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Dealing with disputes Flat Living WEBSITEGUIDE


lEaSE manaGE YoUrBloCK SErVICE


CharGES& aCCoUnTS


maInTEnanCE hEalTh &SafETY CaSElaW DISPUTES EnErGY EffICIEnCY InSUranCE


www.trinityestates.com 0845 345 1584


Trinity and property management go together like...


NeigHbourdisputeswhenthey arisecanbe someof themost acrimonious (andexpensive) type of legalproceedings.Itisbadenoughto fall outwithaneighbourwhenhelives in thehouse next doorbutatleast youmayhaveagarden fenceordrivewaybetweenyou.Whenyoulive in aflat ,fallingoutwithaneighbourcanmake lifealmostunbearable as youliveinsuchclose


proximityandmayevenshare a partywall. Noise, leavingbulkyitemsinhallwaysand behavingin athoughtlessmanner aresome of thereasonsneighbours falloutbut thereare plenty of others.The sectionof the Flat Living websitededicated to disputes,tackles some of thetrickysituationsflatowners canfind themselves inandoffers somesolutions.These


pages are split into the following topics: nNeighbours nLandlord disputes nAccess nClamping


Toreadmoreonanyofthesetopics,go to:http://www.flat-living.co.uk/ advice/21-disputes


Love thy neighbour RogerSouthamof propertymanagementcompanyChainbowprovides somepracticaladvicefor leaseholders


LiviNgiNAbLock of flats comes with responsibility andaneed forall to be consideratetoeach other. Someof thesituationswe as propertymanagers have seen demonstrate just howdifferently people live, as well as how much somewish to dictate their neighbours’lifestyle. This canbe fromgeneralannoyances right throughtofragrantabuse. It is always extremely


difficult for the blockmanager to interveneorgetembroiledin neighbourdisputes. However, fromourperspective this does notmeananagent buries their head in the sand. You only have to watchthe occasional TV programmeof‘Neighbours from Hell’toveryquickly seethat nothing is ever as it first seems. Irememberone showwhere both neighbours complained about each other; one said that the other caused a lot of noise andthe otherthathis neighbour wasOCD on complainingabout everythingwhen nothing was wrong. Guesswhat? There wasn’t a lot of noise at all and the OCD guy was an obsessive complainer!


48 Somesaythatthe proliferation


of Buy-to-Lets have added to the issueonneighbourdisputes, as it is felt people on assured shortholddon’t care asmuch as leaseowners. Fromour experience, this is certainly not the case. It is an even balance betweenthe two. Someowners areirresponsible andsome tenantsare irresponsible;itis certainly notall oneway.Which brings it downto humannature andpeopleeitherknowhow to live and let live and co-exist amicably or they don’t.


DeaLingwith DiSputeS–a


SummaRy If you find yourself in the dif- ficult position ofmediating be- tweenwarring neighbours,here is aquick guidetodealing with


the problemfast and effectively. nDon’tignorethe situation– acknowledgetheycannotdeal with the problem(nomatter how trivial itmay appear) and deal


with it in a fairmanner. nIf theRMCdirectorsfind they


cannot deal with theproblem themselves by talkingtothe partiesinvolvedand coming to anamicable agreement, theissue should be escalated, notallowed


to fester. nIf your block has amanaging agent, theymaybeableto help deal with theproblem as objective neutral parties. However, not all agents are willingtoget involved andRMCs mayhavetofallbackontheir own good judgement. If all else


fails, aprofessionalmediatormay


be enlisted to help. nDepending on the nature of the dispute, asurveyororsolicitor maybeneeded to resolvethe issue fairly andtothe satisfaction of both parties. Bear in mind that thismay become costly and that both partiestothe dispute must be prepared to accept the outcome as final.●


Toreadthis article in full,go to:www.flat-living.co.uk/ advice/21-disputes


WhaTElSEISThErE formEonlInE?


Other topics covered by the Disputes section of thewebsite include:


nAvoiding and resolving disputes http://www.flat-living.co.uk/advice/355-avoiding-and- resolving-disputes


nHowto handle neighbour disputes http://www.flat-living.co.uk/advice/357-how-to-handle- neighbour-disputes


nLandlord disputes on the increase http://www.flat-living.co.uk/advice/655-landlord-disputes-on- the-increase


Issue 15 Flat Living


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