Log burner left unattended in shed caused huge fire!

Log burner left unattended in shed caused huge fire!

9:32 AM, 19th September 2023, About 8 months ago 13

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Hello, we have had a lot of problems from one set of neighbours who regularly display anti-social behaviour. They regularly have drinking/drug parties and light fires late at night when inebriated. The fires at times have been very dangerous and extremely close to our property. On one occasion they had a fire in their backyard and placed a 5-gallon container of petrol at one side and a motorbike at the other all within 2m of a timber-built composite-clad extension to our property.

Aware of the danger and concerned from a safety point of view we tried to liaise with the letting agent. We tried on numerous occasions but he refused to engage with us. He doesn’t answer the phone, doesn’t return our calls or reply to any communication. We reported the incident at the time to the council stating our concerns that these tenants were putting lives and property at risk. It took the council over one year to eventually reply and basically said they couldn’t do anything about it without the tenant keeping diaries.

There is a shared back lane to the properties and beyond that are the properties’ rear gardens. The neighbour has a shed at the bottom of his garden along with a touring caravan parked tight up against a 21m post and paling fence which we erected at our expense 5 years ago.

Lately, lots of different families have been staying in the caravan and parking their cars blocking access to our property. Last year the tenant cemented a concrete paving slab over the communal manhole cover in order to make it back yard level. Concerned about where the black and grey waste was being disposed of and parking issues I wrote to the owner direct at his home address. In the letter I asked him to speak to his tenants, to reinstate the manhole cover and ask them to stop blocking access and to ring me. To date, I have heard nothing and the tenants still block the lane.

On Saturday night last week, a fire broke out in next doors garden shed. It was caused by a log burner, sat on a wooden shed floor with a single wall flue protruding through the wooden shed roof. The tenant lit the log burner and left it unattended whilst he went shopping, meanwhile his 6-year-old son opened the shed door which resulted in a fireball, luckily, he escaped uninjured. His mum was nowhere to be seen but the screaming eventually managed to get her attention. By this time the dad returned but the fire was out of control and raging which quickly spread to the caravan (on finance with no insurance). Thick black smoke and explosions could be seen and heard 2 miles away. Two fire engines, 1 fire truck, 2 ambulances and an incident response unit arrived on scene. Thankfully nobody was injured.

My tenant told him he didn’t have a brain so he threatened her saying he would burn her house down and his female partner said she would rip her head off. It has been reported to the police and they are visiting the tenant to take statements tonight. Everything in their garden was obliterated but it also destroyed our fence, plants, lawn, hedge, shed roof etc.

At the time of the fire, we sent a message to the letting agent as we don’t have a telephone number for the owner. We notified them about the fire and asked them to acknowledge receipt of the message. As always, we have not heard anything, nor have we had an apology for the damage from the neighbour.

On Sunday morning we visited the property to assess the damage. Our back garden has gone from a lovely garden with flowers and plants to a chard mess. Whilst checking the area we also observed where the tenant had been dumping his back caravan waste, on a patch of land we own close by. Whilst taking photograph’s the tenant’s daughter start shouting abuse at us from upstairs bedroom window.

We always knew this would happen; it was just a matter of when. I have obtained a copy of the fire report which clearly states the log burner was left unattended whilst they went out. Surely this is negligence? I am now in a quandary. I am reluctant to claim off my own insurance as I know the insurance company won’t be able to recover their losses as the tenants have no money, so my premiums will go up plus.

If I quietly claim through my insurance the tenants just win again and we as always end up losing out and having to put up with their behaviour. I want the owner to take ownership and deal with his tenants accordingly, so would like to claim off the owner’s insurance? How do I go about it? What if he doesn’t have insurance? I don’t want to take this lying down, what’s your advice?

Thanks in advance for any replies.


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Comments

RoseD

11:59 AM, 19th September 2023, About 8 months ago

This is a very difficult situation.....and one that is unlikely to get better. You have plenty of detail of what is going on with your neighbours. You've contacted the owner and the council. Neither have done a great deal. Do you think you might be making this a personal battle? As bad as these tenants are.... new tenants could bring further issues. Problematic neighbours only has one end result....someone has to become less involved...or move!

