Neighbour has started hoarding rubbish in communal parking area - what are my rights?

[thefoxandhound]

Hi - need some advice on my rights re my neighbour's behaviour.

I live in a building that has three flats. I own my flat and have a share of the freehold with two other people that own the other two flats.

The ground floor garden flat is owned by an elderly gentleman and the second floor flat is owned by a guy who lets it out to a young couple. I'm in the first floor flat.

In the last couple of weeks, my downstairs neighbour has started collecting up and hoarding what can only be described as utter rubbish. I'm talking about random old wine bottles, coffee cups, bits of plastic and wood, astroturf offcuts (see pics).

When I asked him about it, he says it's his 'art project' and it's helping him get through lockdown. I have no issue with him doing art, but the guy has a garden, and he could gather all of this up and display it there.

Instead, he's put it all in the corner of the communal parking area where everyone can see it. It's not blocking access for cars or anything, but it's really unsightly, and makes the area and our property look messy, as if someone has been fly-tipping on it.

When I said that he has to move it (or I will), he refused and threatened to call the police if I moved any of it - he got very angry and hung the phone up on me. I'm actually a bit worried about his mental health - he's in his 70s and lives alone, so wondering if everything is getting to him a bit.

Anyway, I've spoken to and emailed the other freeholder (who obviously doesn't live there), and he is ignoring my emails. I get the feeling that he doesn't want to get involved in some kind of neighbourly dispute. The tenants in the upstairs flat agree with me and hate all the rubbish and want it moved (the downstairs neighbour told them that as they're tenants, they have no say!).

I feel that as joint freeholders, we should all have a say in how communal areas are maintained/decorated, and as I haven't agreed to this 'art project', then it should be moved. However, I feel like I need the backing of the other freeholder to make my downstairs neighbour all of this rubbish.

Can anyone offer any advice? (sorry this is so long!)

Say you’ve seen rats? Bit odd though, he sounds a bit unwell.

Tell the council someone has been fly tipping

Wait so he's making art with the pieces? Why can't he have the rubbish in his flat? From the second picture it looks like hes set the things up as if that is the art, the finished product as you will. I'm so confused. Is he saving the rubbish to make something or has he already made it and that's it? 😂

Hi guys - thanks for your replies!

@StrongTea - might be an option!

@PaulaSmith1 - also considering this - the area I live in has a bad fly-tipping problem as it is, so there's an app you can use to report stuff. Not sure if they'd take it seriously though.

@purplerainox So the first pic which is the stuff in the corner, is the 'art work' - it's a work in progress as he keeps adding to it. The pots and bits of astroturf in the second pic are, I believe, his attempts to brighten up the area. We'd talked a month or two ago about maybe getting some planter tubs and trellis to brighten up the area. I was imagining stuff from Homebase - I wasn't expecting old tyres, random bits of metal wire and astroturf offcuts.

I do feel a bit guilty as it's not actually harming anyone, but I kind of want to nip this issue in the bud. If he continues unstopped, who knows how this will develop. I'm considering selling my flat next year to move somewhere bigger, and the last thing I need is a rubbish hoarder for a neighbour when I have potential buyers looking around!

Does your lease state that all communal areas must be kept clear. It could be an issue if emergency vehicles or tradespeople need access as well as blocking residents and visitors parking. You are probably all paying a maintenance charge and parking charges. I would put together an email with your upstairs neighbour and send it to the other freeholder asking for their advice saying youre concerned that he might be breaking the lease, potentially blocking acess, could it invalidate any insurance and say you have seen rats. Play to his ego and ask for his advice, that might make him take notice and reply. Its not rubbish to downstairs but he needs to put it in his own garden.

The second picture looks as if it is on the jonit parking area?

Hmm, tricky, you dno't wnat a neighbour dispute, and you have tried talking to him.

I think I would either - vanish it all overnight and plead ignorance. (bit hard to remove it and get it to a tip though!)

write a letter and say it is a communal space, and what is there must be agreed by all parties. One is not available to agree, and you disagree, therefore it does NOT have the agreement of you all, so it must go.
You could phrase it nicely, suggest he does it in his garden, offer help to move it, express concern about people seeing it and thinkign they can fly tip here and so on.

In all likelihood he will refuse. Not sure what the next move is.

Who owns the freehold and do you have a management company?

