dIsputes Advice


bador justvery loud...


Mad,


DuncanBroWn gives some insights into tackling problem residents


“WoulDn’t it Be nice to getonwivme neighbours”, sang theSmall Faces in their 1960s hit song Lazy Sunday Afternoon. Unfortunately, neighbourdisputescan occur in anygeographiclocation;inpublicaswell as privateresidences andevenbetween flatownersinnice, quietand ‘exclusive’ developments.How thoseinvolvedinthe dispute (and their neighbours, landlords and managing agents)dealwiththe problemcan affect the outcome, length, severity, cost and/ or financial implications forany or allofthe partiesconcerned. A ‘nightmare neighbour’may be a flat


ownerwho allows their dog to bark late into thenight,disturbingother residents, or a residentwho uses parking spaces assigned to other people. Sometimes, they are subtenants whohaverentedaproperty fromflatowners whothemselvesdonot live on site and consequently do notexperiencethe problems caused by theirtenants.Atthe extremeend of thespectrum,problemneighboursmay be sub-tenantswho carry out criminal and/ or immoral activities,suchasoperating cannabis farms! Ionceacted forthe freeholder of ablock


of flatswhereone of theleaseholders had theunsavoury habitofleaving theirdog on thebalcony of theirflat fordaysonend.The noise of thedog barking(anditsmess spilling onto thebalcony of theflat below) caused greatdistressand upset to otherflat owners. I’ve even experiencedasituationwherea leaseholder had (legally) sub-let their flat to a ladywhohad supplied impeccablereferences andthenreceivedanasty shockinthe form of a letter fromthe Police (courtesy of the leaseholder’scorrespondence address being supplied byHMLand Registry)warning that theflat wasbeing used as abrothel.Ifthe flat ownerpermitted the“immoral activity”to continue,the Police wouldconsidertaking legal action against them. Aquestionfrequentlyposed to lawyersby


Flat Living Issue 17


flatowners,managing agents andfreeholders is,whatcan be done aboutthese nightmare neighbours.Prudent initialadviceinsuch circumstanceisfor thecomplainingparty to remain as calm as possible,despite the inconvenienceand stress,and to refrain from making any hasty decisions and/or taking any actionwhichtheymay laterregret. Forlow levelexamplesofnuisancesuch


as noise or rubbishleftincorridors,myfirst suggestion would be that if a Residents’ Associationexistsfor theirdevelopment, the complainingflat owner(s) raisetheir grievance ataResidents’Associationmeeting. That way, theirgrievance is notedinthe Association’s


possible, before the issueis escalated


recordsand theymayalsodiscoverthatother flat owners are experiencing similar nuisance fromtheoffendingoccupiers.Occasionally, an informal,quiet word fromResidents’ AssociationCommitteememberstoerrantflat owners canpersuade an occupier causinglow levelnuisancetocease theactivity/activities which other flat owners find annoying, for example,byturning theirtelevisionvolume downlate in theevening to stop noise nuisance,orparking moreconsiderately so as not to interfere with access to other car parking spaces on the development. If thenuisancealleged is moreserious it is


best for the flat owner(s) complaining of the nuisance to raise thematter direct with the landlord/freeholder. This is because well- worded leases contain astandardclause/ clauses that require leaseholders to refrain fromcausing a nuisance to other flat owners,


It pays to resolve problemsearly if


Tryand remain calm despitethe stress that canbecausedby difficult neighbours


occupiers, or visitors to their development. Usually, such clauses contain alistof non-exhaustiveexamplesoftypes of behaviour/activitywhichis considered anuisance, such as allowing noise/music to be heardoutside of aflat between thehours of 11pmand7am, using parking spaces that belong to other flat


owners,hanging washing on balconies and/or keeping


pets in aflat. Someun-neighbourly conductissoseverethat


itamounts to a breach of the lease, enabling the landlord/ freeholder to take legal action against the flat owner in question by way of


a notice requiring themto remedy


the breach immediately, or the landlord/ freeholder will have groundsfor commencing forfeiture proceedings.Sub-letting without priorpermissionfrom thelandlord/freeholder is a typical breach. (See page18 formoreon forefeiture) Inmyprofessional experience,threatening


an errant flatowner with forfeiture of their lease frequently leads to a resolution. Leases usuallycontain “a triggerclause”


enabling aflat ownercomplainingof nuisance to requirethe landlord/freeholder to commence legal action against the leaseholdercausing thenuisance.However, flat owners should be aware that such clauses usuallyrequire thecomplainingflat owner to underwrite the legal costs of the landlord/ freeholder fortakinglegal action.Most leases areconstructed so that anyofthe landlord’s costs of taking forfeiture action against an errant flat owner for a breach complained of by afellowflat owner, andwhich are notrefundedtothe landlord by flatowner causing the problem,must be paid by the complainant(s).Flatownersshouldbeaware that such costscan be considerable! I always advise clients that disputes


betweenflat owners canbecomecomplicated, expensive andmay even sour the relationship betweenthe partiestosuchanextentthat they are never able tomake up with each other, or even continue to live in thesame building. Here is one final point to bear in mind. Neighbour disputes that reach a stagewhere formal intervention is required, invariably need to be disclosed to potential purchasersvia thestandardinformation request formsusedbysolicitorswhenflats aresold. So it pays to resolveproblemsearly if possible,beforethe issue is escalatedand what wasonceyourdreamhomebecomes a nightmare.●


DuncanBrown Associatesolicitor,OliverLegal, Ipswich www.oliverlegal.com


21


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56  |  Page 57  |  Page 58  |  Page 59  |  Page 60  |  Page 61  |  Page 62  |  Page 63  |  Page 64