Neighbour from hell Part II

[Sponge]

This follows on from this thread.

Last week my father received a letter from the Environmental Health in response to another complaint they have received. The complaint alleges my father is running a business from his house and is also making too much noise.

Although they wouldn't say who the complaint was from, the Environmental Health (EH) Officer my father later telephoned said enough for him to be able to confirm it's from his neighbour. The one that has made complaints in the past.

It specifically mentions activities in March. We have worked out they are referring to a time my father was on annual leave. During this time he was making me a gate for my house. Nothing fancy or big, just a normal gate for the bottom of my path. There is no commercial enterprise going on here. It’s simple DIY. Something he loves and has no intention of stopping.

The EH Officer stated they have no intentions of stopping people DIY’ing, but they have to respond to all complaints they receive. My father explained the situation and got them to record the previous incidents where he was ‘cleared’. (It seems they hadn’t already done that.) She also let slip that they had called the complainant and she had rejoiced that the activities had stopped since they had sent their letter out to my father – but they hadn’t. They were weeks behind sending letters out. We feel and hope this strengthens my father’s position as it shows his activities aren’t a frequent occurrence or as intrusive as his neighbour makes out.

My father is understandably upset and wants to set the record straight by putting forward his side of events. To this end he is drafting a letter to the Environmental Health. I’m going to share it with you, then my concerns over his proposed course of action:

[ QUOTE ]

This E-mail follows our telephone conversation relating to the letter sent to me dated the 20th April 2006.

I am fully aware of the person who has instigated the complaint, albeit on this occasion or on the previous one, your ref. xxxxxxxxxxx, dated 1st.June 2004.

As a matter of interest I have neither brought the receipt of these letters to her attention even on the rare occasion we have had reason to communicate. It is not in my character to go around upsetting anyone intentionally or otherwise.

I am currently employed as a Transport manager for DHL Feight but prior to this, 30 yrs ago, I was a Joiner. During my normal working week Monday to Friday, from leaving home to my return in the evening I will easily put in a 12hr.day. I have the week ends for relaxation. If I can find something constructive to make, then that’s what I do to wind down. I will work in my shed or garage. This is not every week-end only on occasion, it is on these occasions that I ‘D.I.Y’ it, not before 9am and not after 5pm.

The first letter of complaint I received was the aftermath of making a Tree bench for my front garden. I was off work for a number of wks having suffered a ‘Mini stroke’ due to high blood pressure.

The second letter was the out come of taking my last two weeks holiday before the holiday year end. During those two wks I spent time making a front gate for my son and two bird feeding trays for the garden.

The suggestion that I am operating a business is in my opinion, typical of the complainant, an attempt to add strength to the grievance.

I certainly don’t want to bore you with all the details which began six years ago when we first moved here. Never-the-less it might give you an insight into the overall picture.

1.

On two separate occasions when I was washing my caravan - prior to going on holiday - which was parked partly on the road and pavement (which is quite wide) when the police arrived, they had been called out by my neighbour, coincidentally on another issue ( youths making a noise/disturbance in the playing fields). As I wasn’t blocking the highway I was allowed to continue and finish the task in hand, on the understanding that I wouldn’t be all day at it. After the second time this happened It was mentioned to me by the community police officer who paid a visit, that this was obstructing her view when she was leaving her driveway. I mentioned that this was only due to the fact that she always reversed onto the Highway, if she drove out she would have a better view and less chance of an accident. This must have been brought to her attention by the community police officer as it doesn’t happen anymore…..But it must have left a deep mental scar. (I no longer wash my caravan on the road/pavement my drive is now wide enough).

2.

My garage floor is, after heavy rain flooded from one side. The garage walls are concrete panels which have reinforcing bars inside the concrete. These bars are starting to break at the base of each panel due to the constant damp. The neighbours drive is at least 12” higher than the floor of my garage and is butted up against my garage wall.

I brought to her attention the possible and eventual risk of the concrete panels breaking up, resulting in the collapse of the garage wall. The weight of her car driving past could one day weaken the base of the panels and cause a nasty accident. I wanted to know what preventative measures were taken, or not taken against this happening ie,DPC or a soak-away, when her house was built and the driveway put in.

