How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6310
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Property Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

Hi. This is the 2nd time Ive used this site for the same

Resolved Question:

Hi.

This is the 2nd time I've used this site for the same reason, a dispute against the block of flats next to us.

Our [me and my friend share the flat] and as I said before I/we feel we are getting victimised by the other flats or certain people in it as we got accused last weekend of playing loud music all weekend and we were only in our flat for about 6 hours on the Fri afternoon/evening playing music very low through the TV channels [which by Law is fine as long as it's not really loud between the hours of 7am - 11pm, I am in Northern Ireland BTW but that's still part of the UK as I'm sure you're well aware] then we weren't in the flat again till around 10am Saturday morning which again I stuck on Sky and had some music channels on at a reasonable level and I left the flat again on Saturday afternoon/evening and nobody returned till Sun morning about 8am and we all went to bed so how the gets twisted by other residents of the court we live in who don't even live in the same block as us [and we get no complaints from the other 2 residents in our block] into us banging loud music all weekend is a load of nonsense.

Also about 4 weeks ago it was a Saturday again [ie the Weekend, during the week the place is silent] we were playing some music and had the window open cuz it was a good day and warm and one of the residence of the other block who we know is a policeman but in between me and my flat mates ages 25 & 29 so I think he's about 27 came shouting up at our window giving us abuse going mad telling us to let him in ringing our buzzer and I quote "it won't be me ringing your buzzer next time" and trying to coax us out to confront him like that's what he wanted so he could try say we hit him or something is our thinking and then he finally gave up. Low and behold later that night the police arrive, uninvited I might add as they say both our flat door and the communal door were both open so they just walked on in as they had a noise complaint [apparently] & this was early evening when were playing the music at the start when the first off duty cop gave us abuse long before 11pm which is the legal cut off time as long as it's not overly load which it wasn't it's just cuz we had the window open.

Anyway they looked about out flat with torches and asked us to turn the music down which was really load anyway and the left again, no warrent, none of us invited them in the to it upon themselves to walk in and we know for a fact the cop across the road I was talking about earlier just rang his cop buddies in badness, we can't prove it but it's pretty obvious he just wants to make our lives hell and complain to both his and my landlord till he gets us out which nearly did happen had my neighbour downstairs not spoke up for me and told them she hadn't heard a peap since I move in and she live below my flat and there is nobody above just a block to the side which I've mentioned.

My landlord is having a meeting with us on Fri about a few thing that are wrong with the flat and to sit down with both landlord and say that unless the can prove the noise is coming from our flat as there are other younger people who stand outside there houses down below us talking loud, shouting, smashing glass ect and they never get any complaints or police calls so it doesn't make sense.

What I am basically asking you here is where do me & my flat mate / landlord stand on these accusations as I'm going out all guns blazing and not moving for anybody when I haven't done anything wrong bar play a bit of music at a normal level or have a few friends round in my own flat on a weekend afternoon???????

Any help would be much appreciated, here's a copy of my last Prop Lawyers reply from last year when I had an eviction notice which got squashed due to my neighbour sticking up for me so there's either a vendetta to get us out or just blatant lies for whatever reason.

LAST RESPONSE FROM LAST YEAR --->


======================================

42 Irish Society Court Dispute

He cannot evict you until the end of the term without serving first a section 8 notice and second without obtaining a court order.

I suggest you acknowledge any concerns he has which on balance you feel agree legitimate and advise you will attempt to redress the same. You can advise him that you consider repeat threats however to be harassment and potentially offences under the Protection Against Harassment Act and Protection Against Eviction Act and a breach of contract and you will act accordingly if they continue by contacting the local authority's housing officer and issuing a claim for civil damages in the courts.

======================================
Lawyer Experience:
LL.B (Hons) UK practicing lawyer with 7+ years of residential and commercial property experience
Degree: LL.B (Hons), Prof. Dip. Law & Pract
Qualifications
7+ years experience in UK property law. Wide client base also dealing with trusts and wills.

======================================
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question and detail you have provided.

For clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-
1. What contact have you had with the police regarding the most recent incident
2. What action (if any) was taken by the police
3. What contact have you had with the local authority’s environmental department in this regard (if any)
4. When does the fixed term of your tenancy.
Kind regards.

Tom
Customer: replied 2 years ago.
1. Nothing
2. They told us to turn the music down, we said no problem, they that's fine and they left the flat.
3. None
4. I signed [I moved in first then my mate moved in at a later date] a years tenency agreement and moved in 1st Oct 09 and haven't signed anything since.

Cheers!

Ricky.
Expert:  Thomas replied 2 years ago.
Thanks Ricky.

What's your relationship like with your landlord?

Does he value you as a tenant?

Is he likely to attempt eviction if hassled by the other tenant of the building?

