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 .
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:
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.
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.