Neighbour reporting our every move to the council

[tuniebellie]

Hi,

I am looking advice on where I and my neighbours stand legally.

To date things with our direct neighbour have been 'tense', they installed a fence on their boundary while we were on holiday and broke/damaged a number of edgers of ours in the process. When asked what they were going to do to put it right the lady replied, 'don't be so silly, you can hardly notice it, in fact I'm sure that damage was already there.' Well its convenient all the cracks/chips are at the points where posts were installed.

Anyway, now we are getting hassle from the planning department of the council as they have received multiple reports from one person regarding us 'trading' from our home. Once we got initial notification of this from the council we spoke to them and implemented any changes needed regarding our business so that we didn't have to apply for change of use. The business was only new and we were in the process of acquiring premises anyway so all was well. Fast forward a few weeks and having sold a few items on ebay and also purchased some too, we get another notification from the council stating that they have continued to receive reports that we are still 'trading' from our home without planning consent. The only 'trading' had been collection & delivery of personal items bought and sold privately and nothing whatsoever to do with business so this has freaked me out.

these recent transactions took place in my drive and my neighbour or anyone else, could only have been privy to them if they were right against the fence evesdropping or listening from an upstairs ensuite bathroom window. no other neighbour could see or hear the transaction.

So right now I feel spied on and slightly violated. There has not been business from our home since the initial council contact, yet i now feel the need to justify myself selling a pushchair and bed that are no longer needed and buying a fireplace which I paid cash on delivery for. I have actually cancelled a grocery delivery in fear that the envelopes and ink on the order could be deemed a business delivery by someone and I get in trouble for it!

Has my neighbour got a legal right to film or photograph me on my own property? Has my neighbour got a right to spy on me in this way? It is all very uncomfortable.

[PlanB]

Re: Neighbour reporting our every move to the council

This sounds like a horrid situation for you

I'm guessing the reason your neighbour has reported you to the council as "trading" is because Business Rates (which are much higher than normal Council Tax) could apply if you are running a business.

But I don't see how selling a pushchair on ebay could be seen as "trading" although I do know that HMRC trawl ebay for signs of this kind of regular activity :typing:

Are you in receipt of Housing Benefit in case your neighbour is trying to make trouble for you with the benefits team too? Any "income" must be declared and this could become another issue.

[PlanB]

Re: Neighbour reporting our every move to the council

Has my neighbour got a legal right to film or photograph me on my own property? Has my neighbour got a right to spy on me in this way?

Do you have any evidence that your neighbour has filmed or photographed you? Is there any CCTV camera aimed at your property?

I'm not sure that a neighbour whistleblowing to your local council is unlawful. If Wikileaks can do it maybe so can your neighbour

[Galahad]

Re: Neighbour reporting our every move to the council

I'd be inclined to write a sternly worded letter to the council quoting Article 8 of the Human Rights Act: Right to Respect Private and Family Life.

Id point out that the issue over running a business from home has long since been addressed and prove your occupation of a specific premises for business.

Id also point out that if you get one more unsubstantiated claim of the same nature again, you will simply hand the matter over to your solicitor, whereupon the council will be instructed to give details of the person making the claims that the council refers to, which I'm sure they wouldn't want to do.

Tell them that you feel 'harassed, alarmed and distressed' at these fabricated lies, and will no longer tolerate them. Give the council five working days to retract their statement under threat of legal action.

Councils don't like stuff like this going to court as it could potentially set a precedent for other tenants to use it against them.


They dont

[CleverClogs]

Re: Neighbour reporting our every move to the council

They dont

... like it up 'em? :rofl:

[Inca]

Re: Neighbour reporting our every move to the council

I'd say 2 words to the council NOW............PROVE IT
and 2 more when they can't..........................F...O..

[wales01man]

Re: Neighbour reporting our every move to the council

Inca. Took the words right out of my mouth there

[Inca]

Re: Neighbour reporting our every move to the council

I had a pain in the arse neighbour,,she was forever ringing the council if anyone so much as whistled walking past her house.
She had a disabled bay painted outside her house but no car and lived alone,but woe betide anyone who parked in that bay,,,,she made a BIG mistake the day she stuck a snotty note on MY car (and I have a blue badge)
One quick phone call to the Highways Dept.....and her bay got painted out.

[bluebottle]

Re: Neighbour reporting our every move to the council

Check the deeds of your home to see if there is a deed of covenant that prohibits or restricts trading from home. Some older houses, particularly those built around 1898 - 1907, appear to have such covenants included in the deeds.

