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I've been a noisy neighbor... Pt II (Legal advice needed)

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benandthe
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PostPosted: 23:43 - 26 Jun 2013    Post subject: I've been a noisy neighbor... Pt II (Legal advice needed) Reply with quote

Ok, so here's the backstory to this post:
https://www.bikechatforums.com/viewtopic.php?t=273541

My flatmate got an email today saying that the managing agents of the building have had complaints that some of my friends have been coming round on mopeds.

Only 2 people have come here since the last incident, that was yesterday and today so they could pick up their things that they left here.

My flatmate went livid at me, told me to go to the estate agent, so I did and explained to the estate agent that I have listened to their requests for not having mopeds turning up, doing any work on any mopeds or making any noise outside the garage and was simply clearing out the garage and had asked a couple of people to come collect their items.

The only thing I've done in the past 2 weeks is make a start on clearing out the garage of all the crap that I've got piled in there.
I made a few calls to a few people to come pick up their items or I'm binning them.

I know I may have been a bit annoying to my neighbors while I had my time off between jobs and might have made a bit of noise (well others on their peds, HOWEVER they all did push them to the end of the block of flats!)

One of their requests originally was that any vehicles that come round be pushed (about 50 metres) to the end of the flats before starting, including cars....

I know that if I start trying to take any kind of action while living here that I will be kicked out (and probably my flatmates too, which I don't really want even if they really do piss me off that I want to hit them) on some other bullshit reason.

I WILL however work my arse off over the next month and get some money together and move into a place of my own and as soon as I have gone, I'll be pursuing some kind of legal action, if possible, for:
- effectively forcing me out of the flat,
- stopping me having friends coming round,
- stopping me being able to enjoy my days off (whereby I normally either tidy up the garage/ build things out of wood or metal or just relax in the sunshine,
- making my girlfriend, who used to come round 6 out of 7 nights a week, no longer want to come round due to being too stressed about my situation about all this and the negative effect it's having on both our lifestyles.
That and it's really putting a damper on our "personal" lives, that's winding me up. (There's only SO much wanking a guy can do...)


If anyone lives in the West Sussex area or doesn't mind travelling and coming to have a talk and share some advice, I'd be very grateful!
Alternatively, I can send you my mobile number for a chat?

If any of you know any actual legal advice on this, I'd be very much appreciative for it.

I'm aware that "It would take months for them to get a court to evict me, costing them loads", however my flatmates wont contest it and they both have parents they could go live with, I don't.

Thanks in advance!
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ShepShep
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PostPosted: 01:10 - 27 Jun 2013    Post subject: Reply with quote

What their trying to do sounds realy dumb. Never ever heard of anything like this happening. "Push your cars and bike 50 metres to the end of the flats" WTF?

I'd go to your local council and ask for advice.

How much noice can there be if the whole block of flats is complaining? Are you having drag races over there? Or are the flats full of pensioners who file complaints because of nothing better to do.

1) I don't see a valid reason for them to force you out. They expect you to stay quiet as a mouse all the time or what?
2) They can't stop your friends coming round. It's not a prison

and the other one is for ur gf to decide.

Go to your council and maybe theil give you some nice legal advice, or atleast tell you your rights.
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orac
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PostPosted: 01:14 - 27 Jun 2013    Post subject: Reply with quote

one thing to say

citizen advice bureau, call them
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benandthe
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PostPosted: 02:23 - 27 Jun 2013    Post subject: Reply with quote

I think that will be my best option really, going to CAB, I was hoping that there might be someone with some kind of experience in this field; lawyer, estate agent, managing agent, etc.

Will have to wait and see...

I have to wait for a phone call in the morning to find out if the landlord still wants us all out, if so, I will volunteer to move out myself, giving 1 months notice effective as of my next rent due date (13th of next month).

Time I got my own place really rather than sharing!
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Ja7
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PostPosted: 05:21 - 27 Jun 2013    Post subject: Reply with quote

Whoever keeps complaining just wants you out, your probably getting blamed for any noise that happens.
In the past when I've been in trouble for noise the council wrote to me, saying they will install equipment in the neighbours house, to record the level, I invited the council round for a chat, problem solved when they deemed it a respectable level.
Like said c,a,b or the council, maybe get both involved.
I would still move thou when you can, as the problem might not go away.
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dodsi
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PostPosted: 06:27 - 27 Jun 2013    Post subject: Reply with quote

I'm just down the road from you. Seems a bit harsh and I know that residents associations can be utter cunts. I had multiple knocks on my door about some washing drying near a window which could be seen.... I am in a first floor flat! I basically told them in the nicest way to stop looking in my Windows and to get tae fook.


