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Nuisance neighbour creates second major flea infestation in 2 years

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  • Nuisance neighbour creates second major flea infestation in 2 years

    I moved into my 2nd floor flat with a communal entrance, (it’s a 3 story building with a flat on each floor), 2 years ago just before the start of the second lockdown and right from the beginning there were problems with the guy living in the downstairs flat who was letting his drinking buddies use his flat as the local pub taproom while the pubs were caused down, with people turning up in taxis with cases of beer under their arms from 10am in the morning and it being clear from the noise from below the drinking was going on until 2 or 2 in the morning, with it not being 2 or 3 “guests” he had drinking in his place, but often 8 or 10, it being a particular nightmare when they were watching the horse racing on the TV and them all drunkenly cheering their horses on.

    I complained to my landlady about it and put up with it until the 3rd day of his 3 day 70th birthday party when I went down, knocked on his door and asked him to keep the noise down, but all I got was abuse when he answered the door hardly able to stand up, him telling to me f*** off, it was his 70th birthday, his flat and he could do what he wanted and the party went on. I complained to my landlady next morning about it and after she had called him about it I had a knock on my door and when I answered it had 2 of his drinking cronies who were clearly plastered try to force their way in saying they were going to batter me for complaining to the landlady about the downstairs parties. Fortunately, I managed to close it before they got in, but they continued to try and batter the door down damaging the lock and splitting the door.

    The upstairs neighbour who had heard the commotion phoned the police and shouted down the stairs that he had done and this caused the 2 at the top of the steps to leave and most of the people still in the downstairs flat, but there were still 6 people in the flat when the police arrived.

    They made the people in the flat downstairs go out into the garden, examined the damage to my door asked me what had happened, and when I told them they asked me what I wanted to do saying they could either charge him with holding an illegal gathering and breach of the peace or give him a caution for both, them saying they could do nothing about the threats of violence and criminal damage to my door as the people who had done it had done a runner and downstairs wouldn’t tell they who they were claiming they has seen and heard nothing. At this, as I was still shaken up and didn’t want any more trouble, so agreed to them giving him a caution. I contacted my landlady again to tell her what had happened and ask her to get somebody to repair the door and when she arrived with her handyman to fix my door the downstairs neighbour still well drunk had a go at and was abusive towards her when she asked him what he was playing at, with this leading my landlady to telling him that she’d had enough of his behaviour and that as soon as the COVID ban on evictions ended he was out, she was going to evict him. This was 18 months ago.

    Since then he’s quietened down a little, but still continued with his regular buddies drinking sessions, (all 3 of our bins would be full of empty bottles and cans within 3 days of being emptied), although it did quieten down more when the pubs reopened, but once that happened the mangy long haired Alsatian dog he had would start barking and howling at anybody who walked past when he left it in on its own and on 3 occasions had a very large and clearly alcoholic woman he has staying with him drunkenly banging on my door in the middle of the night as he’d thrown her out, the first time her pushing her way in and refusing to leave until morning when I said I’d run her to her sisters so she had somewhere to go, with all my landlady saying when I spoke to her about it was that there was nothing she could do until the ban on evictions ended, then she would have him evicted.

    Then came the first flea infection caused by his dog last year, something that resulted in me spending the next 3 months being bitten to death by fleas, (I considered it actual bodily harm, my legs were bitten to hell for 3 months), with all the landlady doing about this being dropping off some flea spray and powder off that the council environmental health had recommended when I phoned them about it, me being the one that was left to powder and vac the communal hallway and stairs to try and get rid of the fleas, him and the landlady doing nothing, then I get 2 of his idiot drunken friends banging on my door again threatening me and the neighbour upstairs for daring to complain about his dog, with the flea infestation only clearing up after 3 months when the weather cooled and my daughter who has a commercial cleaning company steam cleaned the hallway and stairs carpets and all the carpets in my flat.