Judith Wordsworth

12:16 PM, 19th September 2023, About 8 months ago

Who did you speak to in the Council? I would be contacting the Leader of the Council; the Councillors responsible for Anti-Social behaviour; the local Police Commissioner; Environmental Health.
Citing: Anti-Social behaviour; Assault (a threat is considered to be a criminal offence if it is intended to cause the victim to fear that violence will be used against them. This could include verbal threats, written threats, or other forms of communication that are intended to cause fear. The threat does not have to be carried out in order for it to be considered a criminal offence. It is also a criminal offence to make a threat of violence against a person or property with the intent of causing fear or distress.[Offences Against the Person Act 1881 AND possibly Public Order Act 1986]); report the Fly-Tipping as this is illegal https://www.gov.uk/report-flytipping; get quotes for the fence and shed roof plus re-instating the garden and send to the owner of the property stating that if you do not hear from him within 7 working days then you will issue a MCOL for the damage plus legal costs.

Reluctant Landlord

12:31 PM, 19th September 2023, About 8 months ago

Reply to the comment left by Judith Wordsworth at 19/09/2023 - 12:16
followign on form this.....is the property is a selective licencing area? If so make sure you get to the right department and tell them of the issue with the owner of the property next door. As the freeholder they have to hold the licence and with that comes obligations. The council might be very interested if they sniff any chance of getting a prosecution/enforcement opportuinity...

Rose

18:27 PM, 19th September 2023, About 8 months ago

Reply to the comment left by RoseD at 19/09/2023 - 11:59
Seriously ? ....

Rose

18:59 PM, 19th September 2023, About 8 months ago

Reply to the comment left by Judith Wordsworth at 19/09/2023 - 12:16
The deparment in the Council was Cleaner Neighbourhoods, they were good in so far as stopping them having uncontrolled fires when they were burning trade waste like plastics and wire etc. But they said they couldn't stop them having a controlled fire burning wood despite how close it was to ours or the dangers the accelerants posed nearby.

With regards to your comment on Assault and that a threat is regarded as a criminal offence is very informative. My tenant is a single female who works shifts so often arrives and leaves in the early hours. The neighbours are often outside drinking at this time and will ridcule and laugh when she asks them to move their cars so she can park in her parking spot. For the last year she has parked on the main road to avoid confrontation and so shes not blocked in so late for work.

I will get quotes for the damage but wasn't sure whether to ask the tenant or landlord for reimbursement. A tenant would usually only have contents insurance not buildings so my fence etc wouldn't be covered.

Rose

19:01 PM, 19th September 2023, About 8 months ago

Reply to the comment left by Reluctant Landlord at 19/09/2023 - 12:31
No we don't have selective licencing. Thanks for replying.

RoseD

20:30 PM, 19th September 2023, About 8 months ago

Reply to the comment left by Rose at 19/09/2023 - 18:27
Perfectly serious. You have already had little or no responsive action from the landlord or the council. Is your main concern for compensation here because as you've already stated...that's not likely to happen. The few responses you've had from what is a normally a very active forum speaks volumes. Good luck in your quest for a satisfactory conclusion.

Rose

23:13 PM, 19th September 2023, About 8 months ago

I have been using this forum for quite a few years now and found it to be a great source of information and knowlegde. If you've nothing constuctive or of value to add leave it to those that do!

Reluctant Landlord

9:00 AM, 20th September 2023, About 8 months ago

Reply to the comment left by Rose at 19/09/2023 - 19:01
try your MP in regard to lack of council action? If the MP is a different flavour to the Council then they might see this as a chance to make a political dig? Even if it is not your priority, you could make it work for you too?

Smiffy

13:02 PM, 20th September 2023, About 8 months ago

as said by Judith

"get quotes for the fence and shed roof plus re-instating the garden and send to the owner of the property stating that if you do not hear from him within 7 working days then you will issue a MCOL for the damage plus legal costs."

But, I would send it to both tenant and landlord and I would serve it "jointly and severally" liable, and drag the pair of them into court. A summons issued against the tenant might be enough for them to disappear, but you'd still have the option to go after the landlord.

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