BS: Neighbour from? Can I send him back?

Subject: BS: Neighbour from? Can I send him back?
From: Penny S.
Date: 20 May 07 - 04:48 AM

Some years ago I posted about a preblem with neighbours and had a lot of lovely support from Mudcatters. That problem was sorted, the neighbours concerned now friends, though they have moved out, and are now apologetic about their choice of person to sell to.

He is attempting to destroy me.

The root of the matter is the same as the old one. A timber floor between my living room and their bedroom, driven to creaking more and more as central heating installed below induced changes, and which I had not noticed getting worse.

The new owner started negotiations, then suddenly shifted into giving out 60 day demands for my compliance, or he would consult the EHO. I got there first, and asked him to do so before the 60 days, while starting to consult about processes for the floor. (The previous occupant is now in flooring, and eventually his company carried out the work. This was slow to happen.) A friend who had legal experience in housing problems offered help.

The EHO eventually arrived (after the 60 days - he is obsessive about sticking to his plans) and said there was no nuisance to be abated.

Meanwhile, the neighbour and his partner started a campaign of parking so that it was difficult and sometimes impossible to access my garage, opposite their front door. They complained about my reversing towards their door. He parked his car one cold morning under my open window with his engine running for half an hour. He complained about my filling his porch with fumes - car towards two sealed UPVC doors for 30 secs. He drove his car at mine while I was leaving one morning. No-one saw, though I did ask the one person on site at the time. Later, he was to drive his car at me, outside my car, while I closed my garage door. Again, no witnesses.

He complained about a leak from my mains pipe in his flat. This was a very minor dampness from the drain thing. I agreed to him engaging a plumber and invoicing me. I noticed the stopcock, which I had had replaced about five years before, had been painted over, and said I would not pay for its being released. He acknowledged he had painted it, but denied this in writing later. He had done it, as I have the evidence from his vendors that they had not done so, and it was clearly visible which paint was responsible. I did not pay for this. He demanded access for his plumbers to my flat to release air, but they said this was not necessary.

He gave my name and address to a third party for a quote of nearly £1000 for a new floor in my name.

I left him a note updating on when work would take place. I was washing out plastic bottles when he got home, and in the time it took for him to walk to the stopcock, my water pressure diminished drastically. This was witnessed by a neighbour. By the time I got the previous owner over as well to go in and restore it, it had crept back up again, so we didn't pursue it. This was when the legally minded friend disappeared and could not be contacted, so i had to use other channels.

After the work was done, he thanked me at a flats meeting, but submitted a plan of still noisy areas. I appended to them photographs of my room, showing that these areas were under furniture, and so not generating noise, and refused to carry out further work to my living room, as the nuisance element was abated.

I thought the matter resolved. Then comes the matter of the extension to my lease, which is a formality, or should be, following from our purchase of the freehold, in which I paid an excess to the then landlord for this. On bringing it up at the meeting, he demanded I have a full structural survey before this be granted, but was outvoted. He has since written to the company solicitor, apparently demanding information about the status of my lease. I believe he wants to pursue my failure to paint regularly.

He has moved out, and sublet, despite, apparently, believing the floor overhead to be unsound. He continues to pursue me, except, strangely, that he will only communicate via email (not to me, as I won't give him my address), and has not given me, the company secretary, his address. He is entitled to continue as director. He is not entitled to veto a decision of the company, or to make demands of the solicitor. Legally he has no leg to stand on. But the others here do not want ot be part of the argument, and will not speak up in meetings. He and his partner have been cultivating those they can, so they must feel a sort of betrayal is involved if they "take my side".

My kitchen floor still needs work, and plans are in train.

I dread meetings. I cannot feel I am quietly enjoying my home any more. If he were, as he behaves, the sole landlord, I could invoke the clause about quiet enjoyment against him (he though it meant he had a right to silence), but as the company is not doing it, I can't. Unless the other directors allowing him to do so unchallenged opens them to action on those grounds?

I'm not quite at my wits' end, but I feel so vulnerable, and simply cannot understand why someone can be so obsessively nasty, even if he does believe himself wronged. His girlfriend is one of those queenbees, and I have failed to acknowledge her as such, so her malice is predictable.

I'm about to retire. I don't have money to spend on people who can afford to own two properties.

Penny

Subject: RE: BS: Neighbour from? Can I send him back?
From: MBSLynne
Date: 20 May 07 - 10:40 AM

All I can do is sympathise. We had/have a neighbour who is on medication for mental problems, all of which he seems to want to take out on us. We've been to court (and won) and at present he is living at his girlfriend's home and is only next door perhaps once every couple of weeks for an hour or two. This is a great relief, but it's still awful that we don't feel comfortable to go into our garden while he is there. He also has a radio on a timer which comes on at 6.30am for three hours, then again at lunch time and once more in the evening. We've already been onto EH once and they made him turn it down but it has crept back.

