Problem with neighbour upstairs
Discussion
Can anyone help. I have had an hysterical reaction to my request about a couple of issues with upstaris to be sorted out before my totally unpleasant neighbour (Now moved out) moves in some tennants. Now I know I am a bit noisy and am not totally without blame but some of the points she raises her are a bit odd. Especially the one about the bin!
I have a problem with a leek from a tank in her attic and raised this with her over 6 weeks ago kindly requesting access to turn off the water supply as the tank is no longer needed. 6 weeks later and I am starting to see rising damp and so I said that I will have to turn off the water supply to the flat whilst no-one is living there. Maybe i could have worded it better but all i want is to either give me access or go up there and do it herself, it would take 2 minutes.
I got this from her :
You have raised the issue of noise transmission between our properties before. As I stated previously the issue does not affect me and therefore i am not prepared to spend money resolving your problem. I suggest that you explore suspended ceilings as a way of insulating your flat or that you consider moving. Converted flats are notoriously bad for sound transmission and i am surprised that your own research or the survey you had at the time of purchase did not make you aware of this.
I am sorry that we find ourselves in dispute, however you are now proving to be an irritation in my life. As such when we meet with our solicitor later this week we will be exploring placing a caution on the title of your property, this would mean that in the event you try to sell your property any potential purchaser will be made aware by their solicitor of the dispute between us over noise issues, I would suggest this will make your property un-saleable. Furthermore we will explore how we can exercise our legal right within the lease to use my bin store which is located in your garden.
Its the solicitor bit that I ahve a concern over. Can she do this?
I have a problem with a leek from a tank in her attic and raised this with her over 6 weeks ago kindly requesting access to turn off the water supply as the tank is no longer needed. 6 weeks later and I am starting to see rising damp and so I said that I will have to turn off the water supply to the flat whilst no-one is living there. Maybe i could have worded it better but all i want is to either give me access or go up there and do it herself, it would take 2 minutes.
I got this from her :
You have raised the issue of noise transmission between our properties before. As I stated previously the issue does not affect me and therefore i am not prepared to spend money resolving your problem. I suggest that you explore suspended ceilings as a way of insulating your flat or that you consider moving. Converted flats are notoriously bad for sound transmission and i am surprised that your own research or the survey you had at the time of purchase did not make you aware of this.
I am sorry that we find ourselves in dispute, however you are now proving to be an irritation in my life. As such when we meet with our solicitor later this week we will be exploring placing a caution on the title of your property, this would mean that in the event you try to sell your property any potential purchaser will be made aware by their solicitor of the dispute between us over noise issues, I would suggest this will make your property un-saleable. Furthermore we will explore how we can exercise our legal right within the lease to use my bin store which is located in your garden.
Its the solicitor bit that I ahve a concern over. Can she do this?
Edited by Cap'n Custud on Wednesday 26th November 12:44
Hello Cap'n.
I cant help personally, but try posting this question at www.landlordzone.com
Its free to join and there are some very helpful chaps on there - one in particular, Jeffrey who is a Lawyer.
Hope this helps, and let me know how you get on.
All the best
Hoppy
ETA: Jeffrey and all the others give their advice free of charge.
I cant help personally, but try posting this question at www.landlordzone.com
Its free to join and there are some very helpful chaps on there - one in particular, Jeffrey who is a Lawyer.
Hope this helps, and let me know how you get on.
All the best
Hoppy
ETA: Jeffrey and all the others give their advice free of charge.
Edited by Hoppy2008 on Wednesday 26th November 12:49
scotal said:
In the words of the great Soovy.. Lawyer Now.
You're being bullied, you need to react.
Agree. Her reaction would make me want to set her flat on fire. I know, pyrrhic (sp) victory and all that. You're being bullied, you need to react.
Is she liable for the damage to your flat as a result of the leak? I'm sure correcting damp can be VERY expensive....
Cap'n Custud said:
Can anyone help. I have had an hysterical reaction to my request about a couple of issues with upstaris to be sorted out before my totally unpleasant neighbour (Now moved out) moves in some tennants. Now I know I am a bit noisy and am not totally without blame but some of the points she raises her are a bit odd. Especially the one about the bin!