I also mentioned that due to this I may eventually have to replace this with a brick built garage.

No more was mentioned verbally, till one day soon after, I received a letter informing me that should I rebuild my garage she would hold me and any contractor legally responsible for any damage caused to her drive. Needless to say I have not made issue of this, other than to inform her that I now have no intention of rebuilding my garage, should it collapse one day when you drive past, don’t say I did not warn you.

I am not making any attempt to explain any right or wrongs from my side of the fence, only an insight into the other side of the issue which is not always as clear cut as it may seem.

[/ QUOTE ]

(Please ignore any grammatical errors as this is only a draft.)

I have told him to continue drafting the letter, but having read it I feel what he is trying to get across is far too much information than is required. It may make him feel better getting it off his chest, but I fear it will fall on deaf ears. They simply won’t care or take it into account. I may be wrong. With this in mind, I advised him to seek proper legal advice before he sends anything. I think it has got to the stage where he has to talk to a solicitor, get reassurance on his position, on what he can do and what the EH can do. The situation could get nasty and the complaints will probably keep coming. My father continues to be polite towards her and not take the bait, but she obviously has it in for him. I therefore think he needs to get the big guns out and put a stop to it once and for all.

I now submit the issue to the TSN community for your ever wise words.

[drpellypo]

Why don't you just tell her to take a hike? I mean, EH don't have anything on your dad, cos there's no evidence of any commercial activity (there wouldn't be - as there's nothing going on), so in turn, this neighbour has nothing on him.

Vicarious communication in my opinion will only fuel her and her complaints. Would it not be better/easier just to ignore her?

[Sponge]

Ignoring her is one of my preferred options. My mum used to say things like 'ignore them and they'll go away' - it doesn't always work though. But I agree, he doesn't want to do anything that will fuel the situation.

[NeilB]

Ignore her, as EH will just get fed up and won't bother to take her complains up.

[shark_90]

Top letter! I don't think he has anything to worry about, so let them do their investigations, as inconvenient as it might be, and let the EH tell Mrs NIMBY to feck off. It will be a lot better coming from them than your father. Best of luck getting it sorted though, it can't be easy for him.

[pingpongpo]

Its like the boy who cried wolf. Your dad can get his own back by just carrying on as normal and then when the EH get fed up of coming round, he can start up a pneumatic drill demonstration unit outside.

[fjfr]

The best way to sort out people like this is to be friendly. Go round for coffee, see how they are etc. 20 mins a month = peace. We had a neighbour like this - she started complaining about our auto garage light being too bright, so we changed the angle & mum went to apologize bla bla bla & after that, no hassle whatsoever. My uncle had a simaler problem, and is now £20,000 down in legal fees, 5 years stress & is sueing the solicitor as well as the neighbour

I admit that it's probably gone too far in this case, but it's better trying to reach an amicable solution now than having 10 years of fighting (and the stress that causes)

PS. Just IMO

[peterb]

[ QUOTE ]

Top letter!

[/ QUOTE ]

I think it's a c**p letter - poorly constructed sentences, bad grammar, and far too 'waffly' - but then I suspect that Sponge holds the same view.

Such a letter would be likely to end up in the bin where communications from the complainant belong!

[lottiefox]

too long, too much information, too emotionally involved - can see the points he is trying to make but he needs to make them succintly and with a "business" perspective sort of approach.

[Sponge]

I agree, Lottie. I intend to re-write it for him, putting across his intentions but in a more business like format. However, I'll be advising him not to send it just yet.

I'll be calling him later to find out if he's obtained any legal advice, as I suggested yesterday.

Thanks for sharing your thoughts everyone.

Edit: I've just spoken to him and he hasn't contacted a solictor yet, but I asked him a few more questions.

The EH have pretty much put this one on the back-burner until they receive any more correspondence.

My dad asked for another home visit but they declined saying they've already been out before and they are currently happy with the situation.

