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Solicitor required - section 8 notice

Discussion in 'General Chat' started by 1animal1, Nov 6, 2010.

  1. 1animal1
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    1animal1 The Clar!! it mouves!!! VCDS Map User

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    [Nov 6, 2010]
    Are there any solicitors on here that can help with a section 8 notice, essentially i am looking to pay for a section 8 for my neighbour who has let his property via a letting agent (William H Brown)....they say that to action an eviction before the 12 month term is up, he needs to serve a section 8.

    In summary i have almost 2 and a half months notes from 3-4 days a week occurances of excess noise at all hours, environmental health have installed recording equipment and removed after 1 week - an abatement notice has been served today but i don't want to rest all my hopes on that and would rather pay for a solicitor to draw up the above document - this has all been agreed with the landlord and letting agent due to the sheer amount of pestering i have given them and based on the fact that the police are becoming ever more increasingly involved with the anti social behaviour.

    The only concern is that the tennant is a single mother claiming full social benefits, she doesnt work and has the child usually a maximum of 2 days a week - rest of time spent at her mothers. I have reported her to benefits fraud and the environemental health have informed social services who are investigating - the concern is that she may have grounds for legal aid which could esily in my mind turn the section 8 into full court proceedings, something i am hoping to avoid purely for the timescale involved - she has 10 months left on her contract

    any help is much appreciated

    Tim
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  3. beanoir
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    beanoir Sharpest Tongue in the West

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    [Nov 6, 2010]
    I'm not a solicitor, neither do I know of any on here i'm afraid, but there may well be one among us. I'm curious though that it's got to this point, if this was one of my tennants then they would be in breach of more than one of the provisions of their lease agreement, I could then turf them out purely on that. Sounds to me like William H Brown don't want the hassle maybe?
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  4. Ads
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    Ads License to drive

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    [Nov 6, 2010]
    So let me get this right........ you are paying for a section 8 notice that the landlord has agreed to serve on his tenant??
    Why isn't the landlord footing the bill for this??

    Also, she's a single mother?? If I'm honest, I don't fancy your chances for having her evicted. At this attempt, at least.
    If she doesn't want to go then it's going to be a very lengthy process to get her out.
    If it does go to court then you'll need to be armed with lots of evidence, and if she turns around and says she'll stop making a nuicance of herself then they're more than likely to let her stay until, inevitably, the problems start again. And then you'll have to go through it all again.

    She's got 10 months left?? As hard as it might be, why not put up with her until then, asking the landlord if he'd be willing to throw her out at the end of her tenancy.

    What is the nature of her anti-social behaviour?
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  5. 1animal1
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    1animal1 The Clar!! it mouves!!! VCDS Map User

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    [Nov 6, 2010]
    Ben, it seems they put a contract in place for the landlord to act upon if he so needs..... technically if your keeping things legal then apparently you should always serve a section 8 which gives them 2 months notice due to a breach, if they contest that then its court and then baliffs.

    Athree..... its generally youths visiting the property, she only has the child twice a week at the most and the case against her is huge due to the sheer amount of times E health have warned her and witnessed it post warning (sometimes on the same night). If you can imagine a room of chavs all talking over each other and comparing how many EE's they have consumed, your half way there. Silly thing is she shouldnt really be here, its a very quiet private street, annoying thing is her parents must be funding the rent in addition to her benefits as i'd be very suprised if she got that much off the social...the letting agent has contacted them but are unsure if the letters got to them direct (may have been intercepted).

    I understand the elements are against me, living with it for 10 months really isnt an option, you seriously cannot expect a human being to put up with this. I had 30 minutes sleep last night, calling 999 twice, 101 E health 3 times of which they attended and witnessed twice. I suppose i should be glad that this time wasnt a midweek day as it has been and generally is. Last night i actually lost it at the point they were banging on the wall to annoy us.

    seems daft but i could have resolved this via different methods far easier than this, what would the end result have been?...no idea which is the problem. i fear for the cars but have resigned myself to the fact that sumat will happen.


    its inhumane
    Last edited: Nov 6, 2010
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  6. Ads
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    Ads License to drive

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    [Nov 6, 2010]
    Ah mate, I feel for you, really do. Sounds bad and I wish you luck.

    I fully appreciate how you're feeling and the stress it can cause, been there myself (although not as bad as yours by the sounds of it).

    You're doing the right thing, stay cool and keep it legal.
    I didn't, and earned myself a police caution for giving my neighbour a few slaps. Not worth it.
    #5
  7. A3Tom
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    A3Tom Smell my finger.