    Fast forward another year, the regular drunken parties are still going on, especially late night at weekends, his dog is barking and howling all the time when he’s out and I’ve had another pair of drunken idiots on my doorstep threatening me because I’ve dared to complain about his dogs barking again and the fleas are back, for the last 3 weeks me being bitten to death my them and hardly able to sleep because of the itching, and what’s my landlady done, nothing apart from drop off 3 flea bombs that you set alight to sort it, something environmental health told me was next to useless with an infestation like this.

    It’s got to the point where I’m at the end of my tether, and my landlady’s told me that as she’s been advised it will cost her thousands in solicitor’s fees if she tried to evict him for his anti-social behaviour and he gets legal aid to fight the case she’s not doing that, instead saying that she’s given him a good, (despite his history), reference so that he can leave on his own accord as she says he now wants to leave, with the problem here being that there’s no way he will get a private rental with a big long haired flea ridden dog and while he’s got a place, there is no way he will get social housing as he has somewhere to live, so because my landlady refuses to spend the money getting him evicted, I’m not only stuck with him, but his drunken idiot friends who party at his flat and think it’s OK to bang on my door and threaten me when they are full of Dutch courage and I ask them to keep the noise down, plus live with his dogs fleas.

    What can I do, I’m at the end of my tether here, surely my landlady has a duty to protect me from a neighbour like this as his dog’s fleas, with to me her refusal to evict him from his flat only because it will end up costing her a lot of money is her breaching my quiet enjoyment of the property by refusing to do something about it, with again me being the only one putting powder and vacuuming the communal areas to get rid of fleas, having to put up with the noise not only of his parties, his dog barking now, but also his dogs constant scratching while expecting another bang on the door from his drunken threatening friends again soon as my daughter has complained to the RSPCA about him not looking after his dog.

    Help, what can I do, surely the fact that the whole building is infested with fleas and they are eating me alive renders my flat uninhabitable, all advice appreciated.

    Holmey
    Tags: None

  • #2
    Look to your lease. It should contain clauses which require your landlord to not do anything (including through a co-tenant) to interfere with your enjoyment (technical term) of he premises let to you. Just what the lease contains will decide what you may be able to do.

    Comment


    • #3
      https://wondersofwordpress.com/Tenan...ment-Blank.pdf

      That's a blank copy of my tenancy agreement I've uploaded to one of my servers so you can have a read of it, with the relevant points to me being:

      A.6
      No animals are allowed in the property without our written permission. (We will not unreasonably withhold this permission.) We can withdraw this permission if we have a good reason.

      C.3
      Anything which may be a nuisance or annoy us or the neighbours. You must not play any radio, CD, record player, television or similar equipment or musical instrument in a way that will cause a nuisance, annoy the neighbours or be heard outside the property between 11 pm and 7.30 am.


      Them saying that she could withdraw permission for him to keep a dog there and kick him out for his clear and well documented unreasonable behaviour.

      Regards,

      Holmey

      Comment


      • #4
        I was looking to the landlord's explicit obligations (part D). No directly useful clauses are included. You want the ability to sue the landlord for failure to give effect to the first sentence of C.3. At best you would have to find an implied responsibility. Theoretically that may be available but it would not be clear and the risks would be disproportionate.

        Comment


        • #5
          Here is an example of a claim between neighbouring tenants:

          https://www.bailii.org/ew/cases/EWHC/QB/2022/1657.html

          You may gather some of the law of nuisance from this.

