Our rights, living next to nightmare neighbours who are renting adjoining property

[Joolsmc]

Without going into too much detail - anti social neighbours moved into property next door in summer last year, the property has been rented out to them, landlords live abroad. Have had numerous problems with dog barking, domestic arguments etc. We tried to talk to them initially about the dog which was resolved for a while but when it started again they accused us of victimising them. We did contact the council but the barking was not constant, when it did happen though it went of for hours. At this point we tried to ask the landlord/letting agent if they could do something about it but they said their hands were tied and it would cost time and money to remove them which they could not afford. The worst incident was back in February - the male of the property one morning decided to confront my husband about us parking on the pavement outside our house (everyone else does it including him). It ended up with him coming on to our property which resulted in my husband hitting him - the police were called out but no action was taken against either side. Since that time, the male has been very intimidating towards my husband and even towards my 20 year old daughter on two occasions. Still the landlord said they were not responsible for the actions of an individual. We took the decision in April to move out of our home and live in rented accommodation as we could not live next door to this any longer. The house is up for sale at present. We have already lost one sale as they found out that our neighbours are 'not nice' people. I realise we have to declare this on a sellers form and are taking advice from our solicitor at present. I am worried sick we will not be able to sell our property - Just wondered if anyone had any advice or could let us know what our options are? thank you

[wales01man]

Re: Our rights, living next to nightmare neighbours who are renting adjoining propert

Not many options apart from selling stupid of hubby to hit the neighbour and lucky no court case

[Joolsmc]

Re: Our rights, living next to nightmare neighbours who are renting adjoining propert

I agree my husband should not of hit him but it was done in self defence as the guy had him up against the wall of our house. Since this incident, despite the neighbour hurling abuse at my husband, standing and staring at him at the bottom of the drive etc, my husband has done nothing. The guy was obviously just looking for a fight. Thanks for your comments anyway

- - - Updated - - -

What I also failed to mention was that the guy was taken on as a Steward at our local sports and social club back in december. He was sacked within 3 weeks because of his violent behavior. Since that time, he has intimidated committee members of the club and hurled abuse at them, even in front of children at the school gate. My husband is not normally a violent person

[Openlaw15]

Re: Our rights, living next to nightmare neighbours who are renting adjoining propert

Without going into too much detail - anti social neighbours moved into property next door in summer last year, the property has been rented out to them, landlords live abroad. Have had numerous problems with dog barking, domestic arguments etc. We tried to talk to them initially about the dog which was resolved for a while but when it started again they accused us of victimising them. We did contact the council but the barking was not constant, when it did happen though it went of for hours. At this point we tried to ask the landlord/letting agent if they could do something about it but they said their hands were tied and it would cost time and money to remove them which they could not afford. The worst incident was back in February - the male of the property one morning decided to confront my husband about us parking on the pavement outside our house (everyone else does it including him). It ended up with him coming on to our property which resulted in my husband hitting him - the police were called out but no action was taken against either side. Since that time, the male has been very intimidating towards my husband and even towards my 20 year old daughter on two occasions. Still the landlord said they were not responsible for the actions of an individual. We took the decision in April to move out of our home and live in rented accommodation as we could not live next door to this any longer. The house is up for sale at present. We have already lost one sale as they found out that our neighbours are 'not nice' people. I realise we have to declare this on a sellers form and are taking advice from our solicitor at present. I am worried sick we will not be able to sell our property - Just wondered if anyone had any advice or could let us know what our options are? thank you

Sue the landlord for any losses owing to forcing you to sell for his tenant breaching his covenant but taking no action against him. Sue your neighbour for being a nuisance and for losses you incurred by having to sell up. Against your neighbour, you could have got an harassment order (civil) either civil or criminal orders.

[Joolsmc]

Re: Our rights, living next to nightmare neighbours who are renting adjoining propert

Thank you for your reply. I read somewhere that a landlord cannot be held responsible for the actions of another? The thread was quite old though, do you know if the law has changed. I really would like to sue the landlord but from I've heard we would not have a leg to stand on.

