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Original poster

Housing Association want me to go to court over my noisy neighbour....Not sure what to do

18 replies

Nutcracker · 10/05/2004 11:30

Basically they have just visited me, to give me an update of whats happening and they are taking her to court.
They will be using mine and my other neighbours diary sheets as evidence but they also want a written statement from each of us and want us to give evidence in court.
I said that i would be very concerned about giving evidence incase of reprisals.
They said that we would be given lots of help and protection from them and the police, and that any threats or actions made by them would be dealt with. We would be given hotline numbers to police and the H/A in case of any trouble.
We would be taken through the whole court process before hand and escorted to court throughout.

My main problem is that the family in question already know that it's us that have complained so they know where to find us. Obviously i may of moved by then but as i'll be on the same estate it would only need a couple of questions to be asked for them to find out where i am.
My poor neighbour will still be living in the block.
I do really want to help them get her out, as i wouldn't want the next person living here to have to go through what we have but i have my kids safety to think of too.
I am not 100% sure that anything would happen to us at all BUT bearing in mind that i have had to call police on several occasions because of the fighting in her flat, they are obviously capable of violence, and she has gone for my neighbour before.

What would you do ????

OP posts:

SoupDragon · 10/05/2004 11:32

Since they already know you have complained and know where you live, do you have much more to lose by going the whole way?

I don't know what I'd do TBH. How essential is it that you appear in court?

Original poster

Nutcracker · 10/05/2004 11:37

Well they seem to think that us appearing in court will tip the balalnce in favour of her being evicted.
I am also worried about actually giving evidence though, what if i muck it up. If she has a defence team then they could tie me up in knots couldn't they.
My life is just not meant to be this action packed, i prefer simple and boring

OP posts:

SoupDragon · 10/05/2004 11:39

Giving evidence woud scare the pants off me, I agree

littlemissbossy · 10/05/2004 11:48

hi nutc, god a difficult one eh? giving evidence will be hard but you're moving away from the area presumably? if you don't give evidence these people will remain in the flat living next to the neighbours that you do like for independent advice i.e. not from the police/ha you could contact the victim support network, run by volunteers, they have a witness support service look at their website here for details. remember it's your decision, don't be forced into it if you really don't want to. HTH

Original poster

Nutcracker · 10/05/2004 11:49

Yes terrified is exactly what i'd be.
I know people give evidence over much worse than this, and they are very brave to do so but i'm just not sure.

Blimey i almost feel like i owe them something for giving me the house. Oooooh coincidence ??

OP posts:

MadameButterfly · 10/05/2004 11:50

HI there,
DP has dealt with a few of these sort of cases in the past.

He has said that although threats may be made, very few actually carry them out.

His first reaction when I said that you have been asked to give evidence was "good, I hope she does it"

I say go for it.

Original poster

Nutcracker · 10/05/2004 11:50

LMB - I'm only moving across the road. I will be on the same estate.
Thanks for the link, will have a good look at that.

OP posts:

littlemissbossy · 10/05/2004 11:54

only across the road? oh sh*t!! have to go out for about 15 mins, i'll have a think and be back to you later

Freckle · 10/05/2004 12:07

Well, look at it from another angle. As you say, she already knows you have complained. She won't know that you have refused to give evidence. She may just think you weren't asked because your previous evidence was considered to be sufficient.

So, what happens if, due to lack of actual witnesses on the day, she doesn't get evicted? She'll still be around and may still have a grudge against those who spoke out against her.

If you go to court, the chances of her being evicted are much greater and then, hopefully, she would be out of your hair altogether.

Original poster

Nutcracker · 10/05/2004 12:16

Yes you are right. Think i will have to do it.
The H/A seem to think that IF she gets evicted that she will probably leave before they have to actually get her out.

OP posts:

littlemissbossy · 10/05/2004 12:24

hello again nutc, i'm back now. don't know a lot about ha eviction policies, but if they go for eviction in court could they also get an injunction to stop them even coming near your estate? bearing in mind the violent history, etc?

