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Neighbour from hell supported by land'lord' from hades

PostPosted: Wed Jun 22, 2011 11:00 pm
by DaftAida
The RSL land'lord' from whom the upstairs flat and I rent has consistently broken their own rules and reg's, the tenancy agreement etc in not effectively addressing a myriad of ASB's spanning 5.8yrs from said neighbour who is shielded by the Mental Health 'Act' and act, she certainly does. They have failed to address the insulation, bizarre and disruptive behaviours, character assassination (incl. racism - I'm white) stalking, theft and actual assault. I am a mediator and have gone through their hoop of mediation in 2008 and of course, it failed. I had been working on them to do the common sense step of issuing an Acceptable Behaviour Contract and had provided a draft Notice which said landlord was to witness, sign and hand deliver to her; they refused. They have also colluded in an attempt to entrap and given false information to police regards the investigation into the last assault. This resulted in police dropping investigation.

Rather than the ABC, landlords are moving her (they haven't told me this) in the hope that this erases the years of sleep deprivation and preventing me from work or life (it's been like a prison with a sadistic warder). My difficulty at this stage of issuing an Affidavit is:-

The abuser is going to move within days and I will not be able to issue an Affidavit against her as I will no longer have her address. It would be a waste of time anyway as she is medicated and VERY heavily supported by la system. The next tenant to move in could follow exactly the same trend (i.e. medicated, sociopathic) with the same contempt from landlord. It's slow suicide here; without sleep everything else is screwed. I've got all the supportive evidence in line.

My confusion in issuing the Affidavit against said landlord is thus:-

Each individual employee has broken with the Tenancy Agreement, policy and procedure of landlord to date; my gut tells me to incorporate an Affidavit against each individual within the 'canopy' of the Affidavit against that which they represent, the landlord. Lies, obfuscation, deceit, false allegations, collusion and support of criminal behaviours and perverting the course of justice.

When I get my head around this body of work and evidence and issue said Affidavit(s?): can a corporation issue a lawfully valid rebuttal in the form of an Affidavit in response?

If they can; what next?

If they don't bother, what next?

I shall demand compensation in the form of illusory money as the only viable means of breaking with them and this cycle of misery. After all, going on six years of lost earnings has to be accountable and paying rent on a property which should provide privacy and sanctuary but has become a prison, also has to be accountable.

Need to see the 'end goal' solution prior to commencing this process. All fields and angles have been explored and covered in the common sense route to justice. As it stands, any judiciary could not fail to find judgement against them but legal aid won't cover advice or take on a case of this nature due to funding cuts, so they think I'm stuffed.

Sorry for the length of this; I'm trying to figure a straight road through spaghetti junction! n.b. this landlord's reputation is shot in evidence on a grander scale elsewhere; branded 'unscrupulous' by Westminster.

Re: Neighbour from hell supported by land'lord' from hades

PostPosted: Thu Jun 23, 2011 5:20 am
by Freeman Stephen
youve got yotr law documents a bit mixed up. for example you cant issue a contract, you agree a contract and it certainly cant be under the duress of the landlord looking over the signatories shoulder. this may be acceptable amongst those accepting current state doctrine but not amongst law abiding people. i dont see what help we can offer you as you describe your situation to be resolved by your neighbour moving. what good do you wish to come from your affadavit?

Re: Neighbour from hell supported by land'lord' from hades

PostPosted: Fri Jun 24, 2011 12:50 am
by helpmehelpyou

I recommend checking this out - , specifically 'Action by the Council' and 'Taking Your Own Action'. Also (although meant for NI, still the same thing more or less)

We had some noisy builders next door for ages, I did a bit of research, there are different 'Acts' if you want to play their Legal game, which you can claim the Landlord is in breach of. I can't remember 100%, but one of them, possibly even the EPA1990, should be in your favour if you are caused Distress / Harm as a result. Mental or physical.

Good luck.

Re: Neighbour from hell supported by land'lord' from hades

PostPosted: Tue Jun 28, 2011 5:27 pm
by DaftAida
Thanks for responding but this is irrelevant to case; landlord has since moved culprit but are non-the-less culpable. Will check out the link but wish I'd had access in 2001/2002 when builders from hell next door were causing a riotious assembley!

Re: Neighbour from hell supported by land'lord' from hades

PostPosted: Tue Jun 28, 2011 5:32 pm
by DaftAida
Freeman Stephen, the contract was to be issued BY the landlord TO the neighbour from hell; rather than issue this, they moved her within a week. I thought it was clear that I want to acheive recompense for 6 years of lost earnings, recompense for a tenancy agreement upheld only by myself; landlord has not met terms of agreement and therefore, there cannot be an agreement. If there is no Tenancy Agreement then I figure, that there can be no grounds for charging me rent so I could reclaim a refund on rent paid. These aside from psychological damage, sleep deprivation and distress.

Re: Neighbour from hell supported by land'lord' from hades

PostPosted: Tue Jun 28, 2011 5:36 pm
by DaftAida
The other reason for my wanting to issue an Affidavit is that it appears to be the only means by which to clear the currently held and false records pertaining to ASB complaints procedure which was not followed. It is the only means by which to set the records straight, as landlord has provided police with false and prejudicial information, colluded in an attempt at entrapment and made false unsubstantiated allegations against me.