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Advice needed on problem neighbours


helhol

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hi,

my daughter is in a council property and her neighbours are private renting, in oct 2012 her neighbours dogs damaged the joining fence and as my daughter has a placid dog asked them if they would be mending the damage caused as their dogs were vicious. and the neighbours admitted this and that they struggle to control them too (all 4 dogs)

well, that is where the problems started, verbal threats by them to my daughter who is 8 months preg now by saying they are in private rented so if my daughter complains about them they cant be evicted but they would get her evicted as she is in a council property. then a 1st false harrasment allegation made and my daughter recieved a asbo warning letter!!

noise abaitment was notified as the neighbours dogs and themselves would be making a racket till early hours, they said council should be notified!!

well today the neighbours dog climbed through into my daughters garden, so she notified the police for a damaged fence , dangerous dog on the loose, and the police and dog warden visited the neighbours but as a dog damaged the fence they couldnt prosecute them. but the police were told the neighbours are saving up to mend the fence (they have said this since oct). and to keep dogs on lead in the garden,

lo and behold a second hand delivered letter arrives this afternoon to my daughter from the council ASBO team saying a complaint has been had by the neighbours saying my daughter has harrassed them, complete and utter rubbish!, total stress for her , she is so stressed out that i am moving in with her as she is at breaking point now, legaly where does she stand ,

oh, and can a solicitor get involved for her to make a counter allegation of harrasment and threatening behavour towards her, advice please x

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I would seek legal advise. If they are making false allegations then they're wasting time and resource.

 

Maybe if this happens again, record it if you can. Audio, video or both. It's a crappy situation to be in. :(

 

luckily i have a camcorder/camera so it will be in use again when i move in ;)

and sadly she is in no position to move any time in the near future, and why should she be driven out???

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Hello :) First post since joining so bear with me!

 

From reading your post it seems you and your daughter are in an extremely difficult position.

 

To cut to the chase, there is no such offence as threatening behaviour. In relation to Harassment. This is an offence where somebody pursues a course of conduct likely to amount of the said offence.

 

To pursue this course of conduct you need to have evidence - to simply say their dog did this, they have said this which is not true etc is not good enough.

 

You would need to prove that they are harassing your daughter in an effort to cause deliberate distress, upset etc. If they make a complaint regarding your daughter to the council and the council write to you then same goes for them - for anything to happen they need to have evidence.

 

Before this all gets out of hand you need to speak to the council and ask them for a meeting regarding the situation. Outline what is going on, what your concerns are and have it put on record that you and your daughter do not believe this to be the case. A council cannot throw you out of a property because of compalints from neighbours - there needs to be physical proof of this too.

 

Unfortunately it seems like its swings and roundabouts for both parties here and one which will not be resolved anytime soon.

 

I cant see why you called the police regarding a dog being in the garden? You dont state the dog has attacked anyone so cant quite see how it is dangerous at the minute - should have been an outright call to the council for the dog warden and to the homes department to inform them of the damage to the fence.

 

As I say a difficult situation to be in but something that wont go away anytime soon.

 

Notify the council of the issues and keep an audio/visual diary when threats, damage occurs. This will provide proper evidence of issues and help authorities to resolve it a lot quicker than table-tennis allegations that will go on and on for a long time.

 

N.B I speak from experience in many neighbourhood/council/law issues :)

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luckily i have a camcorder/camera so it will be in use again when i move in ;)

and sadly she is in no position to move any time in the near future, and why should she be driven out???

 

Well in an ideal world you shouldn't, but it's not ideal is it. If you prefer to battle it out i wish you good luck. :thumbsup:

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hi,

my daughter is in a council property and her neighbours are private renting, in oct 2012 her neighbours dogs damaged the joining fence and as my daughter has a placid dog asked them if they would be mending the damage caused as their dogs were vicious. and the neighbours admitted this and that they struggle to control them too (all 4 dogs)

well, that is where the problems started, verbal threats by them to my daughter who is 8 months preg now by saying they are in private rented so if my daughter complains about them they cant be evicted but they would get her evicted as she is in a council property. then a 1st false harrasment allegation made and my daughter recieved a asbo warning letter!!

noise abaitment was notified as the neighbours dogs and themselves would be making a racket till early hours, they said council should be notified!!

well today the neighbours dog climbed through into my daughters garden, so she notified the police for a damaged fence , dangerous dog on the loose, and the police and dog warden visited the neighbours but as a dog damaged the fence they couldnt prosecute them. but the police were told the neighbours are saving up to mend the fence (they have said this since oct). and to keep dogs on lead in the garden,

lo and behold a second hand delivered letter arrives this afternoon to my daughter from the council ASBO team saying a complaint has been had by the neighbours saying my daughter has harrassed them, complete and utter rubbish!, total stress for her , she is so stressed out that i am moving in with her as she is at breaking point now, legaly where does she stand ,

oh, and can a solicitor get involved for her to make a counter allegation of harrasment and threatening behavour towards her, advice please x

 

You don't need a solicitor to make an allegation of harrasment or threatening behaviour. You just need to contact the police.

 

It may be useful if you keep a diary of all of these issues (with dates) and any evidence.

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hi,

my daughter is in a council property and her neighbours are private renting, in oct 2012 her neighbours dogs damaged the joining fence and as my daughter has a placid dog asked them if they would be mending the damage caused as their dogs were vicious. and the neighbours admitted this and that they struggle to control them too (all 4 dogs)

well, that is where the problems started, verbal threats by them to my daughter who is 8 months preg now by saying they are in private rented so if my daughter complains about them they cant be evicted but they would get her evicted as she is in a council property. then a 1st false harrasment allegation made and my daughter recieved a asbo warning letter!!

noise abaitment was notified as the neighbours dogs and themselves would be making a racket till early hours, they said council should be notified!!

well today the neighbours dog climbed through into my daughters garden, so she notified the police for a damaged fence , dangerous dog on the loose, and the police and dog warden visited the neighbours but as a dog damaged the fence they couldnt prosecute them. but the police were told the neighbours are saving up to mend the fence (they have said this since oct). and to keep dogs on lead in the garden,

lo and behold a second hand delivered letter arrives this afternoon to my daughter from the council ASBO team saying a complaint has been had by the neighbours saying my daughter has harrassed them, complete and utter rubbish!, total stress for her , she is so stressed out that i am moving in with her as she is at breaking point now, legaly where does she stand ,

oh, and can a solicitor get involved for her to make a counter allegation of harrasment and threatening behavour towards her, advice please x

 

Can I confirm your daughter has been issued with two asbos?I imagine the council believe that your daughter has done something wrong.I would imagine solicitor will charge an immense sum so a visit to the CAB would be more sensible.

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