[des8]

Re: Our rights, living next to nightmare neighbours who are renting adjoining propert

The law has not changed, but perhaps clarified:
In Coventry v Lawrence which appeared before the Supreme Court in February 2014, a judgement was made on the issues of nuisance and public policy.
Briefly, the Supreme Court has ruled that a landlord will not be liable for a nuisance caused by its tenant, except in circumstances where it can be shown that the landlord has authorised or has directly participated in the tenant’s acts of nuisance.

[Joolsmc]

Re: Our rights, living next to nightmare neighbours who are renting adjoining propert

Does that mean that if the landlord is aware of the problem and chooses to do nothing that they can be held liable?

[wales01man]

Re: Our rights, living next to nightmare neighbours who are renting adjoining propert

Involved in or authorised the problem does not state LL was aware

[des8]

Re: Our rights, living next to nightmare neighbours who are renting adjoining propert

It is complex !

You could argue that as the landlord is aware of the offensive behaviour but has done nothing to curb it, he is liable for allowing it to continue.
I'm sure OL will have a more in depth view of this.

To take action via the courts might prove more expensive than it's worth, with no guarantee that you would be successful.

[Joolsmc]

Re: Our rights, living next to nightmare neighbours who are renting adjoining propert

Landlord and letting agents were fully aware of the problem. The Landlord told me that she was worried about upsetting the guy in case he smashed her house up and it would cost too much money to evict them legally, money they can't afford. The letting agent told me nothing could be done either as tennants have rights. I feel at a dead loss here, we have had to move out of our home of 25 years (mortgage just finished), we are going to have to kill ourselves financially to go through this and to top it all, we have to declare what this person is like on our house pack which will put people off buying - we have already had one dead cert buyer pull out because she found out about our horrible neighbours. I see no way out of this to be honest

[des8]

Re: Our rights, living next to nightmare neighbours who are renting adjoining propert

As OL said "sue the neighbour"... if he has any assets.

[wales01man]

Re: Our rights, living next to nightmare neighbours who are renting adjoining propert

As OL said "sue the neighbour"... if he has any assets.

Might as well smack him again guaranteed it would get extremely nasty time to think again he most likely has nothing to sue for

[Joolsmc]

Re: Our rights, living next to nightmare neighbours who are renting adjoining propert

Neighbour has no assets, lives with the partner and her two children. Only just recently got a job part time. Believe me, my husband would love to smack him again - he has to go back to our house every so often to make sure everything is ok, it makes him feel physically sick to drive up the road. Just an impossible situation. Making us all feel ill to be honest, my daughter has even started to lose her hair which is down to stress the doctor has said

[wales01man]

Re: Our rights, living next to nightmare neighbours who are renting adjoining propert

While I feel for you have had neighbour problems seems there is nowhere to go but sell up and move on people like this one always carry on until there is no one to abuse or upset .

[Openlaw15]

Re: Our rights, living next to nightmare neighbours who are renting adjoining propert

The law has not changed, but perhaps clarified:
In Coventry v Lawrence which appeared before the Supreme Court in February 2014, a judgement was made on the issues of nuisance and public policy.
Briefly, the Supreme Court has ruled that a landlord will not be liable for a nuisance caused by its tenant, except in circumstances where it can be shown that the landlord has authorised or has directly participated in the tenant’s acts of nuisance.

Lawrence [2014] UKDSC 13, at paragraph 1:

"LORD NEUBERGER (with whom Lord Clarke and Lord Sumption Agree)

Introductory

1. This judgment is concerned with a number of points which arise from this Court’s decision in Coventry v Lawrence [2014] UKSC 13, [2014] 2 WLR 433. By that decision, we held that the occupiers of a Stadium, David Coventry trading as RDC Promotions, and a Track, Moto-Land UK Limited, were liable in nuisance to the appellants, Katherine Lawrence and Raymond Shields, who were the owners and occupiers of a residential bungalow, Fenland, some 850 yards away. The nuisance arose from the use of the Stadium for speedway racing and other motorcar racing, and the use of the Track for motorcycle racing and similar activities."

I have however not read this absurdly long 91 page document. This is a case against a company by an ordinary neighbour (ie not a company).