Nightmare tenant above

by Readers Question

18:04 PM, 11th July 2014
About 4 years ago

Nightmare tenant above

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Nightmare tenant above

Please can someone give my advice, my boyfriend is living below a guy who is a nightmare.  Nightmare tenant above

The tenant above had a party from 10.00 pm to 6.00am and a environmental order was sent out, which my boyfriend received. He gave it to the guy upstairs and it has been down hill since then.

I am currently typing to the sounds of him F-ing and blinding at his girlfriend, she is screaming and crying and he sounds like he has been throwing her across the room.

He makes music and all you can hear is boom, boom. It is on for 15mins, switched off and then back on again 15 mins later.

Last Sunday it was on all day  – boom boom boom, sometimes at 10.30pm you can hear it.

Sometimes it is so loud that if you are out side it is like begin in their lounge.

The rest of the time he spends his time F-ing at her and she can be heard screaming and crying regularly. The neighbours have said they have seen him throwing her across the patio at the back.

My boyfriend has contacted the landlord to ask him to have a word with them and he said to him one more thing and they are out. He’s called the landlord several times since but he never gets back too him.

What can we do?

I have told them to keep the music down and I have gone upstairs to see if she was alright once because you could hear her screaming.

Thanks

Donna



Comments

Mark Alexander

18:08 PM, 11th July 2014
About 4 years ago

Hi Donnas

I would urge you to try to get the poor girl some help.

If you do it might help solve your problem too.

I wouldn't really know how to start in respect of getting the girl to help herself but there are professionals that will.

Please see >>> http://refuge.org.uk/what-we-do/our-services/helpline/ - that's a good starting point.

Please let us know how you get on.
.

Stacey McCourt

18:18 PM, 11th July 2014
About 4 years ago

Hi, I suggest that you speak to the tenant's landlord about this and request that he threatens the tenant with a discretionary Section 8 Ground 12 notice if he continues to make so much noise and allegedly abuse his girlfriend. Section 8 Ground 12 is a notice where the landlord can evict the tenant from the property because of a breach in the tenancy contract that isn't to do with rent including what the tenant above is currently doing such as shouting, hosting loud parties, loud music etc. It does sound like a serious case of domestic abuse so I suggest visiting the link posted by Mark Alexander above. Good luck.

EDIT: I mentioned "quiet enjoyment" and made a point that was completely wrong, sorry about that!

Martin Rdg

19:02 PM, 11th July 2014
About 4 years ago

I suggest you log every incident from now on - it may come in useful.

Sally T

21:42 PM, 11th July 2014
About 4 years ago

Have you tried calling the police when it sounds like he's abusing her ??? He may not like people interfering and decide to move, it may also help her (if she wants to be helped).

Mark Alexander

21:51 PM, 11th July 2014
About 4 years ago

Also you could try to get audio or video evidence of the abuse.
.

donna douglas

23:12 PM, 11th July 2014
About 4 years ago

Thank you so much for your advice Section 8 Ground 12 notice sounds like a good way to go.

In terms of his girlfriend something seems to be going on, today you could hear him swearing at her and a lot of crashing, banging and her yelling/crying.

You only hear him yelling, never her, loud crashes like furniture being moved around then her yelping and crying. I heard him say I am going to kill you to her over and over again, slight in a demonic tone, about 3 weeks back.

After I went upstairs to see if she was all right he came down and said with her there she gets jealous and we smoke weed, that is why we fight. He then said he has ADHD, a punch bag chained to the celling, he throws furniture and breaks things when he gets angry, you seem to get loud thuds like furniture being dropped.

I not trying to sound like a saint but I have never done drugs and was thinking wow, he is very open about drug use,although my boyfriend went upstairs about the noise and said he and his friends looked out of it.

In terms of the music it has just been switched off and it is 10.44pm, the noise just grates on after a while the boom boom boom.

On the noise terms do you think that alone would be enough to get him out. The music is switched on at 9.30 am boom, boom not always very loud but you can still here the boom. He makes it he told me as well, great.

If you have the tv on like Sunday trying to watch Wimbledon and the noise competes so that you have to turn the sound up.