How annoying, I have so many questions!
Is he eccentric in other ways? Do you get on normally? Can you see this from your flat? Do you think he’s deliberately winding you up following the earlier conversation about making the area more attractive?

Personally I would gradually remove a couple of things every few days, maybe on bin day.

As it’s a communal area you also have the right to change things around, maybe get a fence panel to screen off his art project.

Is that slab on the right of the pic asbestos? It kind of looks like it is.

Very tricky!
Because you have (quite understandably) approached him on the matter he is likely to blame you if it disappears 🙈

Is that slab on the right of the pic asbestos? It kind of looks like it is

It really does, particularly with the ‘keep a safe distance’ tape.

The more I think about, the more I think the neighbour is deliberately winding up OP.

This would annoy me so much!
I would call the council for fly tipping, hopefully they will dispose of everything and your neighbor won't do it again.
Also send a letter that looks official, so typed not handwritten and quote your lease and give a warning that if the common areas are not cleared by x dates measures will be taken and full cost for these measures will be billed to him. Not sure what the measures could be but hopefully it will be enough to scare him.

I think the pots & wires are fine - plants will grow up in the spring and that would look nice. better than bare concrete.

If he had a storage unit for the other junk, would that be OK? then he can keep his 'art materials' somewhere but it won't be messy. something like a mini garden shed / bike shed?

My first thought when I saw your photos was that it looks more like an art project than rubbish. I’d leave him to it if it isn’t blocking access, but I’m quite easy going like that.

That isn’t art. Not to me.

If Mr Emin snr doesn’t want it shifted, then I’d be on to the fly tipping line.

Hi everyone - thanks for your additional replies! I'm so glad I'm not being unreasonable about wanting this moved and there are others who agree with me!

Since I posted, I've finally had a reply from the other freeholder. He says he's going to speak to the downstairs neighbour (who is a bit old-fashioned and so will probably take more notice if a man starts complaining rather than little old female me!).

In answer to some of your questions, yes, the downstairs neighbour is a bit eccentric and a bit of a busy-body, but harmless. He went through a stage where he was ringing me up or writing me a little note every day, but that's calmed down now. I do think he's a bit lonely and this is his way of keeping himself occupied, which is totally fine, so long as he does it in his own garden or flat! His version of 'art' is not to my personal taste!

If one of the things he's picked up is asbestos, then well, that's not ideal (but could be a useful thing to dangle in front of him if he refuses to get rid of it). The 'keep a safe distance' tape is something he's stuck on himself. He's literally stuck this tape everywhere - on all the communal parking signs, across the gas meter boxes and at one point across the front door of our building despite us not asking for it!

Hopefully he'll see sense now I have the other freeholder on board - thanks for all your advice!

Oh - and this is the latest addition to his 'gatherings' - no doubt picked up off the street from somebody else's rubbish - just like the other stuff... (so bizarre!)

oh that pic reminds me of a thread here where someone was putting out miniature cars and bollards

God how annoying OP. Agree looks awful. Unfortunately it’s unlikely the council will collect as it’s on private property (they only collect fly tipped items from council owned land). Can you take it to the tip yourself?

I just came on to say that it might be different in your area, but my brother had a similar problem at his last house and the Council wouldn't treat it as fly tipping because it was on private land (i.e. a communal parking area like yours).

Hope you get it sorted though.

Christ, I took so long to type that, that Hermione beat me to it!

@PaulaSmith1

Tell the council someone has been fly tipping

It becomes responsibility of landowner to clear, ie. The freeholder/s not Council.

What does the lease say?

How do freeholders come to a decision - unanimous or majority vote?
If majority decision, you and Mr SecondFloor remove it and invoice Mr GroundFloor. That might make him think twice in future.

‘The keep a safe distance’ tape everywhere, suggests that he is very anxious because of Covid. And of course probably a bit more lonely than normal.
Not your problem of course, but I do wonder whether the conversation about making the area more attractive has triggered this extra odd behaviour. I’m just a little concerned that his behaviour might be a weird attempt at pleasing you! The little motor bike looks almost new - has he got it for your D.C.?
It’s tricky, personally I would leave it a while (Over winter, until things around Covid improve). Maybe politely ask him not to bring any more stuff in in case it encourages other people to fly tip. But avoid rewarding his strange behaviour with extra interactions with you.