Please help, elderly parents feeling threatened in their home.

[Debtqueen]

Hi all

firstly I am sorry if I am posting in the wrong place.
I could really do with some help. My parents are sitting tenants in a flat that is part of a large Victorian house. There are new owners of the property (who live in Dubai) who have began carrying out work in the property, except my parents flat. The noise from the work on the flat above is horrendous, it is affecting their quality of life, as the noise is ridiculous. They are using "plant" tools not normal diy tools. They have already cracked their ceilings and their bedroom ceiling has completely fallen in. They work all hours too. I have tried to speak to them but they don't speak English and have been very aggressive numerous occasions. They swear, spit and have even waved a crowbar in my fathers face. The police have been informed of this but have not followed up on it and the council have been utterly useless! I have been told over and over again that this is simply domestic work and they can go on as they please.
i am frightened and worried for my parents. I would love some advice as to how we could improve the situation.

thanks in advance x

[des8]

Re: Please help, elderly parents feeling threatened in their home.

Sorry to hear about the disturbance your parents are having to suffer.

Firstly this would not appear to be just "domestic" (ie DIY)works as the council claim.
The owners live abroad so I assume they have brought in contractors to do the work

In any event I would go back to the council (and enlist the help of their local councillor) and point out that there is in existence an Environmental Protection Act 1990, and that in your opinion there is a statutory nuisance being committed which you require them to investigate. If they refuse you can take action yourself through the courts
Take a record of the times of intrusive noise etc.

A couple of official sites you might find useful:
https://www.gov.uk/guidance/noise-nu...ith-complaints
http://www.environmental-protection....tion-nuisance/

[Debtqueen]

Re: Please help, elderly parents feeling threatened in their home.

Hi
thanks so much. That is great advice. It is so irritating speaking to our local council on this matter, I was literally pulling my hair out when I kept getting told that as the work is being carried on indoors it can't be investigated.
Thanks again for your help, I'm going to pen an email to them now!

[ploddertom]

Re: Please help, elderly parents feeling threatened in their home.

Have you considered getting their local Councillor(s) involved? If they refuse or are reluctant then go straight to the Leader of the Council and his/her opposite number. There is nothing wrong with making initial contact tomorrow by phone.

[Debtqueen]

Re: Please help, elderly parents feeling threatened in their home.

Hi thanks for your advice. It seems that going above the switchboard operators at my local council is the answer. Honestly, I phone the police and they tell me it's a civil matter, I ring the council and I'm told it's a police matter. It's very frustrating!

thanks again for everyone's help.

[des8]

Re: Please help, elderly parents feeling threatened in their home.

This is a civil matter, and so the police will not be interested.

You need to speak to the Environmental Health Dept of the local council, but I would also involve their local councillor.
If they fail to act, or act successfully the next step is via the magistrates court.

They need , if they haven't already started one, to keep a diary of all incidents whichever route is taken.

Good luck

[Debtqueen]

Re: Please help, elderly parents feeling threatened in their home.

Thank you again x

[Diana M]

Re: Please help, elderly parents feeling threatened in their home.

My parents are sitting tenants in a flat that is part of a large Victorian house. There are new owners of the property (who live in Dubai) who have began carrying out work in the property, except my parents flat.

The owners of the property can put a stop to this. Perhaps they don't even know their contractors are behaving badly if they live in Dubai. Make them aware.

Even if Environmental Health were to step in they would be taking action against the owners not the builders.

You say it's the upstairs flat so are the new owners the Freeholder of the whole property or just the leaseholders of the flat above your parents?

Who do your parents pay their rent to? That'll be the Landlord/owner, and that'll be where the complaint should go. They may be mortified when they learn of the distress being caused by their contractors or they may not care.

If it's the latter they may focus if they know that a complaint will be made to Environmental Health if they don't do something about it. If it's a property company in Dubai they may take no notice but it's got to be worth a try.