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    [Nov 6, 2010]
    Tim

    Surely the letting agency can just boot the little tramp out?.

    Has anyone else on the street got an issue with her?.

    T
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  8. 1animal1
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    1animal1 The Clar!! it mouves!!! VCDS Map User

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    [Nov 7, 2010]
    cheers aythree....to be fair i've squared up to them a few times even though i have been outnumbered, getting back in the house all we heard was 'im gonna knock him out'...not seen anyone yet though and in fairness, the numbers are much more increased now, ie average 10 at any one time mostly lads on steroids/EE's/The green stuff etc

    Tom, the letting agent only puts in place a contract to protect the landlord, he pays a solicitor to action it, he says he cant afford it so i thought id make the first step in paying for the section 8, im past caring for £100-£150 which it will cost me...police cant do anything cos its not out on the street, although we apparently are priority in the area with the police and E health due to the sheer amount of times i've called 101. Police called me yesterday after i made two 999 calls the previous night and the fella suggested i was being over cautious, i explained in no uncertain words that i had been too cautious previously and that the situation was escalating so he should expect many more if it continues - i aint daft, im not gonna call if it isnt something worthy, but everything i have been holding back on previously will now be reported - idea being that every department will want this case resolved as much as i do, they are going to feel my pain :)

    saying that, the abatement notice got issued on Saturday morning, last night i had a bit of shouting at 9.30pm which i called 101 for, it then died down about an hour later, E health guys called and they were already here so had to turn them away....looks like they maybe getting keen to sort this, wonder if the silly bitch next door has learnt her lesson, id bet against it from previous experience....we shall see
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  9. 1animal1
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    1animal1 The Clar!! it mouves!!! VCDS Map User

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    [Nov 7, 2010]
    ironic thing is i am planning a potential purchase of another house on my street as a buy to let :)
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  10. voorhees
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    voorhees Moderator Staff Member Moderator

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    [Nov 7, 2010]
    Been there done that,not a nice situation to deal with but hope its sorted soon Tim
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  11. 1animal1
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    1animal1 The Clar!! it mouves!!! VCDS Map User

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    [Nov 7, 2010]
    cheers Jase.........
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  12. NHN
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    NHN Retrofitter - Audi - VW - Skoda - Seat Site Sponsor VCDS Map User

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    [Nov 7, 2010]
    Solution - Buy the property next door :p
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  13. 1animal1
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    1animal1 The Clar!! it mouves!!! VCDS Map User

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    [Nov 7, 2010]
    i would but the poor kid who owns it paid 30k more than what it is currently worth :)

    plus if the section 8 doesn't do it then i would suspect that she'll stop paying the rent and instead spend the money the social send her, leaving him with the court bills to evict her - which he claims he hasn't got - i need to confirm but if she can indeed get legal aid for this then she has nothing to lose
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  14. Dane
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    Dane Faster than a V12 Q7

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    [Nov 7, 2010]
    I work for a Managing Agent / letting agent Tim. And whilst I'm no expert we some times have to deal with this sort of thing. The agreement that the tenant has signed is probably an assured short hold tenancy agreement, which will say something along the lines of 'not to use the demised premises for any unlawful or antisocial purpose' something that is clearly being ignored and therefore the tenant is in direct violation of this legal contract. Any letting agent worth their salt will recognise the problems the tenant, that they have found, is causing and should be trying to help you with the situation I know we certainly would.

    The tenant will have no doubt paid a deposit when first taking residence this may be able to be used to fund the section 8 notice. To carry on receiving housing benefit she must also show that she has not done anything to put herself in a position where she could get kicked out or she could face the withdrawal of this benefit.

    And the landlord is in the frame as well, he owns the property, if he had any sense he'd take it on the chin and get the problem tenant out of there before legal action is taken against him.

    It might also be worth asking whether any references were taken out on the problem tenant, whilst this may not help you now, if the letting agents didn't take out references they have done a poor job. Talk to the letting agents about this and if they haven't it may be worth going down the lines of 'you haven't taken references/ you ignored the advice given in the references??? I'm sure you're client will be very interested to find out what a **** job you've been doing, would be a shame for you to loose his business' and see if they start jumping through hoops.