Next door complained to landlord because of something sounding like fireworks being thrown against there bedroom wall.

The Local magazine for this area that was pointed out to my boyfriend by the librarian who used to live in the house. He found out when he joined the library printed in it says about complements of loud music coming from this road and it is a very short road ,very village looking here and quaint.

When you meet him he is all sweetness and light, charming but you want to have a go about his behavior.

No wait music still on, just turned down a bit and I will keep you all posted.

Stacey McCourt

23:29 PM, 11th July 2014
About 4 years ago

Thanks for such a detailed response Donna, as well as ground 12 I suggest that you ask the landlord to issue a ground 14 and 15 notice. Ground 14 includes domestic abuse and drug use (I should have put this in earlier, sorry it's been a while since I revised the grounds) and ground 15 covers when the landlords own furniture has been ill treated - so this applies if the property is part or fully furnished. If you are new to this, you may not know that these are all discretionary grounds and that means that the court will decide whether the tenant will be evicted or not. All grounds up to Ground 8 can immediately have the tenant out without the court's initial decision. I highly advise that the landlord issues a ground 12, 14 and 15 notice, giving more chance of the landlord winning the case at court if the current tenants choose to contest. Sounds like an awful person! Definitely keep us posted.

donna douglas

23:40 PM, 11th July 2014
About 4 years ago

Sorry if it went on a bit, what are the grounds up to 8 and so that can mean that he is out straight away.

It is my boyfriend that puts up the most with it, he does not want to be here. It has been a nightmare since he moved in, he at the point that he is climbing the walls, states at his parents to avoid the situation some nights.

You meet him and he can be charming, as the neighbor's said there bedroom wall back's on to there bedroom wall, so they can hear a lot.When he is not telling her to f off as he did the other day and when she complained about noise, party going on till 6.00 about 2.00 am, told them to stop but got told to f off by his girlfriend.

Plus I wish that he would not thoud when he walks around, the celling above vibrates.

thank you

Stacey McCourt

1:09 AM, 12th July 2014
About 4 years ago

No worries, I like as much info as possible 🙂
Unfortunately none of the mandatory grounds (1 - 8) apply to your situation. It does sound really serious. Like suggested above I suggest you record the noise the tenant is making - audio or video is fine but video evidence is definitely better - and definitely get the landlord to issue the tenant with them grounds. Your audio/video clip will then be used in court as it is pretty solid evidence and as well as getting the tenant evicted, he may also be arrested for domestic abuse and drug use.

AA Properties Wales

12:19 PM, 12th July 2014
About 4 years ago

Hi Donna, 1. Always call the police as soon as you hear the screaming, tell them about his threats to kill and violent screaming. (I have just reported my neighbour for same) 2. Always log down EVERY incident, compiling a log. 3. Send or email landlord a copy of these logs. 4. Tell landlord he has a duty to your peace and quiet as his tenants are causing nuisance. 5. Phone the council for noise abatement, and they have an asbo team. 5. Phone your local community police officer with your log waiting for him when he arrives. 6. Have your neighbour next door compile a log separately. 7. Make a plan now, baby steps, to get rid of those above. 8. ONCE they have been removed, send the landlord another letter explaining that he must vet his future tenants, or he could be liable.
IF you don't be proactive, you will live in hell.
FYI. I live in a quite residential street, I love it, I play my classical music after a hard week's work plastering ceilings, fixing leaks. THEN for last 2 weeks a neighbour from hell has been doing exactly the same as your neighbour, effing and blinding etc, shouting, abuse.
I have logged every incident, by time, by day, by night. I have phoned police 5 times this past week. I told police if someone in the street gets hurt by this guy then the neighbours will band together to sue the police for negligence in the knowledge of his behavior. A sergeant has assured my she is on the case. The troublemaker knows it is me doing the reporting, especially as I invite the police into my house for interview. YOU have to stand up to these type of morons or they will not get it. I have a saying "pigs in shit are happy" (but not in my backyard!). Sorry, obviously I am having a boring day.
Regards, Kevin - AA Properties Wales

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