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benandthe |
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 benandthe Traffic Copper
Joined: 24 May 2010 Karma :  
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 Posted: 23:43 - 26 Jun 2013 Post subject: I've been a noisy neighbor... Pt II (Legal advice needed) |
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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! ____________________ 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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ShepShep |
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 ShepShep Renault 5 Driver

Joined: 29 Oct 2007 Karma :     
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orac |
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 orac World Chat Champion
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Pol Anorl |
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 Pol Anorl Banned

Joined: 13 Apr 2010 Karma :     
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 Posted: 02:01 - 27 Jun 2013 Post subject: |
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Tell them to go fuck themselves!
i have to go under an archway to get to our car park and its loud as fuck! not had any complaints. ____________________ GOOD GAME BODYGUARD: https://i.imgur.com/8WePGgf.jpg
20:30:37 Pyro.: I don't sort of like men, I take every advantage to choke on dick.
Jewlio Iglesias: You live in Liverpool - Chances are, the front door has already been kicked off the hinges |
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benandthe |
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 benandthe Traffic Copper
Joined: 24 May 2010 Karma :  
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 Posted: 02:23 - 27 Jun 2013 Post subject: |
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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! ____________________ 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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Pol Anorl |
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 Pol Anorl Banned

Joined: 13 Apr 2010 Karma :     
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 Posted: 02:59 - 27 Jun 2013 Post subject: |
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seems pretty unfair that they are threatening to kick you out over something so trivial, go to cab, its not your fault your friends have come on their mopeds to collect their stuff so you can fix the issue your neighbours have with you.
youre putting it right, tell them where to go. ____________________ GOOD GAME BODYGUARD: https://i.imgur.com/8WePGgf.jpg
20:30:37 Pyro.: I don't sort of like men, I take every advantage to choke on dick.
Jewlio Iglesias: You live in Liverpool - Chances are, the front door has already been kicked off the hinges |
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Ja7 |
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 Ja7 Crazy Courier

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dodsi |
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 dodsi Dirty Carny

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Ariel Badger |
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 Ariel Badger Super Spammer

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The Disapproving Brit |
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 The Disapproving Brit World Chat Champion

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sickpup |
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 sickpup Old Timer

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Raffles |
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 Raffles World Chat Champion
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nowhere.elysium |
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 nowhere.elysium The Pork Lord

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Shinigami |
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 Shinigami World Chat Champion

Joined: 14 Feb 2012 Karma :   
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 Posted: 07:27 - 27 Jun 2013 Post subject: |
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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  ____________________ Current: Honda City Fly CLR125 2003 Honda CB600F Hornet 2008 Yamaha FZ6 S2 + 1991 Kawasaki GPZ500
"Once you realize what a joke everything is, being the Comedian is the only thing that makes sense. |
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Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 07:32 - 27 Jun 2013 Post subject: |
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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. ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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benandthe |
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 benandthe Traffic Copper
Joined: 24 May 2010 Karma :  
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 Posted: 09:41 - 27 Jun 2013 Post subject: |
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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.
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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.  ____________________ 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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 Shinigami World Chat Champion

Joined: 14 Feb 2012 Karma :   
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stinkwheel |
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 stinkwheel Bovine Proctologist

Joined: 12 Jul 2004 Karma :    
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 Posted: 09:54 - 27 Jun 2013 Post subject: |
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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.". ____________________ “Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles. |
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DrDonnyBrago |
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 DrDonnyBrago World Chat Champion

Joined: 03 Jan 2010 Karma :   
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 Posted: 10:07 - 27 Jun 2013 Post subject: |
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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.  |
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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 callum94 Nova Slayer

Joined: 17 Dec 2012 Karma :     
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Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 10:33 - 27 Jun 2013 Post subject: |
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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? ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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benandthe |
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 benandthe Traffic Copper
Joined: 24 May 2010 Karma :  
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 Posted: 20:41 - 27 Jun 2013 Post subject: |
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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.  |
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. ____________________ 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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 CaNsA Super Spammer

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mrdelmonti |
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 mrdelmonti Renault 5 Driver
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Old Thread Alert!
The last post was made 11 years, 334 days ago. Instead of replying here, would creating a new thread be more useful? |
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