    Again just some ideas I'm no expert.
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  15. 1animal1
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    1animal1 The Clar!! it mouves!!! VCDS Map User

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    [Nov 7, 2010]
    Dane much appreciated mate, it is indeed a short term contract - the tennent has no previous history and so they used her mother as a reference, the mother also paid the deposit - can you check the info you have given above as some of it sounds very appealing and if correct, will give me yet another government department to contact.
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  16. 1animal1
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    1animal1 The Clar!! it mouves!!! VCDS Map User

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    [Nov 7, 2010]
    if you can find out what you gouys would do too....the agents say that they cant do anything other than the warning letters and contacting the mother,rest is apparently the landlords responsibility
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  17. Dane
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    Dane Faster than a V12 Q7

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    [Nov 7, 2010]
    They used her mother as a reference, I imagine that was probably the best reference ever given.

    I mentioned the benefit, as we have a very agreeable lovely tenant, on housing benefit who wanted to move to a bigger property, she found the perfect one but was still under contract with us, we said not a problem we'll serve notice on you and you can move out in a month. Turns out we couldn't do that because from the factual point of view we will have kicked her out, i.e. she will have acted in a way that resulted in her being removed from a property and housing benefit would no longer support her. But housing benefit is a killer, we no longer accept tenants on housing benefit not because were a bunch of snobs but because they are so difficult to deal with.

    I'm not entirely sure they have a foot to stand on with regards to contesting the Section 8 notice (I didnt think you could even contest it) due to what seems to be an overwhelming amount of communication between yourself and the Police EH etc. A conviction of some sort against the tenant would go a long way to helping.
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  18. jojo
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    jojo S3 Drift King! Staff Member Moderator

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    [Nov 7, 2010]
    I'm not sure if this applies in your situation Tim, but my mate has a flat that is let out to single mothers via the council. The last tennants was troublesome after only a month and he just called the council up, and they was removed within 7 days and replaced with another single mother a few weeks later.

    Obviously my mate is dealing directly with the council, and different areas operate differently.
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  19. 1animal1
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    1animal1 The Clar!! it mouves!!! VCDS Map User

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    [Nov 7, 2010]
    sorry Dane, i wrote that whilst multi tasking :) meant they used the mother as a guarantor rather than reference. This is the section 8 price list from a random online solicitor Landlord Advice Section 8 section 21 notices Grounds 8 10 11 Landlord Advice apparently they can contest certain fractions, i need to ascertain from someone what they cant contest if that is the case. The landlord says that allhe has is a contract with a price list on the back for their recommended solicitor costs.....

    joe i'm gonna check with the letting agent and call our free solicitors through work after what you and Dane have suggested, it could well be that the social paying her rent are completely unaware of all the goings on. As you say the regional councils may act differently but its yet another avenue to pursue.
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  20. A3Tom
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    A3Tom Smell my finger.

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    [Nov 7, 2010]
    I'd go round and punch her in the c*nt mate. I had a noisy neighbour (to the back) and it wasnt on the same scale as yours but at 4am in the morning when Im being kept awake I could see myself doing time to get someone to shut up :(

    Fingers crossed its sorted out soon mate. And ignore what the Police said, every call generates a 'log' which is kept on the system. Its all evidence and it will show every time you have called, when you have called and why :)

    T
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  21. 1animal1
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    1animal1 The Clar!! it mouves!!! VCDS Map User

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    [Nov 9, 2010]
    Cheers Tom, i had gathered that as the local police keep contacting me offering to come around to the house - i keep saying, feel free if you feel it will be of benefit but cant see what the point would be, after the horse has bolted.

    things seem to have escalated since however, as they cant effectively make a noise anymore, i let the dogs out back yesterday to find a whole punnet of red grapes individually thrown onto my grassed area (quite large) - obviously they are trying to poison my dogs which sent me livid!!! picked them all up and threw them at their windows, really wanted to go and sort this new bf of hers out...but knew id screw myself in the long run so just shouted **** whilst throwing including the fact that i was going to do a refernce for her ex who is trying to get custody of her child....previously i had been approached but didnt want to take it to that level....past caring now

    no child no social rent and no need for a three bed....... bye bye!!
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  22. 1animal1
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    1animal1 The Clar!! it mouves!!! VCDS Map User

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    [Nov 9, 2010]
    for those of you that dont know, grapes are supposed to cause renal failure in dogs, although i know of some dogs that have been fed them all their life.....point being i can see what tyhey were trying to acheive
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  23. Ads
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    Ads License to drive

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    [Nov 9, 2010]
    Mate, have you tried looking on this site for info/advice on problem neighbours. LINK

    There's a lot of useful stuff on the site, and the forum is pretty good for learning about other's experiences and what they have done/are doing. FORUM LINK
    #22
  24. crazy88
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    crazy88 Loving the anonymity

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    [Nov 9, 2010]
    We moved into our new house in July, and on the first friday the slapper next door decided to leave her 19 yr old son to have a party until 8am. My daughter woke about 6 times through the night, and I was so mad. We contacted the land lady and turns out she was in the process of trying to evict her, so we just hung on in there and endured many more parties. It seems yours is worse than ours mate, but I do feel for you having experienced it a little myself only a few months ago.