Honest advice? save up and move - in some areas people are just cunty and you can't change them.
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Ariel Badger
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PostPosted: 06:37 - 27 Jun 2013    Post subject: Reply with quote

Once you move there will be nothing stopping you from visiting the area on a bike at any time you like.....
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The Disapproving Brit
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PostPosted: 06:55 - 27 Jun 2013    Post subject: Reply with quote

Speak to Shelter - they are likely to be far more useful than CAB when it comes to housing law and avoiding being made homeless.

Also, if you find somewhere else, you need to host a pre-move BCF BBQ.
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sickpup
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PostPosted: 07:04 - 27 Jun 2013    Post subject: Reply with quote

So you weren't running your business from the garage then?
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Raffles
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PostPosted: 07:13 - 27 Jun 2013    Post subject: Reply with quote

Am I the only one on here that's gained the impression that you may not be a good neighbour or a good flatmate?
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nowhere.elysium
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PostPosted: 07:17 - 27 Jun 2013    Post subject: Reply with quote

Raffles wrote:
Am I the only one on here thats gained the impression that you may not be a good neighbour/flatmate?
Nope, not in the slightest. I'd be going fucking mental if I had a neighbour who had pedbois swarming near my home on a regular basis.
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Shinigami
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PostPosted: 07:27 - 27 Jun 2013    Post subject: Reply with quote

if the noise is during the day and not late night/first thing in the morning i doubt they'd have much to go on to legally kick you out.

tell them to stick it up their arse and have a word with the council & CAB.

If you do decide to move then as Badger stated, nothing to stop you visiting on a bike any time you like Twisted Evil
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Rogerborg
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PostPosted: 07:32 - 27 Jun 2013    Post subject: Reply with quote

sickpup wrote:
So you weren't running your business from the garage then?

It wasn't a business, he was just accepting money in return for providing goods and services...

As I said previously, I think you were a mug for even acknowledging the issue in the first place. Who the chuff are these "managing agents"? Can they demonstrate to you that they are acting as agents for the building owner? And what statutory authority do they think they have to kick you or anyone else out?

Their demands are unreasonable. Push vehicles to and from a garage? Does this form part of your contract? You have (in principle) Eurohippy-guaranteed rights to peaceful assembly, free association, and enjoyment of your home and property, even if the UK is lagging in implementing them.

But you may have noticed that this is a bike forum and you've posted in general bike chat, so I'd really suggest that you stop nudging your mouse around and get down to CAB and Shelter.
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benandthe
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PostPosted: 09:41 - 27 Jun 2013    Post subject: Reply with quote

sickpup wrote:
So you weren't running your business from the garage then?


Nope, I do have some things in there for getting ready to move into a unit, but not actually running a business.
I did spend my month off modifying and fixing mopeds but only, at most 2 a week.

Raffles wrote:
Am I the only one on here that's gained the impression that you may not be a good neighbour or a good flatmate?


I know I'm not the best neighbor, but by far nowhere near the worst!
I'm always polite to everyone, smiling, hell I even help the old lady that lives in the flat opposite me with her shopping when I see her!

Shinigami wrote:
if the noise is during the day and not late night/first thing in the morning i doubt they'd have much to go on to legally kick you out.


The earliest I'm up on my days off is midday, so noone comes round until after then, and the latest anyone leaves is 8pm.

Sure I make a little noise, but no more than the people above me do with their gospel music every night, or everyone who has kids that shouts at them or has screaming kids, or the bums who sit around on the grass out the front of the flats all day on benefits while their kids scream their heads off playing in the main road.


Rogerborg wrote:
sickpup wrote:
So you weren't running your business from the garage then?

It wasn't a business, he was just accepting money in return for providing goods and services...

As I said previously, I think you were a mug for even acknowledging the issue in the first place. Who the chuff are these "managing agents"? Can they demonstrate to you that they are acting as agents for the building owner? And what statutory authority do they think they have to kick you or anyone else out?

Their demands are unreasonable. Push vehicles to and from a
garage
? Does this form part of your contract? You have (in principle) Eurohippy-guaranteed rights to peaceful assembly, free association, and enjoyment of your home and property, even if the UK is lagging in implementing them.


Parsons, Son & Basley are the managing agents, they're responsible for all the upkeep of the 4 blocks of flats here.
And they I don't think they have and authority but they have influence over the estate agent.

And I'm aware their demands are bullshit.
My flatmate now wants to give them back the keys to the garage...
Not quite sure where I'm supposed to store all my stuff, including tools, a mates moped, heavy duty tools, shelves, etc.
His response was "not my problem"...
Wait till I bring it all into the flat. Twisted Evil
____________________
Sold: NRG 50cc, SR125cc, CBR125cc, Mito MK 1 125cc, Speedfight 50cc, Stomp 125cc, cbr125cc, NRG 172cc, CBF 125cc, Zip 70cc, stomp 140cc
Current: CB500 (waiting on DAS)
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Shinigami
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PostPosted: 09:50 - 27 Jun 2013    Post subject: Reply with quote

your flat mate is a cunt

are you both on the tenancy? if so tell him to fuck right off you're not giving the garage keys back
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stinkwheel
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PostPosted: 09:54 - 27 Jun 2013    Post subject: Reply with quote

I agree you should go to CAB.