There is nothing much worse than a bad neighbour. You really do have my complete sympathy

Love Lynne

Subject: RE: BS: Neighbour from? Can I send him back?
From: katlaughing
Date: 20 May 07 - 11:17 AM

Wow, and all I have to complain about are neighbours on all sides and their barking dogs. I offer my sympathy, too. We don't have any one entity to contact for problems such as yours. The only thing I can do about the dogs is talk to their owners or call the animal control people who might take them away then euthanise them if they can't find homes for them and that I will not initiate. It's not really much of a problem except during my grandson's naptime and when we are trying to get to sleep at night. I do not understand people who have dogs and passively sit by while they bark. I understand why the dogs bark, though.

Anyway, can your former neighbour, now friend, be of any further help? Seems to me anyone who can attest to your flooring, etc. would be quite useful. As to his driving his care at you, etc. do you have a digital camera you can keep handy? Or, a disposable camera with which to document other of his misdeeds?

Good luck!

kat

Subject: RE: BS: Neighbour from? Can I send him back?
From: Penny S.
Date: 20 May 07 - 02:57 PM

The former neighbour is now in the flooring business! His company did the living room floor, and will be doing the kitchen. He has an advantage in that he has a shaven head and a burly build - and is second in the queue to explain things clearly after my best friend, and ahead of the tattooed gym owner from over Maplin electronics, and the guy from the sandwich shop.

I know some really sweet people - unfortunately none with legal headed paper.

Penny

Subject: RE: BS: Neighbour from? Can I send him back?
From: Peace
Date: 20 May 07 - 03:03 PM

Penny, have you considered relocating?

Subject: RE: BS: Neighbour from? Can I send him back?
From: Penny S.
Date: 20 May 07 - 05:03 PM

Circumstances prevent that at the moment - and I need to extend my lease before I can.

I have it in plan, after redecorating and a few other jobs. But in my own time.

Penny

Subject: RE: BS: Neighbour from? Can I send him back?
From: Peace
Date: 20 May 07 - 05:05 PM

Sounds like your landlord is a bit of a jerk.

Subject: RE: BS: Neighbour from? Can I send him back?
From: Penny S.
Date: 20 May 07 - 05:33 PM

He is not my landlord. He, like me and three others, is a shareholder in the company which owns the freehold. Our status is equal, both director of the company, and leaseholder. he does not behave, either to me or to others, as though he recognises this.

Penny

Subject: RE: BS: Neighbour from? Can I send him back?
From: Peace
Date: 20 May 07 - 05:34 PM

Then talk with the others and put a muzzle on him. Sounds like he's maybe a leader with no followers.

Subject: RE: BS: Neighbour from? Can I send him back?
From: Rapparee
Date: 20 May 07 - 06:47 PM

You really, really don't want my suggestions. No, they are NOT violent, but he WOULD get an idea (eventually) that he might be causing problems.

Subject: RE: BS: Neighbour from? Can I send him back?
From: JennyO
Date: 20 May 07 - 11:20 PM

You're not thinking prawns in the hub caps, are you Rapaire?

Subject: RE: BS: Neighbour from? Can I send him back?
From: The Fooles Troupe
Date: 20 May 07 - 11:30 PM

At least my nutty neighbour had no legal tie over my home - finally quietend her down

Subject: RE: BS: Neighbour from? Can I send him back?
From: JennyO
Date: 20 May 07 - 11:37 PM

Do tell, Robin. How did you manage to do that? The mind is running on here...

Subject: RE: BS: Neighbour from? Can I send him back?
From: The Fooles Troupe
Date: 20 May 07 - 11:45 PM

Think i just wore her down - mostly just ignore her - no fun when ranting at someone who just walks away from you....

Subject: RE: BS: Neighbour from? Can I send him back?
From: MBSLynne
Date: 21 May 07 - 02:53 AM

Kat I do so agree with you. I can lie there at night listening to a dog barking on and on for hours and wondering how on earth their owners can put up with it? I used to quiet my dog after one bark. But then he only used to bark with good reason anyway so I always went to check what the cause was. Actually, good reason was in his mind sometimes, not mine. Once I found him most upset by a hedgehog in the garden. He really couldn't work out what it was and why it was moving and why, when he tried to find out, it hurt!

Love Lynne

Subject: RE: BS: Neighbour from? Can I send him back?
From: Liz the Squeak
Date: 21 May 07 - 06:33 AM

Penny, it really sounds as if you and the other directors of this freehold company need to get together with an arbitrator and possibly an unbiased solicitor (i.e., not one employed to represent a sole person's interest) to get this sorted. It's the kind of disagreement that can blow up out of all proportion - you think it's bad now? It could get much worse!

Also, you need to find out if the tenant has made the complaints to their landlord or if it is him just continuing the old arguments.