    Happy to say she was evicted about a month ago, and we have some new neighbours, much nicer! I honestly think there aren't many worse feelings than crappy neighbours, and especially those who sponge off the state in such a way.

    Glad you sorted the grapes too, I had no idea they were bad for dogs, but that's a nasty trick indeed.
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  25. unkle
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    unkle Beer God

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    [Nov 9, 2010]
    Ring Crimestoppers say shes on the game, then ring them again and say shes dealing.

    With any luck she will get raided at least once, no doubt there will be something on the premises as daytime tv is far too boring.

    You might even get a reward! :)
    #24
  26. 1animal1
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    1animal1 The Clar!! it mouves!!! VCDS Map User

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    [Nov 9, 2010]
    it has been mentioned to the police who also recognise the new boyfriends name who seems to spend most of his time there, on bail with curfew for TWOK no less!! (dont ask my source ;) ).....good thing is i now have his proper address too which makes me feel a little more comfortable, just need to find her parents now as a back up which i will drop in if i confront them again kind of as an indirect threat. Nothing worse than an enemy that knows too much about you when you know **** all about them
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  27. beanoir
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    beanoir Sharpest Tongue in the West

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    [Nov 9, 2010]
    Tim, I really hope you get this sorted out mate. For one I can't stand people abusing the benefits system (I've grassed on one myself in the past) and two, I'd be livid if I were in your situation and it must be so difficult to try and resolve.

    Keep plugging away and i'm sure you'll get it sorted soon.
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  28. supanova
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    supanova A3 2.0 TDI SE

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    [Nov 9, 2010]
    unkle I like your style! :D

    I hate wee F**kin Chavs around my area. so so annoying always trying to square up to you and start fights! little Tw*ts.

    hope you get this problem all cleared up very soon mate and be sure to keep us updated!!
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  29. 1animal1
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    1animal1 The Clar!! it mouves!!! VCDS Map User

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    [Nov 9, 2010]
    cheers chaps....appreciate all ya comments

    it wont be a quick resolve but the evidence is overwhelming at the minute.....
    #28
  30. missviper
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    missviper Member

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    [Nov 15, 2010]
    just hang in there and gather as much evidence as possible.

    Don't let the police fob you off. ignore what they say and keep phoning them it's all **** about them not bein able to do anything unless it's on the street.
    With drugs it's in there interest to collect as much info and raid the place. Pass as much info about them as you can, names nicknames what drugs, car reg numbers etc...... Just don't give in

    How old are these chavs do u think?
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  31. missviper
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    missviper Member

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    [Nov 15, 2010]
    ps. when you call up always ask for a incident/reference number it's your right to have one at least this way you know they have logged it on the system. If they refuse take their name and number and put in a complaint
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  32. CHRIS555
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    CHRIS555 DOPE with added OCD

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    [Nov 15, 2010]
    Hi mate - well, hope your well?!

    I don't want to get too involved but I actually own my own Property Management company and I know the William H Brown / Sequence group fairly well - well enough to tell you that they are a bunch of corperate muppets (and I'm not referring to your avatar pic!)

    What have they done so far? If they are getting complaints, consistantly from neighbours THEY MUST ACT ON THIS regardless of whether they are managing the property or not. If you approach the Land Registry there is a high chance you can obtain the Landlords name and address too.

    I've not read all the thread so forgive me if I'm covering old ground.

    If you need any notices (and/or wordings) I'll be happy to pop something over to you with pleasure.
    #31
  33. colicabcadam
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    colicabcadam Guest

    [Nov 15, 2010]
    realistically you need one of these.....

    a smith & wesson 500 (largest production hand gun in the world lol)

    [​IMG]

    or maybe one of these

    [​IMG]

    on a serious note, i feel for you, i would have lost my temper a long time ago
    #32
  34. Welly
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    Welly VX220 SC Driver :)

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    [Nov 15, 2010]
    No, no, no....

    Use one of these from long range.....

    [​IMG]
    #33

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