Original poster

Nutcracker · 10/05/2004 12:36

LMB - They have said that if she gets evicted and then still causes us a problem then an injunction will be taken out by the police, banning her and her family from having any contact with me.
If she doesn't get evicted then any threats or anything she does afterwards will just go towards making a new case for eviction.

OP posts:

Tortington · 10/05/2004 12:40

ask your HA how many times this family has gone to court, how many "stays of execution" they have had. the thing is judges are on the side of the tenant not the landlord so they are reluctant to make someone - especially a family -homeless. if they have been through thisprocess a few times. the likely hood isthat the judge will have nooption than to evict them, however, if it is the first time - the odds are against the ha am afraid. ask to go and have a look at the courtroom and ask the HO to sort it out for you. i think this is very important - nothing worse than going into a new situation and not knowing what to expect. a court official will tell you a little about how things are run, it willt ake 10 mins of everyones time and if they want you that badly this will not and should not be a problem for them to arrange. you need to know ifthey will disclose your details in relation to the noise nuisance - ie. will they disclose your name on the diary sheets, will they disclose your address? wil you appear in from of your neighbour?

hths

Original poster

Nutcracker · 10/05/2004 12:44

Hi Custardo, it is the first time they have been taken to court, which is why i am not optimistic about them getting evicted.
They said that we will be shown the coutroom and be escorted to and from court and generally looked after.
If she gets a soliciter then i think he can request copies of the diary sheets so she will know who's complained. She must know already though really.

OP posts:

littlemissbossy · 10/05/2004 13:05

good advice from custardo - far more knowledgable than me - has she/nasty neighbour threatened you before?

Branster · 10/05/2004 13:20

as they already know you have reported them already, they can't do more to you than have already done (sorry, don't know the exact situation). my advice to you would be to go ahead with the court case, make sure there is a lot of evidence on your side and involve other neighbours (persuade them to go to court with you to give evidence). we are in a similar position witha mad neighbour who put our lives through hell since we hadd dd. there are things that can be put in place (restriction orders and so on) which will keep your neighbour away from harming you in any way, make sure the CPS wil do that for you and press on with keeping the neighbour away from you. in our case it's a bit delicate because the council wouldn't get involved (not council property, so nothing to do with them) and we tried lots of avenues until the neighbour in question was arrested. we're still awaiting for a trial and really hope tehre will be a court hearing wher we can go and speak about our experiences and get the stupid woman stop harrassing us or anybody else for good. you're the honest person in all this and should stand up pround in court and tell them exactly what happened . do not be bullied by your neighbour's attitude or possible further actions. not much point in speculatin about what the neighbour will do if you take her/him to coutr. let the court sort it out and have faith, as long as you've got a strong case (i.e. evidence) you'll be fine. good luck!

Original poster

Nutcracker · 10/05/2004 18:56

God i'm soooo sick of this. Dp came home early to take dd to docs and as i was waiting for him to come up i could hear a neighbour from downstairs shouting at someone. Turns out she was shouting at dp. She said that everyone in the block is sick of us (our family and another one) complaining about everyone. She moaned that we made a taxi she had called go away. What we actually did was ask them to get out and knock the door rather than beep the horn at 10pm outside our kids window.
She just went on and on about how pathetic we are for complaining about everything. Said we have complained about her kids playing on our landing and complained about her cat.
Her best line though was 'well i've been here longer than you'. Not sure what the hell thats got to do with anything.

Anyway we have never made any complaints about her at all. We have asked her kids not to play on our landing, but only when our kids are in bed.

I'm just sick of people thinking i'm obvioulsy a moaning old cow, out to get everyone.
Just cos we've complained about the neighbour above us doesn't mean we complain about everyone.
I have a good idea who is s**t stirring too as a couople of things that were said sound familiar.

Just wanted a bit of a rant about it

OP posts:

Tortington · 11/05/2004 13:11

oh dear thats really rubbish. i have no more advice am sorry, but i send good thoughts to you in your rubbish situation.

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