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Legal matters

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Dodgy landlord next door, could do with some guidance

9 replies

ScupperedbytheSea · 03/01/2025 10:22

We've had an ongoing saga with the property next door. In a nutshell, it's in an absolutely terrible state (part neglect/part damage from tenants), and we've experienced antisocial behaviour from tenants.

Anyway, police and council have been involved, and tenants have recently moved out (jumped before they were pushed).

House is still in a state, and the council will let the landlord know. We aren't in contact with him, because despite writing to him to tell him what's going on, he hasn't bothered reponding to us in anyway. The council have also threatened him with a large fine, so I don't suppose he's over the moon.

So here's my question: the council have said they think he'll renovate and let it out again. I don't trust him to give a flying fuck about us and any disruption we might have to go through (after years of misery). I certainly don't trust him to do anything properly, ie serve a party wall agreement (we're in a terrace, so join on one side).

Is there anything I could/should do pre-emptively? If he starts work, I'm thinking I'm going to jump on it quite quickly with a solicitor's letter (even if I have to pay), but need to understand a bit more about legitimate legal angles.

Basically his lack of decency and communication at any point makes me want to come in strong with a 'don't even think of screwing us over in some way' vibe.

OP posts:
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CherryRipe1 · 03/01/2025 18:13

Just remembered my CF neighbour/LL tried to start the work digging out the foundations on a Sunday. A quick call to my solicitor and I was outside shouting at them to stop or I'd call the police. I was raging like a demented loony. They stopped. Oh and even more cheeky fckry, he tried to say we didn't need to rely on the act & we could sort it out amicably between us. I said "Oh yeah, and when my walls start bowing and cracking I'll have no legal recourse". No thanks. He didn't want to pay the 6k it cost him circa y2k.

ScupperedbytheSea · 03/01/2025 17:29

Another2Cats · 03/01/2025 14:38

"So I'm interested to hear from anyone with experience of party wall agreements, and what you can do if someone starts work without one, and whether there's anything I can do beforehand (serve one myself maybe?)"

@CherryRipe1 has given you some good advice.

There is a very good explanatory booklet on the gov.uk website that explains everything about the Party Wall Act.

It even says the same thing as Cherryripe

"34. What do I do if I believe my neighbour is about to start work and I have not received a Party Wall Act notice?
You should let your neighbour know (in writing) about the Act. You may wish to include the web link to this booklet.

35. What do I do if my neighbour starts work and I have not received a Party Wall Act notice?
The Act contains no enforcement procedures for failure to serve a notice. However, if your neighbour or a builder carrying out work on your neighbour’s behalf starts work, without having first given notice in the proper way, you may seek to stop the work through a court injunction or seek other legal redress. You may wish to take professional or legal advice before commencing such action."

https://www.gov.uk/government/publications/preventing-and-resolving-disputes-in-relation-to-party-walls/the-party-wall-etc-act-1996-explanatory-booklet

Thank you this is very helpful, I will get my head into this and educate myself about the act.

OP posts:
JohnofWessex · 03/01/2025 15:16

Its typical of a lot of the IMHO poorly written legislation that we get in the UK that there is no 'enforcement' procedure.

IE work stops NOW or owner & builder face a trip to Jail enforced by...........

Another2Cats · 03/01/2025 14:38

ScupperedbytheSea · 03/01/2025 12:13

Thank you for the advice! Sounds like I need to keep a close eye and be ready to act. I basically want to do what you did (if necessary) and get a solicitor and surveyor on side.

"So I'm interested to hear from anyone with experience of party wall agreements, and what you can do if someone starts work without one, and whether there's anything I can do beforehand (serve one myself maybe?)"

@CherryRipe1 has given you some good advice.

There is a very good explanatory booklet on the gov.uk website that explains everything about the Party Wall Act.

It even says the same thing as Cherryripe

"34. What do I do if I believe my neighbour is about to start work and I have not received a Party Wall Act notice?
You should let your neighbour know (in writing) about the Act. You may wish to include the web link to this booklet.

35. What do I do if my neighbour starts work and I have not received a Party Wall Act notice?
The Act contains no enforcement procedures for failure to serve a notice. However, if your neighbour or a builder carrying out work on your neighbour’s behalf starts work, without having first given notice in the proper way, you may seek to stop the work through a court injunction or seek other legal redress. You may wish to take professional or legal advice before commencing such action."

https://www.gov.uk/government/publications/preventing-and-resolving-disputes-in-relation-to-party-walls/the-party-wall-etc-act-1996-explanatory-booklet

The Party Wall etc Act 1996: explanatory booklet

https://www.gov.uk/government/publications/preventing-and-resolving-disputes-in-relation-to-party-walls/the-party-wall-etc-act-1996-explanatory-booklet

ScupperedbytheSea · 03/01/2025 12:13

CherryRipe1 · 03/01/2025 11:31

Perhaps you could print off a copy of the party wall act ready to hand to him if you see any signs of activity.

Thank you for the advice! Sounds like I need to keep a close eye and be ready to act. I basically want to do what you did (if necessary) and get a solicitor and surveyor on side.

OP posts:
CherryRipe1 · 03/01/2025 11:31

Perhaps you could print off a copy of the party wall act ready to hand to him if you see any signs of activity.

CherryRipe1 · 03/01/2025 11:28

I had to serve one on my adjoining shonky owner/landlord who commenced work with no party wall agreement using cheap overseas workers excavating the site with no work gear on at all. I used a solicitor and
a surveyor that dealt with it very efficiently & the work was halted when the notice was served. It was eons ago & owner/landlord was liable for all the costs. He tried to talk me out of it but no dice. I don't think you can do anything until the rules are actually flouted but you can certainly look for the right people to have onside once the flouting begins. The surveyors made copious notes of any flaws in my property & took photos as proof of condition prior to the work permission being granted. Horrible bloody nightmare. Good luck op.

ScupperedbytheSea · 03/01/2025 10:41

SomethingUniqueThisTime · 03/01/2025 10:31

It’s not clear what it is you’re now concerned about?
On one hand you sound worried about the house being in a serious state of disrepair and on the other don’t want to be caused problems whilst it is being renovated.
In your shoes I would be keen for the renovations to take place as soon as possible, and suck up the disruption whilst it is happening - just to have the peace of mind that the property next door is being adequately maintained and then occupied by (hopefully better) tenants.

It's the party wall angle. I understand that some types of work that you to a joining wall should have this in place.

I don't trust him to serve an agreement, and don't want to run the risk of damage to our property because he's got some cowboy builders in.

So I'm interested to hear from anyone with experience of party wall agreements, and what you can do if someone starts work without one, and whether there's anything I can do beforehand (serve one myself maybe?)

OP posts:
SomethingUniqueThisTime · 03/01/2025 10:31

It’s not clear what it is you’re now concerned about?
On one hand you sound worried about the house being in a serious state of disrepair and on the other don’t want to be caused problems whilst it is being renovated.
In your shoes I would be keen for the renovations to take place as soon as possible, and suck up the disruption whilst it is happening - just to have the peace of mind that the property next door is being adequately maintained and then occupied by (hopefully better) tenants.