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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6044
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello I live next door to a property owned by Family Mosaic

Resolved Question:

Hello
I live next door to a property owned by Family Mosaic Housing Association and managed bty People Can as accomodation for ex offenders.
I have a meeting with family Mosaic tomorrow to discuss the possibility of closing down the property and for Family Mosaic to sell it or use it for family hoiusing.It is currently designated for use under the rough sleepers initiative (RSI).
Over the past 10 years we have suffered a great deal of noise nuisance and anti social behaviour. I have recently been given a copy of the tenancy agreement which states:

Clause 5. Noise
You must not make or allow any noiuse which is loud enough or happens often enough to cause a nuisance or annoy your neighbours,particularly between the hours of 11pm and 8am. You must make sure people who live with you and any visitors to your home do not make this type of noise. This could include ,but is not limited to:
* Loudly playing a musical instrument or audio equipment such as television,radio,compact disc or tape recorder,or
* using noisy domestic appliances such as washing machines,electric drills and sewing machines.

6.Anti-social behaviour
You must not behave in any way which will cause,or is likely to cause ,a nuisance to anyone . You must not annoy,abuse,theraten or be violent towards anyone in the neighbourhood,other tenants or our staff. This includes:
* slamming doors,arguing and shouting
* drunken behaviour


I would like to know:

* Is reporting to environmental health noise pollution service the only way to evidence noise nuisance and other problems listed above.
* Can I threaten to sue Family Mosaic for breach of tenancy of the occupants and for the affect on my mental health (I have suffered a lot of stress and have a GP appointment tomorrow to get a letter from my doctor to this affect).

I need to make a sound case to Family Mosaic to persuade them to change the use of the property.
They are already somewhat sympathetic as there have been many complaints over the years.
Family Mosaic I understand no longer receive additional funding for an RSI designated dwelling and do not want additional problems.
I need to cause them enough complaint to strengthen my case.
DoI have grounds to theraten legal action?
I look forward to hearing from You.
Regards
Sarah larcombe
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your question.

The difficulty is that you have no privity of contract with the tenants/association in respect of the tenancy agreement between them. It is a private contract and you cannot compel the association to enforce the covenants within it against the tenants. This means that you cannot sue either of them on the tenancy.

That is not to say that you cannot exert pressure. You should contact the local authority again and persist. Under s79 Environmental Protection Act 1990 a statutory notice includes
"noise that is prejudicial to health or a nuisance and is emitted from or caused by a vehicle, machinery or equipment in a street or, in Scotland, road.".

Under Section 80 of the Environmental Protection Act, once the local authority has determined that a noise nuisance exists, it must then serve an abatement notice either requiring the noise to be abated completely or restricting or prohibiting the noise, or demanding that works be carried out the stop the noise.

The Noise Act 1996 deals specifcally with noise at night above "permitted levels" for which an abatement notice can also be served. such a noise is
"a level applicable to noise as measured from within any other dwelling in the vicinity from an approved device... different permitted levels may be determined for different circumstances

Put this in writing to the local authority and request details of the measure they have taken so far. Before you do you should canvass other neighbours to see if they are willing in joining you in writing to the local authority.

You should also download a copy of the Land Registry title for the property to see if there is a covenant against the freehold title for the property which states that they should not make a nuisance and whether the covenant was made for the benefit of adjoining properties. If it was then you can sue the association for the breach of the covenant.

You can search for and download the freehold title here:-
http://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_Sj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0C7IdFQG9k5Tz/

I would suggest seeing a local solicitor after you have obtained the freehold title for the property and canvassed further opinion to get them to write to the association with a Letter before Legal Proceedings. If it does not cease hereafter and there is no covenant against the freehold title then your only avenue is against the local authority either getting them to provide evidence of what they have done to discharge their noise abatement responsibilities or to sue them because they haven’t.

You are only able to claim direct financial loss though, damages for mental health/distress are probably too remote to claim.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

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
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6044
Experience: BA (Hons), PgDip, Practising Solicitor
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