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Eviction for stimming

NAS92496
6 months ago

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 . 

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  • 6 months ago

    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. 

Reply
  • 6 months ago

    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. 

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