Tom
Customer: replied 2 years ago.
As far as I can gather from what he said "They can't get me kicked out without evidence that we are doing these noise cliams ect" and we have a good relatonship with him but the landlord of the other flats is giving hims a hard time saying "some of his tenents are threatening to move if it doesn't stop" ect so he would kick us out if the heat got to much for him but what they are saying about last weekend is just lies.

Anytime I have had a B'Day Party in my house and got complaints ect I admitted to them straight off but there's alot of fabricated stuff from the tennants at the other side to and you cop fella I mentioned is just doing anything in his power to get us out like a young cop on a power trip because we are around his age.
Expert:  Thomas replied 2 years ago.
Hi,

Quick meeting, I will be able to answer in ten mintues.

Tom
Customer: replied 2 years ago.
OK
Expert:  Thomas replied 2 years ago.

Hi

Thanks for your reply.

The key here is your relationship with the landlord and his inclination or not to evict you. A s8 notice would be too risky in these circumstances because there are issues of proof which could be resolved in your favour (ie. proving the noise was a sufficiently material breach of your tenancy agreement.

Because the fixed term of the tenancy agreement has expired it has now become a statutory periodic tenancy. This means that you must receive two months notice in the correct form. This would be r a Section 21(4)(a) Housing Act 1988 notice. The notice period is two months with such notice to expire at the end of a rent period. This explains it quite well:-
http://www.landlordzone.co.uk/notice_to_quit.htm
See notice by landlord on the above.

All that is require to be proved in these circumstance is that the fixed term has expired and you have received the correct notice. Thus, the landlord could evict you easily if he wished and you should therefore focus primarily on maintaining your relationship with him.

Only your landlord can evict you no-one else can.

The tenant may be a policeman but unless your conduct amounts to a public order offence then you cannot be arrested. The noise you describe is nowhere near this.

He could complain to the Local authority’s environmental department, but they would simply tell him to keep a diary of the noise and would only make a site visit if he subsequently complains further and confirms the incidents in the diary. If the local authority finds that you are making noise (for which they would have to see it for themselves) then it’s possible that they would serve a enforcement notice on you. If you were found to breach that notice then you could face a fine, however these are very rare and only used in the most excessive of cases.

The relationship with the landlord is the most important factor here for you

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 2 years ago.
Relist: Answer quality.
I need a better response with the person credentials at the bottom ready to be printed to present to the landlord meeting.
Expert:  Thomas replied 2 years ago.
Hi,

What else do you wish to know?

Tom

Customer: replied 2 years ago.
I need the reply typed in a way that can be presented to the landlord like it's a responce to what I said but is aimed at them instead of me with your credentials at the botXXXXX XXXXXke education ect ect if that makes any sence.

I need a sheet I can hand to them like it's directed at my landlord and the other blocks landlord if you no what I mean not direct at me, just more professional/official sounding/looking and like a list they can take note of not just replies to me as it looks like now.
Customer: replied 2 years ago.
I mainly want it directed atthe other flats tennents landlord as it's him that's causing the stink with my landlord who in turn will only take so much till he sees the only option to evict us due to the heat from the other landlord tennents ect cuz his tennents have a vendetta to get us out it seems and we are being harrassed out it comes across as nobody in our own block has said a word so how people across the street can hear all this supposed loud music is nonsense imo.
Expert:  Thomas replied 2 years ago.
Hi,

The letter that you wish to be drafted is no different from a letter that a solicitor would draft for you if you instructed them privately.

All experts are prohibited from accepting private instructions through the site or giving details of their identity I'm afraid. It's the terms of use for the site. If you wish for a local solicitor to draft the letter for you then they should charge around £50 + Vat, but neither I or any other expert on here will be able to do that for you I'm afraid.

If you consider that you are being harrassed them a simply letter sent to the offender parties detailing the chronology of the behaviour will suffice. At the end of the letter you should say that if the behaviour continues then you will apply for a Non-Molestation letter from County Court ordering that the behaviour ceases. If they were to breach this order then they would be in contempt of court which is a criminal offence.

If you consider that the tenants are harassing you then you should also write to the landlord setting out your complaints against them so that you can create a paper trail that suggests that the behaviour causing the problem is there's and not yours.

Ultimately, it's a question of how to manage the other tenants but you can't compel people to do things other than express the legal avenues available to you and that you are inclined to use them if it continues.

It does not change the fact that the landlord can evict you because your tenancy is now a statutory periodic tenancy unfortunately. If the landlord grants you another tenancy then your position is certain for the fixed term of that new tenancy.

You will also note that another expert has agreed with my answer.

Trust this clarifies please click accept.

Kind regards,

Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6310
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Property Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    2289
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    2244
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    1198
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    809
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/AJ/ajlaj01/2012-5-9_14051_Profile1.64x64.jpg Alex J.'s Avatar

    Alex J.

    Law

    Satisfied Customers:

    400
    LPC, 2 Years Conveyancing
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    212
    Barrister 17 years experience