Property Managers, Landlords and Tenants; how are you all doing in lockdown? Niggly neighbours or harmonious homes?
The property legal team at LMP Law are equally on lockdown; living and working amongst their respective neighbours. Here are a few tips from Laura and the team at LMP about how to get along with neighbours in these “different” times!
The UK is either working together as a collective; or angry and frightened pushing against the grind; which in turn causes its own problems. Different geographical and demographical aspects have a huge impact on living in lockdown. Whether you are a landlord with a tenant/s who’s causing havoc (either for you or the neighbours), or a managing agent struggling to ensure all the essential maintenance is carried out, there has never been a time in our generation when the rules and regulations seem to either be on hold or for ever changing. Lack of control and uncertainty often brings tensions to the forefront.
When it comes to properties and homes, the management still continues, the leases are still contracts not to be breached, insurers are beavering away ensuring they are in constant communications with their underwriters and lawyers are making sure that contracts are secure, arrears are recovered and disputes are settled.
Let’s start with property insurance:
Insurance
Still essential workers of course, and it’s worth checking with your insurer if there is anything you are covered or not covered for in these unprecedented times. Major works, contractor issues; the work is still churning.
It’s all in the small print, however, as lawyers we understand that polices and agreements need to be set out in a clear and transparent way but without bombarding at the same time. It might be a good time to really go through your clauses and policies to think about future works- so give your insurer a call. They’ll be trying to ignore their noisy neighbours and speak to you whilst wearing their pjs….now there’s a thought.
Tribunals
Tribunals are still taking place of course- the law and disputes don’t stop. If you’re wondering how we are all communicating- Zoom mainly and the Practice Direction Property Chamber looking after First-tier Tribunal Lodging Applications are being lodged by email with all correspondence and case management documentation (for current and new applications) is being lodged with the Tribunal by email. New practice areas are being suspended until further updates. Everyone is having to work new systems and work in their areas of “peace” when in reality most of us are in flats or homes with neighbours with them 24/7….hence the article!
Neighbours in Lockdown
When it comes to financial obligations, services charge arrears can be a worry for many at this moment in time. Are you in touch with all your tenants or RMC to filter the open questions? Are you a tenant that is struggling and needs an open chat? As long as there is transparent communication in a two-way conversation mode, with evidence being reported consistently there can always be some form of resolution.
Neighbour disputes have always been an issue of course, but going through an unprecedented crisis such as this can add to an already contentious argument- leading to greater stress and financial loss which is why we’d say read on a little to see if there are any tips you can take away to resolve issues at this current time (and in general!).
Let’s start by taking a famous case and explaining what some issues arising from neighbour disputes can be about:
Tate Modern Neighbour Dispute
That was a big one wasn’t it? Here’s an update of the spectacular dispute, which can be read here . It’s been a monumentally expensive case, which has brought up so many different aspects in law, especially when it comes to Tort of Nuisance. Who doesn’t love a nuisance neighbour? Apologies, British sarcasm is taking over our self-isolation article writing… Anyway, back to nuisance neighbours- what can be done? When it comes to the Tate Modern’s new stunning viewing platform, essentially viewing into the homes of luxury flat owners, the Master of the Rolls, Sir Terence Etherton, said:
“The court has dismissed the appeal on the basis that overlooking does not fall within the tort of nuisance.”
Although the claimants felt like their privacy had been invaded, the law concluded, with careful consideration, research, precedent reviews and best laid arguments, that Tate Modern was ok to carry on.
Tort of Nuisance and Neighbour Dispute – what does this mean?
To begin with, the law of Tort is a collection of civil wrongs – so when talking about neighbours, it governs questions around whether the person bringing a claim can sue the neighbour for compensation, owing to their actions which can cause offence, annoyance, trouble or injury.
The team at LMP Law understand everything related to leasehold law which is why speaking to them at the offset of any lease, major works, new RMC or contract often saves huge financial savings, mitigates against losses and offers stress free solutions.
LMP Law Tips on Resolving Neighbour Disputes
These are good tips at the best of times, but in a health and financial crisis these might feel more affective right now. When a crisis strikes, we can all experience a rush of adrenaline as we try to take stock of what is happening. Therefore, before you leap into action or make any knee-jerk decisions, give yourself time to gather your thoughts and to take an objective look at your situation. Take a deep breath before you take on a neighbour. Start with:
Informal Chat
Up and down the country we are seeing neighbourhoods coming out every Thursday evening at 8pm to Clap for Carers and the NHS. This is so heart-warming, however, not every block or street will have totally harmony. So if there are niggly problems or you’ve already been in a heated argument or have gone to the council and bypassed actually speaking to the source of the problem, now is actually a really good time to seek a resolution.
- Start with a normal chat, don’t bring up the problem straight away- maybe use the Thursday evening clap as an excuse to be friendly….
- When conversation blends into the problem or dispute in question, calmly explain what it is that is affecting you
- Is there a solution that would suit both neighbours?
Keep Calm and Remain Objective
In a situation where there is a dispute (it could be noise, barking dogs, trees, party walls grievance), we’d recommend always remaining calm and polite (take those deep breaths we mentioned above).
If anyone has been on a CBT (cognitive behavioural therapy) course, or indeed, if anyone has received it, the thoughts we have don’t always reflect the assumptions we have made of the other party. It’s rarely personal; it’s normally a point of perception or one’s inability to see it from another angle.
Has the annoying neighbour got money worries? Are they having trouble sleeping? Have you noticed that isolation is changing them for the worse? Or highlighting how bad things were in the first place?
Try not to raise your voice, swear or use emotional language – it will only rile you and give them ammunition against you should it go to litigation. Try to understand the situation from the other party’s perspective.
Solving With Creativity
Make a list of possible solutions that will benefit both of you. Is the Leylandii something that is no longer a privacy hedge but one that has become a scourge of the boundary? If the barking dog is a problem, can it be walked more or let inside at night? If there is constant partying going on, can there be a compromise with timings and days?
None of us are perfect, so working on solutions is a great way to compromise and dilute tricky situations.
LMP Law are happy to chat if there are considerable issues already at play either for you as a landlord or management agent being put in a tricky situation, as an RMC that has one rogue tenant refusing to play ball, or a tenant that is really struggling and needs legal advice.
Evidence It
Keep a record of everything your neighbour does that is causing problems. Keep dates and times and, if necessary, video or take photos. Evidence and timelines are useful not only for your own sanity, but of course for future necessity should a formal complaint have to arise.
Conclusion
Sometimes disputes simply cannot be resolved, even if both parties try to resolve it alone. Law is put in place to protect against such things, and having a trusted lawyer on your side through a process such as this can take the fear, stress and uncertainty away.
That said, this article is about how many positive takeaways there are when it comes to being able to resolve neighbour disputes without taking legal action. Let’s look forward to brighter days and work towards better communication.
In the meantime, why not follow LMP on Twitter to see how they are coping with their remote working surroundings!!!
Laura Severn is a Director at LMP Law, specialist lawyers with a keen focus on the property management industry, with over 20 years combined experience in property law.