Follow Galahad's advice, in the first instance, and see if that abates the issues you are getting with your neighbour. Any further such instances from your neighbour may amount to harassment under the Protection from Harassment Act 1997 (as amended). This contains a provision that enables you to apply to your local county court for an injunction. However, I must stress that this is a measure of very last resort when all attempts to achieve resolution or abatement have failed.

[Celestine]

Re: Neighbour reporting our every move to the council

Lots of people work from home, my own husband included. So long as you don't have articulated trucks delivering pallets of materials and causing noise and disruption, you are perfectly entitled to run a small office business from home. This should not trigger business rates. Obviously check the terms of your tenancy agreement carefully, but try not to let the harassment get to you.

[wales01man]

Re: Neighbour reporting our every move to the council

There is lots of info re working from home and business rates with some case studies/examples on a government website worth taking a look ,don't think selling personal stuff on ebay counts unless yts hundred items a day?

[tuniebellie]

Re: Neighbour reporting our every move to the council

It was a late one last night, just to clarify. We do run a business, and we were temporarily receiving business related deliveries while in the process of acquiring premises.

Currently, we run the office side of the business from home - council have no issue with this.

What 'trading' has been reported recently is me (heavily pregnant) selling used personal items from my home, deliveries in relation to personal orders, next, m&s, tesco etc, and any cash that he has apparently seen being handed over has been in relation to selling these personal items, ie, bed from our spare room that is being converted to a nursery, a single pushchair to help cover the cost of a double etc. Again the council have confirmed that such transactions are in line with personal business and they are not bothered by it.

What is bothering me is that this man has implied in the past that he has photographs/video evidence of us trespassing on his property (hence the reason for installing the fence as his side footpath runs along the edge of our drive, and sometimes my kids jumped out of the car and stepped onto his path). So in light of that I have a paranoia that he is still filming/photographing us. In order to do so he would need to be hanging out a bedroom or ensuite bathroom window, or pointing a camera directly at our property. Our home is owned and we are the freeholders, the deeds hold no office based business restrictions.

He has obviously been eavesdropping or spying on us in order to make such detailed reports to the council. My concern is that, despite confirming with the council the address of our new trading premises, clarifying with them that there is no business related traffic to and from my house, sending invoices to confirm the new delivery address, this neighbour continues to spy on us and report our every move to the council. Firstly it is invasive and causing me huge stress at a time when i should be relaxing the most. Secondly, it is concerning that we can be 'investigated' for trading but her behaviour is deemed normal, how can it be seen to be normal to know more about your neighbours moves/activities than they can recall themselves?!

At this moment in time we are 'happy' to leave things as they stand. The council have just confirm that they will be closing the investigation at present as they are satisfied we are not trading and do not need a 'change of use' application/approval. However, I feel the need to be au fait with laws and regulations as I am sure and certain that if this neighbour can cause hassle for us in such a way now, he is hell bent on causing trouble so it will only be a matter of time before the council get in contact stating they have once again received reports of trading from our home.

In order to prepare ourselves for this event we really do appreciate your time.

And if you reached here you are amazing

[wales01man]

Re: Neighbour reporting our every move to the council

You have been investigated nothing doing there end off If the neighbour is eavesdropping filming you need advice see a solicitor no good worrying about this sad person remember there are laws to protect you if they escalate things don't try to fight back as hard as it may be you have to ignore some things people have a habit of getting others that's you to commit an offence the police are called and you become the nuisance neighbour don't let that happen

[CleverClogs]

Re: Neighbour reporting our every move to the council

He does seem a remarkably sad and pitiable creature, if he has nothing better to do all day than to obsess about what his next door neighbours might be doing.

Does his doctor know about his "hobby"?

[tuniebellie]

Re: Neighbour reporting our every move to the council



That's it, I want to just go round a deck them! That's the redheaded temperament in me to be honest. We also think there is an underlying negative attitude because we are half their age, speak with a 'foreign', albeit British accent, and because we work from home do not fit conventional norms. They have always looked down their nose at us, and are terrible at boasting about all the work they have had done to their home, and made sure that if we go out to power wash our drive/front, that within the week they have paid someone to come in and do theirs etc etc etc.

I do agree, it is no doubt annoying them more that we haven't came around to confront them, which leads me to suspect that this will not be the end of it. They are condescending, patronising and downright miserable. Otherwise they wouldn't feel the need to attempt to ruin the livelihood of a young family, even if i was 'Delboy' if I'm not harming them or disturbing them why would you report to the council unless you are a vindictive miserable sod!?!