If he is harrassing you on a public highway (i.e., with his car, on the street) then that would be a matter for the police, reckless endangerment is an offence.

Good luck.

LTS

Subject: RE: BS: Neighbour from? Can I send him back?
From: Dave the Gnome
Date: 21 May 07 - 07:39 AM

I would definitely go to the police about him driving at both you and your car. They will not do anything but make sure that he is on record as physicaly intimidating you. It may not be important at the moment but in the future you could well have reason to refer to the fact that you reported it.

Other than that - Get a solicitor yourself. You are about to retire and on limited income so is there any support available? See if Richard Bridge here has any contatct in the profession with experience in this area.

Cheers

Dave

Subject: RE: BS: Neighbour from? Can I send him back?
From: The Fooles Troupe
Date: 21 May 07 - 07:46 AM

"in the future you could well have reason to refer to the fact that you reported it."

Reporting such claims at the time "documents" them. Making such claims "undocumented previously" much later, leave you more open to counter claims that you are just making them up later.

Subject: RE: BS: Neighbour from? Can I send him back?
From: Liz the Squeak
Date: 21 May 07 - 07:48 AM

Oh, and keep a diary of events, as with any bullying. Record each incident as soon as you can after it happens, the incident, the outcome and the names of witnesses if any, even if they are not willing to back you up.

It may seem petty and vindictive, but it makes or breaks a case. You may notice a pattern evolving... does he only bug you when he's been to the pub? Does it only happen on a Tuesday? Does it only happen when he can see there is no-one else around?

LTS

Subject: RE: BS: Neighbour from? Can I send him back?
From: The Fooles Troupe
Date: 21 May 07 - 08:18 AM

You don't need to tell him, but should he guess that you are keeping a diary, it may inhibit him...

Subject: RE: BS: Neighbour from? Can I send him back?
From: GUEST,Penny S. (elsewhere)
Date: 21 May 07 - 08:28 AM

His tenant has said to me, during a conversation about possible confusion over identical doorbells, "How would I know when you are in your living room?" which suggests that he has no problem.

Also, the pursuing of the lease issue was before he left the property.

Penny

Subject: RE: BS: Neighbour from? Can I send him back?
From: GUEST
Date: 21 May 07 - 08:34 AM

I'm trying to sell my house, and yet one of my sister's thinks that I owe her money and that she thinks that she'll get money from the sale of the house well she's no, because my other sister when all is said and done and if there is any money left, I'll give her half.

Subject: RE: BS: Neighbour from? Can I send him back?
From: Rapparee
Date: 21 May 07 - 09:08 AM

No, more along the line of quick-setting epoxy glue in the door locks when the car is locked, or epoxying the gas cap on or the little door closed. Or the old potato-stuck-on-the-exhaust-pipe trick.

Or...no, best not mention that one.

Subject: RE: BS: Neighbour from? Can I send him back?
From: JennyO
Date: 21 May 07 - 11:20 AM

No - I don't think you should either. MWUHAHAHAHAHA HA HA HA!

Subject: RE: BS: Neighbour from? Can I send him back?
From: guitar
Date: 21 May 07 - 11:37 AM

if your nieghbour suffers from mentel illness then it's his fault is it the way he behaves

Subject: RE: BS: Neighbour from? Can I send him back?
From: GUEST,Penny S. (elsewhere)
Date: 21 May 07 - 11:56 AM

I don't think he suffers from mental illness. There are indicators that he doesn't react in the normal way to things, and especially to reading people as people. That is the way he is, maybe, but usually, at his age, for example, people with ASD characteristics (and I don't like the disorder part of that name) know that they have it, and that this needs to be taken into account in dealing with people. I'm not saying he does have that.

How far people are responsible for their behaviour if they do have some sort of physical, or chemical, problem in relationships is an interesting point for discussion, but someone in a professional job (he is some sort of surveyor in building) should be able to modify their responses.

Penny

Subject: RE: BS: Neighbour from? Can I send him back?
From: Liz the Squeak
Date: 21 May 07 - 04:34 PM

Sounds like arbitration is the way to go... He may have a medical issue, but he is not entitled to take it out on you. If he is that unstable, the other directors might be able to request he resign as unfit.

LTS

Subject: RE: BS: Neighbour from? Can I send him back?
From: katlaughing
Date: 21 May 07 - 04:42 PM

More good advice, I'd say. I hope it all helps.

Lynne, thanks...I knew it wasn't just me!*bg* My Merls insists he only barks for good reason, too, and honestly, he is very circumspect and never joins in with the neighbourhood chorus.

Subject: RE: BS: Neighbour from? Can I send him back?
From: GUEST,Penny S. (elsewhere)
Date: 22 May 07 - 11:53 AM

I did go the police after the second incident, to see if, being on private land, it was an offence - it is. I don't know if the inquiry was logged, but I was advised about the local Harassment Clinic. How sad is it that there needs to be one?

Penny