 MICE, MICE and BIG Rats on the street at night....? |
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How long does a company chase you for unpaid rent?
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Ade C | Can tenants from a rented flat be thrown out for a) over occupancy and b) loud noise? |
My partner lives in Musselburgh, near Edinburgh and is experiencing great problems with a Polish family who are renting the bottom flat. Last year, the flat was sold to an old couple who decided to renovate it and start renting it out. They didnt have a clue though what they were doing, and put it into the hands of a letting agency. My partner has to put up with loud noise (banging) from them for hours at a time everyday. There are four of them living there; two small kids, who we think are the culprits of the banging, which is extremely unpleasant. I have been down on many an occasion to tell them to stop, but the parents just look at me blankly and take no notice. Now they are threatening us saying they are being "victimised" just because they are Polish which has angered us both.
Is there anything that can be done to get these idiots out pronto? I am due to go down for a few days in March as a holiday from college, and I dont want to put up with them no more! HELP! |
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julie g
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If you want to e-mail me the details I can get the name and address of the owner of the property if you want to get in touch with them.
juliegallowaypink@yahoo.co.uk |
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Veston Pants
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The link below is the East Lothian Environmental Health Dept. They deal with noise.
The council has a statutory duty to deal with noisy neighbours including private tenants. Most people think they are only for projects and schemes. Drop them an e-mail and start the ball rolling.
I would suggest you keep a diary of dates and times and types of noises and record what you can. Witnesses are also good.
xxFJ |
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Scott N
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yes they can. but its a lengthy process because it has to go through the courts. try speaking to your local council for advice. or even visit your local cab centre |
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*Jiiize*
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hehe!
I live in edinburgh too:
we are 5 in the flat and my polish flatmate (a 20 year old girl) invited 4 polish girls to stay for 15 days without even asking us!!!
And yet she had the bravery (or silliness) to argue when i complained!!!!
what to do in your case: check for HMO license of the flat bellow and denounce them.
That seems mean or facist but, we have rules and we need to obey them! its too easy to hide behing "oh im polish you are racist"!!!
and make complaints when there is noise, its legal to do it! |
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♥ Miss Sausage ♥
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Instead of speaking to the couple have a word with the letting agency & see what happens |
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Tony B
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Tell them to feck off the ponces and tell them british people should be prority in there own country. Makes me sick i am waiting for a council place yet i saw some polish people come in the council for there damn benefit GRRR |
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LISA H
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On some tenancy agreements it has a clause in which you have to write in who will occupy the property and no-but those persons named can or you break the agreement and yes, they can be evicted.
As far as noise, get in touch with the envirnmental health at your local coucil, there are laws for levels of noise during the night. It will be a long process of having to try and prove it. A friend of mine recorded the noises levels and kept phoning the police for them , its classed as a type of disturbance and nuisance. Eventually her noisy neighbour got sick of the police calling and moved.
Good luck |
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DF
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If the landlord has renovated recently, there are strict laws regarding noise insulation between properties. If it's a recent conversion they may not have followed the building regulations and can be forced to improve the situation.
There are also strict laws on anti-social noise and nuisance.
Get onto your local Environmental Health dept. at the council. They will be able to give help and advice. |
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Michaela C
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If they have got a Lease or Contract it would be kind of hard to try and get them out. You might need to speak 2 the landlord instead of confronting them personally, Sometimes it can only make matters worse. (as u may have already noticed) If the landlord doesnt do anything you can take legal action against them. The best thing to do would be to go to a no win no fee solicitors or even your local Law Society who have legal aid if you cant afford the pricey solicitors bills.
If taking legal action isnt what you want to do then, theres nothing else you can really do but move. I know its not always fair but if your that fed up with noise and no one is taking any notice. it looks like the best option u could take.
I hope everything goes well for you xxxx |
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Alipatta
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It depends on their tenancy agreement really. Most of these have clauses that ensure the tenant doesn't spoil the enjoyment of the property for the neighbours. Not sure about Scottish tenancy law though as it could be very different from England. Try the letting agency first, in writing. Then, if that gets no response, contact your local council who will have a noise policy even in rented homes. Don't let people accuse you of being anti-foreign and tread a careful line. For example, don't mention anywhere in your letters that it's a polish family as you're inviting trouble there. Just mention that it's a family of 4 who are being noisy. Also, you may struggle to prove the noise affects your life if it's not loud music or the like. I think the letting agent needs to come round to hear whatever's going on downstairs. This is a tough one so good luck with it. |
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kinvadave
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I wouldn't expect 2 adults and two children to constitute a breach of their tenancy in terms of over occupancy. Neither would I expect the letting agency to take any action over noise unless they are damaging the property.
Council or Police may be able to take action on noise. Make recordings if possible and timetable the events. Get neighbours to report it as well. More people makes a better case than a single complaint. |
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Poppypunto
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There are laws to protect people from noisy neighbours,this includes private tenants.Go to your local council & enquire what the procedure is for doing something about this.There is a thing called an abatement notice which is primarily for problems such as noise.It is served on the owner of the building.It is part of the envireomental health act & is used to deal with all kinds of noise.Also there is the noise act 1996 which local councils can use.It will probably be envireomental health department as it is part of the envireomental health act.Go & see your local council(it doesnt have to be a council house to get them to deal with noise nuisance),ask them what procedures they have for dealing with noise.There are quite a few things they can do both to the tenants & the landlord.Start keeping a diary so youve got a record of wot they are doing & how often.Also you can consult citizens advice or a solicitor but try your local council first.Landlords soon sort thir tenants out when they get official letters.If they hav a proper tenancy agreement there r probably clauses to allow 4 eviction on noise or nuisance grounds. |
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maz22 c
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yes contact your housing authority, they are being a nuisance,(noise) and are breaking their tenancy agreement if it is over crowded, do not expect the housing to act quickly though , because they are Polish and probably have more rights than you |
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