How do I take my neighbours to court for Anti-social behaviour

[Just234]

I want to take my neighbours to court for their noise nuisance and anti social behaviour. There are 5 properties that are student HMO ‘s. They should all have clauses in their tenancy agreements outlining ASB so they have breached those clauses. I have made 50+ complaints to the police and council they do nothing. So have decided to take them to court though civil proceedings but I don’t know where to start. Where can I get advice from? I can’t find a solicitor that deals with this. I’m happy to do it in my own if I got some help with procedure no. I have all the evidence videos and pictures of 50+ people at the property screaming shouting urinating in broad daylight infront of me and my son etc. Doni take the letting agent to court and landlord, I don’t know all the tenants names and some have moved out. They have made our life hell for 2 years including harassment and dualise allegations to the police because we complained. I’ve read about small claims but says that Tenant issues could be allocated outside small claims because of the complexity of the case but done know what that would mean.
Any help is appreciated

[dslippy]

Are you talking about taking the landlords to court or the tenants.
"They should all have clauses in their tenancy agreements outlining ASB so they have breached those clauses. "
I do not know where the 'should' comes from. They may or they may not - you do not know.
Letting agreements regularly require standards of behaviour but not necessarily in ASB terms.
You mention five properties, and then one. Which is it?

There is far more to this than just help with procedure - there are real questions of law.

[Just234]

Ok I live in a street with 5 HMO’s (Houses of multiple occupation) these are student rental properties with 6-8 tenants each that have to be licensed by the council therefore have ASB guidelines to adhere to in the tenancy agreements/council licenses
Over a period of 8months I made 50 complaints to neighbourhood policing team who did nothing more than knock on their doors and ask them politely to be quiet. In all there has been a 2 year period of ASB disrupting our daily lives immeasurably.
Becasue we made numerous complaints to police/council/mp they eventually took action by serving them all with warnings and one household made a retaliation complaint about us to the police.
every September we have the new round of students move in and it starts all over again.
I want to take them to court myself to show landlords/tenants/letting agents that I’m not putting up with it anymore.
i know that there are environmental / asb / noise nuisance laws - I have evidence in video and pictures of the noise etc so can prove that in court. I just don’t understand the laws fully so would like help on that area.

Hope that explains better…..?

[echat11]

This is going to be a continuous problem as long as the premises has usage as student residency.

You shouldn't have to tolerate such behaviour, the longer stuff like that goes on, the more difficult it becomes to deal with.

You could get a Court Injunction, but they are costly, you will need to seek legal advise on Court Injunctions to make sure that will be the ultimate solution.

[Just234]

Thankyou
I am not working at the moment so when you say costly will any of the costs be covered in fee exemption due to my circumstances?
ideally I would like to bring together all resident for class action. But again need legal advice. I’m just finding it difficult locating a solicitor that deals with this area of law.

[dslippy]

Again, be clear - are you wanting to sue the tenants or the landlords. The difference is fundamental. Even if you make your mind up, either would be an action for the wealthy, and as I understand it you are well away from a class action.
I would start with the Protection from Harrassment Act.

[Just234]

I would love to sue the tenants but I don’t have their details so would assume I’d have to go through the letting agents and landlords anyway.
please can you have a look at this document below and let me know what this is as it makes the process sound do-able and small claims isn’t that expensive.
https://www.n-kesteven.gov.uk/_resou...ull/0/6892.pdf

[atticus]

It is a guide by North Kesteven Council on how to bring action in respect of noise nuisance. But surely you knew that.

[echat11]

Thankyou
I am not working at the moment so when you say costly will any of the costs be covered in fee exemption due to my circumstances?
ideally I would like to bring together all resident for class action. But again need legal advice. I’m just finding it difficult locating a solicitor that deals with this area of law.

Have you or any of your fellow residents has legal expenses cover with any insurance / financial products, like household, motor insurance etc?

First step, check all your policies for legal expenses cover.

Posted for article only, not a recommendation - https://anthonygold.co.uk/latest/blo...group-actions/

[dslippy]

A claim against a landlord is not the same as a claim against an occupier. The kesteven document is about the neighbour.