I have a problem with a leek from a tank in her attic and raised this with her over 6 weeks ago kindly requesting access to turn off the water supply as the tank is no longer needed. 6 weeks later and I am starting to see rising damp and so I said that I will have to turn off the water supply to the flat whilst no-one is living there. Maybe i could have worded it better but all i want is to either give me access or go up there and do it herself, it would take 2 minutes.
I got this from her :
You have raised the issue of noise transmission between our properties before. As I stated previously the issue does not affect me and therefore i am not prepared to spend money resolving your problem. I suggest that you explore suspended ceilings as a way of insulating your flat or that you consider moving. Converted flats are notoriously bad for sound transmission and i am surprised that your own research or the survey you had at the time of purchase did not make you aware of this.
I am sorry that we find ourselves in dispute, however you are now proving to be an irritation in my life. As such when we meet with our solicitor later this week we will be exploring placing a caution on the title of your property, this would mean that in the event you try to sell your property any potential purchaser will be made aware by their solicitor of the dispute between us over noise issues, I would suggest this will make your property un-saleable. Furthermore we will explore how we can exercise our legal right within the lease to use my bin store which is located in your garden.
Its the solicitor bit that I ahve a concern over. Can she do this?
She can do but it will show up when or if she tries to sell her place to ,shooting herself in the foot over that imo I have a problem with a leek from a tank in her attic and raised this with her over 6 weeks ago kindly requesting access to turn off the water supply as the tank is no longer needed. 6 weeks later and I am starting to see rising damp and so I said that I will have to turn off the water supply to the flat whilst no-one is living there. Maybe i could have worded it better but all i want is to either give me access or go up there and do it herself, it would take 2 minutes.
I got this from her :
You have raised the issue of noise transmission between our properties before. As I stated previously the issue does not affect me and therefore i am not prepared to spend money resolving your problem. I suggest that you explore suspended ceilings as a way of insulating your flat or that you consider moving. Converted flats are notoriously bad for sound transmission and i am surprised that your own research or the survey you had at the time of purchase did not make you aware of this.
I am sorry that we find ourselves in dispute, however you are now proving to be an irritation in my life. As such when we meet with our solicitor later this week we will be exploring placing a caution on the title of your property, this would mean that in the event you try to sell your property any potential purchaser will be made aware by their solicitor of the dispute between us over noise issues, I would suggest this will make your property un-saleable. Furthermore we will explore how we can exercise our legal right within the lease to use my bin store which is located in your garden.
Its the solicitor bit that I ahve a concern over. Can she do this?
Edited by Cap'n Custud on Wednesday 26th November 12:44
Have you refused her access to her bin store ?
Did you not get an answer to the tank leak from her ? I thought most leases have some wording where you can gain access to water tanks etc if they are in loft voids
Try giving CAB a quick ring to see where you stand then get a lawyer
Edited by MrV on Wednesday 26th November 12:55
Have you complained about noise transfer? I thought this was about a leak?
If you have not complained, respond to her and her solicitors to get a copy of your alleged complaint, as if you ahve not made it, she may have confused you with someone else.
The caution is a nonsence as you can put one on her property too. Also, even without a formal caution, you would still have to declare any dispute to your solicitor in the event of a sale.
If the place is empty and it is causing damage to your property, i think you can ENFORCE entry to stop the leak. Your house inurerer should help with solicitor fees your end to sort this, even if you dont have legal cover which most policies do have. They wont want the ceiling coming in on you and costing a fortune to fix.
If you have not complained, respond to her and her solicitors to get a copy of your alleged complaint, as if you ahve not made it, she may have confused you with someone else.
The caution is a nonsence as you can put one on her property too. Also, even without a formal caution, you would still have to declare any dispute to your solicitor in the event of a sale.
If the place is empty and it is causing damage to your property, i think you can ENFORCE entry to stop the leak. Your house inurerer should help with solicitor fees your end to sort this, even if you dont have legal cover which most policies do have. They wont want the ceiling coming in on you and costing a fortune to fix.
Hopefully the landlordzone can help you.
In my very very limited knowledge the leak is causing you a nuisance, so you might be able to serve her a legal notice to have it fixed within 14 days, or you will get it done and bill her for it.
Again proper advice is the way to go - so maybe ignore mine above !!
In my very very limited knowledge the leak is causing you a nuisance, so you might be able to serve her a legal notice to have it fixed within 14 days, or you will get it done and bill her for it.
Again proper advice is the way to go - so maybe ignore mine above !!
