Suing a council for stress

[tickymicky]

What chance has my wife of suing our local council for causing her stress??
My wife and I own a flat that we have put up for sale.It is empty and ready to move into,having just been decorated and carpeted throughout.
We have had over 15 viewers since mid january,but all have said that although the flat is nicely presented,the upstairs flat puts them off buying ours.
The flat above ours has 3 smashed windows at the front,and 2 smashed windows at the back.There is also a pile of discarded furniture on the balcony.the tenant is known to the council and police for drug dealing.The windows have probably been smashed by dealers that the tenant owes money to.
I contacted the council around mid february over my concerns to the flat, and how it blights the neighbouhood, and has turned away potential buyers for our flat.They promised that the furniture would be removed by last week,but by yesterday,it was still there.They also promised thta the smashed windows would be replaced.Again,as of yesterday,the smashed windows are still in.
I rang my estate agent yesterday and asked why he thinks the flat isn't selling.His reply,was that although the viewers like the flat,the state of the flat above has put them off, causing them to think it is a rough area,and giving them cause for concern.He is going to email me his findings, and will see if any of the viewers would be willing to make a statement sharing their reason why they didn't want to purchase the flat.
All this has caused my wife stress and sleepless nights.She is having to visit her G.P. next week to increase the medication that she is already on.
Our flat is the cheapest for sale in a 10 mile radius,yet other more expensive flats within our vicinity are selling.
my question is:-Does my wife have a good enough case,(especially with documentary evidence of why the flat hasn't sold),to sue the local council for neglect to their property, failure to carry out repairs,and causing my wife stress/sleepless nights??
Incidentally,when I was on the phone to my estate agent,I was in the communal car park where my flat is, and the council were there repairing broken fences and trimming lawns.The housing officer and manageress were also there, heard my conversation, and when I had finished, spoke to me saying that they are on top of it, but they aren't,because nothing has been done.
Any help would be greatly appreciated.Both my wife and I are at our wits end.

[seduraed]

Re: Suing a council for stress

Sorry to hear about your problem. Maye I suggest that you remove the furniture yourself. Perhaps clean the communal area above. I can't suggest what to do about the windows but you need to be on to the council about them. I am sure more knowledgeable beagles will be along soon.

[leclerc]

Re: Suing a council for stress

I'd make a complaint to the local housing officer about the state of the place and I would not mention the fact that you are selling the house as being the sole reason for complaining. If that does not work then email the local councillor who sits on the housing committee. If the house above is council owned then they might have a clause within the contract to evict tenants who do not keep the house if good order although that won't happen overnight. The low price might even be a reason for it not selling because it might indicate that you have problems with the person above and that there is personal animosity which has lead to you selling the house(even if that is not true).

[Debt Camel]

Re: Suing a council for stress

Does my wife have a good enough case,(especially with documentary evidence of why the flat hasn't sold),to sue the local council for neglect to their property, failure to carry out repairs,and causing my wife stress/sleepless nights??

I can't imagine that the council has any duty to your wife to mend broken windows in a different flat.

If you have had tenants in this flat who were disturbed by noise etc from above, that would be a better reaon to complain. But you face the problem that any complaints such as this may put off future buyers.