I think you are underestimating the difficulty of the task you face.

Be particularly careful of expecting your costs in the Magistrates Court.

[Just234]

Thankyou appreciate those helpful comments

by the way does ‘senior member’ status just mean you can be a xxxx to new members asking for genuine help and advice…?

[echat11]

Thankyou appreciate those helpful comments

by the way does ‘senior member’ status just mean you can be a xxxx to new members asking for genuine help and advice…?

If that's happened, it's a misunderstanding, everyone is a volunteer, no benefit in being a 'XXXX', too time consuming, everyone does things in a 'best effort' way.

[dslippy]

I think 'senior member' just means I talk too much.

[Just234]

Talk too much you may well do ….. that really doesn’t reflect in your rather abrupt sentence of text. Maybe read over the comments and see from a professional point of view if a person was sitting in front of you would you be communicating the same thing.

maybe my expectations of coming to this forum are too great
maybe it is a forum for the informed and educated few to sit back and read the comments of the uneducated as some form of entertainment.
Like a secret society club - No it’s way too expensive and only for the rich to partake in. Goodbye.

and here lies the inequality of the society we live in.
Where justice and human rights are only available to the rich and the educated. And those within the system are maintaining that status quo for sure.
I may only be a hairdresser but I am still deserving of what every person gets the right to do - a peaceful sleep in their bed at night and feel safe in their home.
maybe I can’t afford your fees, maybe it is an expensive process, maybe you are not willing to expand on what the process is on a public forum but surely you can divulge a little of the law behind ASB and help in my understanding of the process.

Look in the media I am not the only one that is suffering. BBC have done a few documentaries on this very subject.
The victims commissioner made a statement saying that ASB is being seriously overlooked and is not being taken seriously enough. The problem is that no one takes it seriously enough and getting help from any organisation is far too difficult and out of reach for those that are suffering.

i know this much - that ASB is not a crime and is not dealt with as such but if I shout at someone to tell them to shut up it’s common assault.
Someone can shout at me intimidate me and urinate infront of my children in the street and as it’s ASB its not a crime but take all those things individually they are chargeable offences.

How do you call this justice?

And please if your ‘best effort’ response is to again tell me it’s too expensive a case to fight or to be clearer then please… don’t take up any of your time in replying at all.

[echat11]

Talk too much you may well do ….. that really doesn’t reflect in your rather abrupt sentence of text. Maybe read over the comments and see from a professional point of view if a person was sitting in front of you would you be communicating the same thing.

maybe my expectations of coming to this forum are too great
maybe it is a forum for the informed and educated few to sit back and read the comments of the uneducated as some form of entertainment.
Like a secret society club - No it’s way too expensive and only for the rich to partake in. Goodbye.

and here lies the inequality of the society we live in.
Where justice and human rights are only available to the rich and the educated. And those within the system are maintaining that status quo for sure.
I may only be a hairdresser but I am still deserving of what every person gets the right to do - a peaceful sleep in their bed at night and feel safe in their home.
maybe I can’t afford your fees, maybe it is an expensive process, maybe you are not willing to expand on what the process is on a public forum but surely you can divulge a little of the law behind ASB and help in my understanding of the process.

Look in the media I am not the only one that is suffering. BBC have done a few documentaries on this very subject.
The victims commissioner made a statement saying that ASB is being seriously overlooked and is not being taken seriously enough. The problem is that no one takes it seriously enough and getting help from any organisation is far too difficult and out of reach for those that are suffering.

i know this much - that ASB is not a crime and is not dealt with as such but if I shout at someone to tell them to shut up it’s common assault.
Someone can shout at me intimidate me and urinate infront of my children in the street and as it’s ASB its not a crime but take all those things individually they are chargeable offences.

How do you call this justice?

And please if your ‘best effort’ response is to again tell me it’s too expensive a case to fight or to be clearer then please… don’t take up any of your time in replying at all.

I honestly don't know what you are going on about, nevertheless post 9 gives you useful information and a way to move the matter forward.