I know everyone is suggesting getting legal on her ass and I was tempted to type VBRJ and be done with it BUT...
What about killing her with kindness?
If all you want is a tap turned off surely some face-to-face friendliness could sort the whole thing?
You haven't mentioned the details about the noise issues - what are they? +1 on checking your lease.
But before lining some lawyer's pocket I would explore every other potential avenue first.
Also as leverage over her you should note that if she makes the dispute official, it makes her flat "unsaleable" at least according to her own logic. She would have to divulge to dispute to any of her potential buyers.
What about killing her with kindness?
If all you want is a tap turned off surely some face-to-face friendliness could sort the whole thing?
You haven't mentioned the details about the noise issues - what are they? +1 on checking your lease.
But before lining some lawyer's pocket I would explore every other potential avenue first.
Also as leverage over her you should note that if she makes the dispute official, it makes her flat "unsaleable" at least according to her own logic. She would have to divulge to dispute to any of her potential buyers.
Who owns the freehold of your flat?
Assuming it's someone other than you contact that person or the management committee and ask them to take action regarding the leak. The lease will almost certainly contain provisions allowing the freeholder access either in an emergency or to carry out repairs that have been requested and haven't been carried out. Look at your lease as hers will be in a similar form. There will be some provision somewhere.
If there isn't anything (which would surprise me) then phone the environmental health and lean on them...
I haven't done litigation for a while but I doubt she's got any grounds to put any sort of Notice on your property. She is though correct that as you have raised disputes with her you (and she) will have to disclose these to any potential purchasers.
What has happened regarding the bin store and noise? You need to tell the whole story on these points.
If the noise problem is caused by a lack of carpets above you'll probably find her lease requires her to have carpets (our adjoining semi neighbour is bleeding noisy because they've got bare boards)
Assuming it's someone other than you contact that person or the management committee and ask them to take action regarding the leak. The lease will almost certainly contain provisions allowing the freeholder access either in an emergency or to carry out repairs that have been requested and haven't been carried out. Look at your lease as hers will be in a similar form. There will be some provision somewhere.
If there isn't anything (which would surprise me) then phone the environmental health and lean on them...
I haven't done litigation for a while but I doubt she's got any grounds to put any sort of Notice on your property. She is though correct that as you have raised disputes with her you (and she) will have to disclose these to any potential purchasers.
What has happened regarding the bin store and noise? You need to tell the whole story on these points.
If the noise problem is caused by a lack of carpets above you'll probably find her lease requires her to have carpets (our adjoining semi neighbour is bleeding noisy because they've got bare boards)
Ok, thanks to all that have replied.
Firstly. I have complained about the noise as ther is a big problem with the lack of insulation. I just wanted to get some down in the bathroom before she moved in tennants as it sounds like the washing machine is about to fall onto the bed (the machine is in her bathroom which is directly above my bed) My whole bedroom rattles!
I have no-idea what she is talking about over the bin.!!!!!
I am booking an appointment with a solicitor! Today!
I have been waiting 6 weeks for either access to the tank of for her to "pop up" and turn off the tap to the now defunct supply as the tank is overflowing and running down the outside of the wall. the splashback has started to cause an obvious dapm patch which is worryingly looking like damp now!
She is the most evil person I have ever had to deal with. I just don't know how to handle her. I get on with EVERYONE! This has totally thrown me!
ETA: If i put a sign up in my window stating there is an issue and dispute ofer the noise can she sue me. This would be visible to prospective tennants?
Firstly. I have complained about the noise as ther is a big problem with the lack of insulation. I just wanted to get some down in the bathroom before she moved in tennants as it sounds like the washing machine is about to fall onto the bed (the machine is in her bathroom which is directly above my bed) My whole bedroom rattles!
I have no-idea what she is talking about over the bin.!!!!!
I am booking an appointment with a solicitor! Today!
I have been waiting 6 weeks for either access to the tank of for her to "pop up" and turn off the tap to the now defunct supply as the tank is overflowing and running down the outside of the wall. the splashback has started to cause an obvious dapm patch which is worryingly looking like damp now!
She is the most evil person I have ever had to deal with. I just don't know how to handle her. I get on with EVERYONE! This has totally thrown me!
ETA: If i put a sign up in my window stating there is an issue and dispute ofer the noise can she sue me. This would be visible to prospective tennants?
Edited by Cap'n Custud on Wednesday 26th November 13:27
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