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Neighbour Dispute.

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reb0118

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I live in a terraced row. There are two blocks of four flats each adjoining each other. When I moved in 21 years ago there were seven owner occupiers and one tenant. The situation has almost reversed with there now being six tenants to two owners.

As you can imagine with tenants the general standards have dropped somewhat.

So, to my point. Immediately outside by rear bedroom window is a small shared area partly under the stairs for the upstairs flats. Overtime small items of rubbish have appeared under my window, emanating from I suspect my neighbours above, in the grand scheme of things this has not caused me major upset as I just pop it in any empty bin on collection day. (A good few years ago a washing machine appeared but with the help of friends it was placed back up the stairs never to be seen again!).

Recently I received a query from another neighbour asking when I was shifting the rubbish from outside to which I responded: what rubbish? Upon investigation I discovered a sofa, a wardrobe, & other detritus dumped outside my window.

This was completely blocking access to my windows and to the rear of my property. I removed it from there & deposited it beside the upstairs tenant's bins on the shared path behind our properties. Very shortly thereafter the said tenant has appeared asking if I moved his stuff to which I responded: yes. Further informing him in no uncertain terms that if he moved it back there would be "consequences". That said I did offer to compromise and offered to help him place it in his back garden or to take it to his vehicle for transportation to the local dump. He refused both offers and is no longer talking to me.

NB other neighbours have stored bulky refuse items (prior to council uplifts) on the shared areas previously but have had the decency to ask/inform the rest of us beforehand.

So, what rights & obligations to residents have with regard to dumping rubbish on shared but private land - could it be construed as fly tipping?

Rant over.
 
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Bletchleyite

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Generally in England leases on flats prohibit storage of any and all personal items in communal areas, and landlords do enforce this, particularly after Grenfell due to a tightening of enforcement of fire related rules. However, Scotland has rather different laws and so this may not be the case there.
 

sprunt

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As you can imagine with tenants the general standards have dropped somewhat.

Actually, I can't. Sorry to burst your self-important bubble, but owner-occupiers are not intrinsically superior to tenants.
 

Puffing Devil

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Actually, I can't. Sorry to burst your self-important bubble, but owner-occupiers are not intrinsically superior to tenants.

I would disagree - tenants rarely have the same investment (fiscally, or socially) in a property as an owner - their residence is very much transitory nor do they fell the same duty of care for the fabric of the building.
 

SteveP29

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Actually, I can't. Sorry to burst your self-important bubble, but owner-occupiers are not intrinsically superior to tenants.

You never read stories about how tenants lived in squalor and cost the owner thousands to put it right when they leave?
You've got no friends on Facebook that are landlords that always post how brilliant their tenants are?
 

TheEdge

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The OP was asking for advice not a discussion of the relative merits of tenants vs owner occupiers.

It might have helped had the OP not opened with a grossly tarring comment about how tenants bring down the whole neighbourhood.
 

sprunt

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I would disagree - tenants rarely have the same investment (fiscally, or socially) in a property as an owner - their residence is very much transitory nor do they fell the same duty of care for the fabric of the building.

They have a pretty big investment in it. They live in it. If it's transitory, it's largely because of how appallingly insecure private rental is in this country.

You never read stories about how tenants lived in squalor

Yes - often because the landlords refuse to live up to their legal obligation to keep their properties in good order, and if the tenant tries to enforce their rights they are at risk of a revenge eviction.
 

Elwyn

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I own a flat in Leith. Some of the flats are owner occupied, others are tenanted. We have had some problems with occupants dumping large items and not making any arrangements to remove them.

Most blocks of flats in Scotland have factors who manage the common services (cleaning of communal areas, gardens, building insurance etc). In our case we contacted the factors and got them to write to each occupant reminding them of the procedure to be followed if they had items to dispose of that wouldn’t go in the usual waste bins. Essentially there was a contact point with a local company that would take things away for £5 a time. The factors pointed out that if occupants ignored this, then they (the factors) would eventually pay for the removal and add the costs to their annual management fee. Consequently occupants who weren’t dumping stuff were fairly swift to inform the factors about those who were. The problems seem to have stopped.

So I suggest you contact your management company and ask them to take responsibility for contacting all the tenants etc.
 

Bletchleyite

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They have a pretty big investment in it. They live in it. If it's transitory, it's largely because of how appallingly insecure private rental is in this country.

But not as big an investment as one has when owning a property - for instance, because of the rules on disclosing neighbour disputes on sale, poor behaviour can quite literally cost you a lot of money.
 

Puffing Devil

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They have a pretty big investment in it. They live in it. If it's transitory, it's largely because of how appallingly insecure private rental is in this country.

Do not shoot the messenger! I would be happy to see more affordable housing, fewer buy to let investors and a resurgence in proper social housing.
 

reb0118

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Thanks for the replies. I've read them all.

As an update the my neighbour has now managed to flood my kitchen but is denying responsibility. He also does not want his landlord involved. I was tempted to set about him with a claw hammer but seemingly there are laws against that these days. Anyway I've found details for his landlord on the land register and will pop down to see him tomorrow to get him to sort things out.

As an aside if you have water pouring out your light socket and there is only one flat above you and furthermore it only happens when their washing machine above is running where else do you think the water is coming from. The only benefit is that it is mainly landing in my sink. The ceiling is a lovely shade of brown though.
 
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