Published on 12, July, 2020
My bother lives in a flat by himself however it seems that he has problems stimming at night and the neighbours in the flat below are saying that they can hear him shouting to himself and banging at night. I think the banging may be rocking in bed as for some reason he is finding it hard to sleep
The landlord is now warning me that this could be escalated to an antisocial behaviour complaint which i am worried could lead to him being evicted from the property
Is this possible ?
Theres no way i can think of to stop this action at night and he has been warned not to do this for fear of complaints .
Again not an expert, not offering legal advice, but what would proberbly happen is you sue both the landlord and the managment company at the same time and the judge will probably decide the landlord is a 3rd party and remove them from the case but with a tempoerary court order preventing eviction untill the case with the managment company is resolved. Meanwhile the managment company could be guilty of a section 15 breach of the equality act and would have to justify its actions in court in that senario.
but its the landlord that needs to defend their position as if a neighbour complains its a attack against the landlord, making it so the landlord is told to evict the tenant or lose their lease... how does the landlord defend themselves by the tenants disability? ... they cant, therefore they have to get rid of the tenant to defend their ownership of the lease.... its eviction by third party... the landlord doesnt want to evict the tenant but the neighbour is launching a complaint that forces the landlords hand on threat of losing their lease.so its eviction by third party in which the one evicting isnt the landlord but the complainant... while the landlord is told to evict by the complainer and if the landlord refuses then the landlord loses ownership of their lease. if its that situation....it would be that in my flats, i can issue a section whatever to the management company of the flats i live in if my neighbour annoys me and say he needs to be evicted due to breaking the lease rules.... the management company then has to abide by the section whatever request and then demands the landlord of my neighbour evict his tenant due to rule breach uner section whatever.... and if they dont comply they lose their property.... so the landlord has no choice, and doesnt want to evict, but in that case has no choice or will lose their investment and property... you see i dont think any defence can defend this as it goes through a third party and the one eviting actually doesnt want to evict but is being forced to by the neighbour who is using the management company head to enact the rules and regulations of the lease. ... in a way thats actually force by third to fourth party now i think on it lol too many layers, and both management head and landlord both may not care about the situation or want to evict but is being held by the rules and regulations of the lease by the initial complainer, which would be the neighbour... all in all its the neighbours fault, and their doing, but yet no defence can be mounted against them as their actions go through 2 other places, the management head then to the landlord.... both of which may not want to do it but are being forced to by the rule book.
I am not giving legal advice. But I know that disability can be used to defence against eviction even when tthe eviction is due to rule breaking.
examples:
it is possible.... and the landlord cant help it....as much as i hate landlords.... if the building is a flat and leasehold then the landlord is beholden to its lease rules... if a neighbour complains about the noise to the flat buildings management company or landlord, then your brothers landlord will be told to evict the tenant by section 144 or something... 164... i forgot... theres a number thingy where you claim against a landlord in which the landlord is allowing his tenant to breach the peace or rules of the building and by using that it forces the landlord to kick the tenant out and if the landlord refuses he loses his lease and the property and its no longer his despite having brought it.so basically your brothers landlord isnt the bad guy here. i wouldnt be saying this until i brought a flat myself and learned these lease rules in which my ownership can be revoked if i broke the lease rules, and if someones claiming anti-social behaviour or even noise complaints they are breaches of negative covenant of the owners lease and the owner/your bros landlord, could lose his property if they complain and use that to demand he evict the tenant... the neighbour is the one that will force the landlords hand, the landlord wouldnt want to lose his property he paid for so will always comply with demand when someone does this and goes for this section rule thingy based on breach of negative covenant.
If he has a diagnosis then he may be technically protected under the equality act. Can't evict someone for having a disability.
This is a worry and makes me sad. Im sorry this is happening. Could you get in touch with the local social housing dept and explain the situation, and the risk that your brother could become homeless and the effect that this will have on him. He could be considered as a priority. A letter from his landlord confirming what he said about antisocial behaviour, and confirmation of diagnosises would be useful too.
Why is everything so difficult! X
Can you add padding to the bed frame so that it rocks more quietly? Not stimming is unrealistic but it should be possible to make it quieter.