The correct response would almost certainly be "Bring me an official complaint from a real person, backed up by quantitative evidence that noise levels in neighbouring properties exceed established limits. Then we can start discussing if there is a noise problem or not. Until then, it's just a matter of oppinion.".
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DrDonnyBrago
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PostPosted: 10:07 - 27 Jun 2013    Post subject: Reply with quote

benandthe wrote:
And I'm aware their demands are bullshit.
My flatmate now wants to give them back the keys to the garage...
Not quite sure where I'm supposed to store all my stuff, including tools, a mates moped, heavy duty tools, shelves, etc.
His response was "not my problem"...
Wait till I bring it all into the flat. Twisted Evil



Why the hell would you give them the keys to a garage you are paying for?

If your flatmate has a desire to pay rent on property he can't use, tell him to give up his bedroom.
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callum94
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PostPosted: 10:28 - 27 Jun 2013    Post subject: Reply with quote

How much noise is actually being made? I go to work at 3:45am, I have no baffle in the exhaust and it's fu** loud but still had no complaints yet (doesn't help me being in the middle of a town).
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Rogerborg
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PostPosted: 10:33 - 27 Jun 2013    Post subject: Reply with quote

Shinigami wrote:
are you both on the tenancy?

Turns out that there's an "here's the issue" story behind that. Although OP apparently still hasn't bothered to read his own "permitted occupier" agreement to see if it's as hilariously unfair as that one.

Which is why you shouldn't start a new thread in the hope of getting different advice from what you received in the last one. It means going through all this drip-drip information tosh all over again which might set teeth grinding.

If you want a useful answer, here or anywhere else, write it all down. Your actual contractual situation, who exactly is contacting you, their provable relationship with the property owner and precisely what's been done, said and written. Do not use the words "basically" or "roughly", they read like "I'm lying" or "I don't know".

You'll have to to this eventually, why not do it up front rather than piecemeal?
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benandthe
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PostPosted: 20:41 - 27 Jun 2013    Post subject: Reply with quote

DrDonnyBrago wrote:
benandthe wrote:
And I'm aware their demands are bullshit.
My flatmate now wants to give them back the keys to the garage...
Not quite sure where I'm supposed to store all my stuff, including tools, a mates moped, heavy duty tools, shelves, etc.
His response was "not my problem"...
Wait till I bring it all into the flat. Twisted Evil



Why the hell would you give them the keys to a garage you are paying for?

If your flatmate has a desire to pay rent on property he can't use, tell him to give up his bedroom.


We don't pay for the garage, it comes with the flat.


Rogerborg wrote:
Shinigami wrote:
are you both on the tenancy?

Turns out that there's an "here's the issue" story behind that. Although OP apparently still hasn't bothered to read his own "permitted occupier" agreement to see if it's as hilariously unfair as that one.

Which is why you shouldn't start a new thread in the hope of getting different advice from what you received in the last one. It means going through all this drip-drip information tosh all over again which might set teeth grinding.

If you want a useful answer, here or anywhere else, write it all down. Your actual contractual situation, who exactly is contacting you, their provable relationship with the property owner and precisely what's been done, said and written. Do not use the words "basically" or "roughly", they read like "I'm lying" or "I don't know".

You'll have to to this eventually, why not do it up front rather than piecemeal?


I'm looking for my contract now.
After speaking with my flatmate, he recalls that I have exactly the same rights of use and what I'm allowed to do as he is, other than I'm not liable for any of the rent or bills.

I've put it somewhere, but I have 3 places where I keep all my paperwork and can't find it, still searching though.
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Sold: NRG 50cc, SR125cc, CBR125cc, Mito MK 1 125cc, Speedfight 50cc, Stomp 125cc, cbr125cc, NRG 172cc, CBF 125cc, Zip 70cc, stomp 140cc
Current: CB500 (waiting on DAS)
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CaNsA
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PostPosted: 05:22 - 28 Jun 2013    Post subject: Re: I've been a noisy neighbor... Pt II (Legal advice needed Reply with quote

benandthe wrote:
One of their requests originally was that any vehicles that come round be pushed (about 50 metres) to the end of the flats before starting, including cars....


They can request whatever they fucking like, just as you can request something equally discriminating like all vehicles must be pushed 50m and all cats/fish/dog/children that reside in the flats must be named cauliflower.

Tell them to go fuck themselves.
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mrdelmonti
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PostPosted: 11:50 - 28 Jun 2013    Post subject: Reply with quote

benandthe wrote:


We don't pay for the garage, it comes with the flat.



So you do pay for the garage then Rolling Eyes
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