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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 20643
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Hi There, I have a problem with the house attached, It is

Resolved Question:

Hi There,
I have a problem with the house attached, It is owned by a landlord who doesn't seam to care. In the last ten years we have had to put up with constant noise, and nuisance due to the landlord putting up to five tennets into a bungalow that was only built for a small family. The loft was used by the previous owner as a store room, the landlord installed a fixed staircase and converted into two more bedrooms.
I have spoken to him about the lack of sound insulation on the party wall and the thin carpets on the stairs and upstairs but he does nothing.
I have also spoken to him regarding the brambles and ivy damaging our fence, but he still does nothing, over the years we have had to put up with noise, drug dealers, and canibis growing in the loft rooms. I would move if i could but due to the state of his property no one will buy mine.
What can I do?
Phil
Submitted: 1 year ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Stuart J replied 1 year ago.
Hello, I am Law Denning and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day today.

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

What type of contract do you have?
Customer: replied 1 year ago.

Hi I have no contract as I own my own property, the issues I have are with the attached bungalow that has been bought by a landlord about eight years ago and slowly declining in maintanance and upkeep, has had numarous tenents mainly students, which I have no problem with as long as they are considerate during the hours of 23.00 to 8.00.


My issues are with the way the landlord has converted the bungalow and the neglect of the property and garden. This has caused us years of nuiscence, low level noise (due to lack of sound proofing, and accustic dampening within the building, banging of doors, loud music, screaming and shouting etc. our fence has been taken over by brambles and ivy and I am fed up of constantly having to ask the landlord and tennets to be more considerate.


I am at the point of thinking about taking some form of leagal action, but don't know what my rights are.


I understand that as I own the fence I could put in a claim for a new fence due to the damage caused by the brambles etc.


What about the poorly converted bungalow and the constant background noise?


 

Expert:  Stuart J replied 1 year ago.
There are several things you can do.
The first thing I would do is report the loft conversion to the building regulations department and the planning authority at the local Council. That should have planning consent. It will also affect the council tax band of the property in all honesty.

With regard to the noise, this is something to report to the environmental health Department at the local Council. They can put sound monitoring equipment into the house to see whether this is normal noise of living or whether it is unacceptable. If it is unacceptable, they can issue a noise abatement notice on the neighbours. That is particularly effective with music but applies to anything.

If you think they are doing this to harass you, then you can get them warned under the Protection from Harassment Act if for example, they are continually banging doors etc.

If the garden is overgrown with brambles, there is actually nothing that you can do about the brambles themselves. The neighbour may like the brambles in the garden.
However if the brambles come over to your side, you can apply to court for an injunction to compel the neighbour to cut them or cut them off yourself and throw the pieces back over. If the brambles damage the fence, you can sue the neighbour for the damage to the fence.

Although the local authority will not be interested if the garden is only full of brambles, if it is full of junk, they can order the neighbour to clean it up and the neighbour does not clean it up when so ordered, they will do it and charge him and if he does not pay the bill, they will sue him.

Although they cannot do anything, if you know the names of the students, you can complain to the head of their teaching institution if you know what it is. Most students are anxious to stay on the right side of their college or university and that might go a long way. Ultimately, the college or university has no teeth to be able to deal with this but it might be an avenue that you want to explore.

In addition to any action brought by the local authority, you can also bring a private injunction for them to quell the noise. In order to do that you are going to need some proof that the noise is indeed above normal living noise.

At this stage, I would suggest a solicitors letter addressed to the students threatening an application to court and for costs. If the latter is strongly worded, they may sit up and take note. I think you would be better pointing it at the students rather than the landlord because clearly, from what you tell me, he does not take a lot of notice. With the landlord, he is not likely to do anything unless you actually issue court proceedings or the Environmental Health Department decide to issue a noise abatement notice.

It will not stop the noise but if you get the deeds of the house which you can do for 3 pounds from the land registry
https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/

You can find out who his mortgage lender is. There is a possibility, a 50% chance that he does not have lender’s consent to that the property out. If he does, and reporting it to the lender is a waste of time. If he does not, the lender will either tell him to stop letting the property out all will increase his mortgage rate. It may not have the desired effect and it may annoy the neighbour even more but I mention for completeness of my answer.

I am off-line shortly until later but will pick this up then if needed.

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Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 20643
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and 3 other UK Property Law Specialists are ready to help you

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Stuart J
Stuart J
Solicitor
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PGD Law. 20 years legal profession, 6 as partner in High Street practice