Issues with neighbours - how do I handle this?

[SunRa]

My partner, myself and DS (16 months) live in a house converted into two flats, we're on the bottom and we have upstairs neighbours who we have a bit of an issue with.

The shared area (entrance hall/stairwell) is tiny. Literally you can open the front door and onto about an area about the size of a bath and then there are a few steps up to our door continuing up to our neighbour's door upstairs. This is fine if its empty, but it never is.

The management company are pretty clear on that nothing should be kept in the communal areas as it is a fire risk, however our neighbours constantly leave a large off road buggy in the stairwell, hang their washing on the banisters and leave all manner of other things (shoes, post addressed to their flat but no them etc.)

This is a pain coming in & out (particularly with our buggy!) and also looks like bums when we put ours on the market.

I realise that having a child in the flat is difficult (as we have DS), but their daughter is now 4 and walks almost every time they go out so this buggy is there constantly. Granted we only have 5 steps but I do have to carry ours whilst managing a toddler everytime (with the added issue of no floor space to move in) so it is doable to bring it into their flat.

There isn't really anything I can do with it (our house is a couple of steps up straight off the road so moving it outside is petty, very deliberate and at risk of being robbed). They are pretty unfriendly people so talking to them has just been ignored and we have contacted the management company repeatedly over the past 18 months or so (it's been happening longer than this but it became a big problem with I was pregnant)

My question really is - what can really happen & what can I do? The management company have spoken & written to them but can they do anything further?

I don't want them kicked out! but can they be threatened with that or is the worst just a strongly worded ignorable letter??

They rent from the management company & we don't so I don't know what will have been signed/agreed.

Thanks in Advance guys.

I would pursue it purely with regard to it being a fire risk. Not the mess or any of that but the fact that you might not be able to get out if there was a fire and the emergency services might not be able to get in.

Only communicate in writing.

This is the route we've gone down so far, but 18 months on it worse than ever :(

It really gets me down because its such a struggle to get in or out I end up staying in with DS quite often because I just can't deal with it.

I would put it outside repeatedly saying you had to move it to get in and must've forgot with having your hands full.

Can you put it out the back somewhere?

I think you need to get really annoying and knock on their door every time it is left there and ask them to move it so you can get your own buggy out. You also need to make a nuisance of yourself with the management company and phone them every time it is left.

I would also contact the fire service and see if they will come and do a fire safety check.

If the neighbours are tenants, it is the responsibility of the landlord to enforce the provisions of their tenancy agreement. There is bound to be a clause in there about not being a nuisance to neighbours.

If the neighbours are leasehold owners there will be a covenant in their lease with a similar effect and the freeholder can enforce this.

You have no contractual relationship with your neighbour so you cannot do anything about it directly. However, check your tenancy agreement / lease. Your landlord has an obligation to ensure you have "peaceful enjoyment" of your home and, if he fails to deal with any tenants / leaseholders who are in breach, you can take action against him as you have a contract with him.

I'd suggest writing to the managing agent and / or landlord stating that your neighbour is causing a nuisance and if their breach is not rectified immediately you will make an application to the First tier tribunal (property chamber) to compel your landlord to take action. Or you will make a claim in the county court for damages and an injunction.