad Neighbour calling 999. The police did attend but after seeing the past history were not too happy with Bad Neighbour for calling 999 as it was not a threat to life or emergency.
Following this, the legal team has sent letters stating that everyone is to stop harassing and threatening Bad Neighbour (which has never happened).
Move on to where we are now, and another letter from the legal team stating what they consider to be facts with zero evidence of harassment and threats, claim that Good Neighbour caused assault, then also about police involvement (we have met with the police who are well aware of what is really going on and are definitely not interested or supporting Bad Neighbour – they state that they can see what these people are doing, but until they cross a line, there’s nothing the police can do. We find that odd, surely crime prevention is better).
The issue is that Bad Neighbour has stated in writing that they have more money than everyone else so are happy to fight us all the way. Have also stated that they will put their flat on Airbnb and then sue us if we don’t make the required changes to the insurance/lease.
For the most part we can ignore their demands but when it comes from a solicitor with threats of further legal action, it’s hard to do so.
We believe that the end game is to damage us so that we hand over control of the flat management company so that the Bad Neighbour can then make the required changes to get her flat on Airbnb.
What we find odd is that this legal team is assisting in this as by checking their website, they are very clear on people following the rule of leases when it comes to short term lets. They either don’t know or don’t care about the truth.
We’re not in a strong enough financial position to afford solicitors to fight this long term. As it stands most of us are instead choosing to sell up but even this has proved difficult with Bad Neighbour contacting the estate agents complaining about her house being seen in the images (yet are homes are obviously in her Airbnb images).
What options do we have?
How can we get the police to take this more seriously as the amount of contact over the year is harassment coupled with lies?
How do we push for a breach of lease and what are the chances of success?
Can we stop this legal team from sending letters that have no facts in them and making accusations without any merit? Surely they should be checking for the facts not just believing their client?
Why would a solicitors be supporting someone who is clearly trying to breach a lease?
Sorry for the epic tale, but I tried to keep it as basic as possible, but as you can imagine, after over a year there’s lots to deal with.
Thanks.
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