          Comment


          • #6
            Please correct me if I’m wrong, but this is the way I see it.
            1. The right to quiet enjoyment means I’ve a right to make use of my home without disturbance from the landlord or anyone acting on their behalf and I have this right even if I never had a written agreement, or it wasn’t implicitly implied in my rental agreement.
            2. My downstairs neighbor is definitely breaching my quiet enjoyment of the property by the constant drunken gatherings he has in his flat, his guests threatening me with assault and even damaging the property by trying to kick it down, (something a police caution was given for), the constant noise from his dogs barking and now scratching due to the fleas, his drunken “lodgers” forcing their way into my house while seriously intoxicated on one occasion refusing to leave and several times since banged on my door after having crawled up the stairs due to her being so intoxicated and the whole building ending up infested with fleas for the second summer in a row, the last time me having over 3 months of being severely bitten by fleas.
            3. I have proof of the above through online chat communication with my landlady who acknowledged what was happening regarding my complaints, her having visited the flay on many occasions and witnessed my downstairs neighbor’s anti-social behavior.
            4. From 3 my landlady can’t deny the validity of my complaints about my downstairs neighbor and the people he invites to his property or that she isn’t aware of the serious nature of the anti-social behavior they carry out.
            5. The Anti-Social Behavior of my downstairs neighbor and the people he invites to his flat is causing me both mental distress, (I have a diagnosis of ASD and ADHD), and physical harm, the flea bites being an example of physical harm.
            6. My landlady is renting the property to me as part of her business activities, (she is the majority shareholder and a director of the limited company named as the landlord on my rental agreement and signed it as an authorized signatory for the company, and as such her activities come under the Health and Safety at Work Act, and as such, under the H&SAW act has a responsibility to protect everybody she comes into contact with in the course of her work activities from both mental distress and physical harm and that includes me as a tenant of her company.
            7. My landlady has remedies available to her to prevent this harm being caused to me, for example:
            No animals are allowed in the property without our written permission. (We will not unreasonably withhold this permission.) We can withdraw this permission if we have a good reason.”
            In view of the problems caused by his dogs barking, scratching and for a second time in 2 years infesting the whole building she could withdraw the permission as she has more than good reason from what she has herself acknowledged in 3 above.
            This would immediately relieve the problem of the dog barking, but the fleas would take far longer to get rid of.
            Anything which may be a nuisance or annoy us or the neighbors. You must not play any radio, CD, record player, television or similar equipment or musical instrument in a way that will cause a nuisance, annoy the neighbors or be heard outside the property between 11 pm and 7.30 am.
            Under C.3 she is fully aware of and has acknowledged the nature of the anti-social behavior caused by his tenancy and could instigate eviction proceedings against him with sufficient evidence that would end up with any reasonable court finding in her favor and evicting him.
            Sublet the property or any part of it, or give up the property or any part of it to someone else. And if you do (even if we have given permission) you will be legally responsible for carrying out all 'right to rent checks' as set out in section 22 of the Immigration Act 2014, on any tenants or other people living in the property. You will pay us compensation for any losses, damages, cost, or fines we face as a result of you failing to carry out any right to rent check correctly.
            My landlady is aware of the fact that he’s been subletting the flat and has acknowledged this in 3. This would support her bringing eviction proceedings against him for his anti-social behavior.
            1. For reasons my landlady admits in 3 several times is down to the legal costs of bringing evictions proceedings against my neighbor even though she has stated several times she intends to she hasn’t done anything to remedy the harms being caused to me by her tenancy.
            My argument is that under the H&SWA and responsibilities as my landlord she has a legal obligation to protect me from both emotional and physical harm, something that is happening to me due to my tenancy, she is aware of what is going on and the serious nature of it, can do something about it, but isn’t as that has the potential to cost her a lot of money in legal fees, so because she doesn’t want to spend, I have to continue to suffer, which to me can’t be right?

            I’m considering going on rent strike, (why should I pay rent for a place that’s not fit for habitation due to a flea infestation that I’ve got bites on my legs to prove), and depositing my rent in a separate bank account and waiting for her to take me to court for non-payment of rent and then me entering a counter claim for breach of quiet enjoyment and failures under the H&SAWA, offering the court the contents of my rent account as a statement of good faith and taking it from there, with me feeling at the moment I’ve no other option but to do this, as she won’t and he won’t even spray or put powder down in the communal hallway leaving it all to me.

            What’s your view on this option?

            Regards,

            Holmey

            Comment


            • #7
              I would need very clear persuasion that Health and Safety is part of all this.

              You started off very well - quiet enjoyment.. I do not say stick only to that, but I would make that case exactly and see what else is avalable as back up.

              Surely your action is against the landlord - the company.

              Comment


              • #8
                I may have missed it in all those long posts - have you complained to the council's environmental Health Department? This may be a statutory nuisance.
                Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                Comment

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