If the flat-owners are not the Freeholder then make a complaint to the Freeholder or their Managing Agent if they have one.

You say the work has caused the ceilings to collapse in your parents' flat. Their Landlord has a duty to keep the property in good repair so that needs to be fixed.

If their Landlord doesn't react fast then your parents should make a complaint to Environmental Health (about the ceiling collapse) and the council can serve an Improvement Notice on the Landlord.

If that takes place then the issue of the contractors upstairs could be dealt with at the same time only from a different angle (if you follow my logic).

Di

[des8]

Re: Please help, elderly parents feeling threatened in their home.

Even if Environmental Health were to step in they would be taking action against the owners not the builders.
Di

Not arguing but looking for clarification:
Under EPA 1990 Sec 82 (4) doesn't one take action against the person actually causing the nuisance (as per subsection a) (ie builder) as in subsection (c) it states if those in (a) can't be located you can proceed against the owner ??

(4)

Proceedings for an order under subsection (2) above shall be brought—

(a)

except in a case falling within [F5paragraph (b), (c) or (d) below], against the person responsible for the nuisance;

(b)

where the nuisance arises from any defect of a structural character, against the owner of the premises;

(c)

where the person responsible for the nuisance cannot be found, against the owner or occupier of the premises.


(and why does copy and paste of Acts always come out odd!!)

[Debtqueen]

Re: Please help, elderly parents feeling threatened in their home.

Hello Di

thanks for taking time to answer. The problem is the owners (yes they bought the entire property despite knowing it included two sitting tenants) have taken a strong dislike to my parents, perhaps due to wanting them out of the property. It has made for a difficult situation in terms of communicating with them. They are well aware of the damage to the property but are doing nothing. The estate agent will only deal with rent and not any repair work to do with the property. I think that it is an arrangement hey have in place with the new owners, who are completely unobtainable.

The times when myself and even a environmental health officer have spoken to the estate agent they have been deliberately rude and obtuse.

As suggested, I will contact my parents local councillor tomorrow and mention the improvement notice you have suggested and see where we can go from there.

My parents are both in their 70's and this is all getting too much for them so everyone's help is greatly appreciated

x

[Diana M]

Re: Please help, elderly parents feeling threatened in their home.

They are using "plant" tools not normal diy tools.

. . . . the council have been utterly useless! I have been told over and over again that this is simply domestic work and they can go on as they please.

It may be "simply domestic work" but it will still have to comply with Building Regulations if it involves certain plumbing and electoral works or structural alterations etc.

Check the council website (click on Building Control Register) to see if the owners/contractors have served a Building Notice and the property has been visited by a surveyor if appropriate.

If not then make the council aware and the works may have to stop while the situation is regularised

These are the sort of works which require Building regulations approval > https://www.gov.uk/building-regulations-approval

Di

[Debtqueen]

Re: Please help, elderly parents feeling threatened in their home.

Will do that now. Thanks everyone ����

[Diana M]

Re: Please help, elderly parents feeling threatened in their home.

Under EPA 1990 Sec 82 (4) doesn't one take action against the person actually causing the nuisance (as per subsection a) (ie builder) as in subsection (c) it states if those in (a) can't be located you can proceed against the owner ??

(4)

Proceedings for an order under subsection (2) above shall be brought—

(a)

except in a case falling within [F5paragraph (b), (c) or (d) below], against the person responsible for the nuisance;

(b)

where the nuisance arises from any defect of a structural character, against the owner of the premises;

(c)

where the person responsible for the nuisance cannot be found, against the owner or occupier of the premises.

Possibly

But I was looking for a pragmatic solution.

Sometimes a charm offensive is quicker than a formal legal one.

Di

[Debtqueen]

Re: Please help, elderly parents feeling threatened in their home.

Nothing about the work on the building register, no surprise there!

[ostell]

Re: Please help, elderly parents feeling threatened in their home.

So tell them it's taking place.