He also added something he failed to mention in our last conversation. If they do receive another complaint they will consider placing sound monitoring equipment in the area. I presume on her property. Now I feel this would actually work in our favour. The road outside the two properties is only a small one, but a major link between 'Switch Island' (end of M57 & M58) and Southport. It is heavily used by commuter traffic and HGVs. The noise can be so loud you can't actually hold a conversation on his drive. There's obviously the rush hour increase in traffic, but it's pretty constant all day, everyday. It's far more intrusive than any noise he can make constructing shelves in his shed.

[saab]

I would definitely not send the letter in that form. At the very least it needs redrafting by someone who is used to writing formal letters.

However I would ask what he hopes to achieve by wrting to the EH? Unless they have written to him asking for some kind of communication then I would consider not bothering. I do recognise the desire to have his side of the story on record and there may be some merit in that, but if so it really should be a very bland statement of facts and dates.

On a slightly separate issue it sounds like water from her driveway is not being channelled properly and as a result has caused damage to your father's garage. I would suggest he take legal advice on that because I bleive that she has an obligation to stop that from happening and unless she does she may be liable for some or all of the associated costs.

[Sponge]

[ QUOTE ]

On a slightly separate issue it sounds like water from her driveway is not being channelled properly and as a result has caused damage to your father's garage. I would suggest he take legal advice on that because I bleive that she has an obligation to stop that from happening and unless she does she may be liable for some or all of the associated costs.

[/ QUOTE ]

I totally agree! It's something I have been telling him to do for years. I am sure the way her drive was built contravenes some sort of building regulations as it uses the wall of his very old and structurally unsound garage, as support for her drive! There is a lot of earth resting against it, nevermind the added weight of a car driving past 3 or 4 times a day.

His garage floor has a permanent puddle across most of the adjoining wall.

[saab]

In that case he should do it immediately - if he has left it for a long time it might be deemed that he has accepted her actions? It's a long time since I studied law! I'd be surprised if there were any building regulations relating to driveways - after all they are by definition regs relating specifically to buildings - there are probably only codes of practice and guidelines. As far as I remember there are some pretty well known legal cases (of tort) relating to buildings or structures relying on other buildings for support - I have a feeling that if you allow it to continue for a certain period of time without raising an objection the supported structure earns a right to that support - really a solicitor needs to advise - there are several on TSN maybe they can help?

[DanG]

Get your old man to make her a bench?? Maybe that'll keep her quiet.

[garcon magnifique]

Or a coffin...

[Sponge]

[T2Cupra]

Maybe you should speak with Gaz, he's a bit hot on construction law and will give you his views on the garage.

[Sponge]

Ah, good idea.

You need to create a Gallery and get some pictures up mate.

[T2Cupra]

yeah i know, the pictures i had were lost during the hdd problem that you fixed for me. Cleaned and polished it today, need to go to a park and get some nice shots! any news on the old mans neighbour?

[Sponge]

Nothing new. I think my dad feels a little better since writing the letter. (Even though he hasn't posted it.) He's also coming around to the idea of doing nothing. As stated above, he hasn't/isn't doing anything wrong. Let her complain, let the EHA investigate, let them see nothing is wrong and let them, hopefully, get annoyed with her constant, wasteful complaints.

[craigyb]

I have an old g1t living next door, ex tax inspector with a back garden like a jungle and hedges that were over 20 foot high. I've had nothing but grief and abuse off him in the past 7 years.

Anyway, one of his 3 silver birches was lifting the fence between us and I called the council and they informed me that it was a public nuisance, so I drafted a letter of intention to him, I gave him 28 days to remedy the situation before I would consult my solicitors. 3 weeks later the tree was gone, 50% of the light to my garden was restored and 90% of the cr4p blown in was gone.

Since then he has been more civil and actually allowed me to cut his hedges back to 2 meters ( he wasn't gonna do it)

I'm just waiting for the second tree to start lifting the panels further down the garden and I will be a very happy to repeat the procedure.

After 9 years I feel as though I have the situation under control now.

But I think your dad should take the same approach with his neighbour.

Craig

[sotty]

Just been through 4 years 3 court cases, 2 restraining orders and 1 ASBO with a mad woman next door that made our lives misery.

Good luck... this site helped Neighbours from hell UK help website