Problem neighbours

toexpress

Right I really need some advice because I can't see an end in site to this situation and I am starting to feel physically sick from it.

On the 25th of August 2011 a car pulled up right across my gate, I was in my car directly behind it and indicating. I got out and asked the driver to move it and she put her hand in my face and said in a minute. Obviously this didn't sit well with me and I made her move it there and then. She hurled foul abuse at me (I did return fire which I admit was uncalled for I shouldn't have called her a slag and I did apologise for that) Anyway she sent her boyfriend up to "sort me" he pushed his way into my house and ripped my shirt, he fell like a sack of potatoes when I hit back, he clearly didn't see that one coming. As a result of this their landlord has been trying to evict them.

Anyway this was followed closely by their putting stupid notes through my letter box. Claims that I harass them by making "rude hand gestures" through the window and that I "open the window to laugh at her children through it" her "children" are 16 and 19 and that has never happened. The mother (it's a mother her son and daughter with the regular of the mothers boyfriend thrown into the mix both of whom are alcoholics) has hurled abuse at me as I go to and from the house things like "dirty ******" the latest being on Monday evening last when I sat down here in the afternoon (a very rare afternoon off) she started shouting at me to "turn the **** around" and "mind your own ****ing business". I went into another room and sat in there rather than have a problem.

I discovered before Christmas they were the ones who stole my oil, more than half a tank also before Christmas someone knocked at my door looking for the mother, I said "next door" then shut the door, the result was another stupid note this time stuck to my front door damaging the paintwork. Apparently the taxi woman alleged that I said "the squatters are next door" this never happened. They have a CCTV camera watching me all the time and have told me, in front of the Gardai that they have pictures of me. This evening as I was walking in the daughter 19, started hurling abuse at me I was on the phone at the time with a client, it was all most embarassing.


Worst of all her boyfriend approached me in the village on Tuesday 3rd and threatened to burn my house down. This meant that after some consideration I felt I had to tell my nearest neighbours because they all have young children and I felt I had to alert them. I can't tell you how that feels.

So to recap, home broken into, oil stolen, generally abused and most serious of all a threat to my life and the safety of my property. I have been the Garda, and they are about as much use as a chocolate teapot. It's "being investigated" meanwhile I can't sit down in my living room during daylight hours because it upsets them. I would not feel safe to walk to the nearest shop, which is only 2 minutes walk away, after dark.

I don't know what else to do at this stage, except for work I am a prisoner in my own home. My neighbours no longer call in they just ring me because they don't want her on their case as well and I don't blame them for a moment.

So aside from sitting on the Garda has anyone any suggestions as to how I can bring this situation to it's natural end because I literally can't take much more of this situation.

Graces7

toexpress wrote: »

Right I really need some advice because I can't see an end in site to this situation and I am starting to feel physically sick from it.

On the 25th of August 2011 a car pulled up right across my gate, I was in my car directly behind it and indicating. I got out and asked the driver to move it and she put her hand in my face and said in a minute. Obviously this didn't sit well with me and I made her move it there and then. She hurled foul abuse at me (I did return fire which I admit was uncalled for I shouldn't have called her a slag and I did apologise for that) Anyway she sent her boyfriend up to "sort me" he pushed his way into my house and ripped my shirt, he fell like a sack of potatoes when I hit back, he clearly didn't see that one coming. As a result of this their landlord has been trying to evict them.

Anyway this was followed closely by their putting stupid notes through my letter box. Claims that I harass them by making "rude hand gestures" through the window and that I "open the window to laugh at her children through it" her "children" are 16 and 19 and that has never happened. The mother (it's a mother her son and daughter with the regular of the mothers boyfriend thrown into the mix both of whom are alcoholics) has hurled abuse at me as I go to and from the house things like "dirty ******" the latest being on Monday evening last when I sat down here in the afternoon (a very rare afternoon off) she started shouting at me to "turn the **** around" and "mind your own ****ing business". I went into another room and sat in there rather than have a problem.

I discovered before Christmas they were the ones who stole my oil, more than half a tank also before Christmas someone knocked at my door looking for the mother, I said "next door" then shut the door, the result was another stupid note this time stuck to my front door damaging the paintwork. Apparently the taxi woman alleged that I said "the squatters are next door" this never happened. They have a CCTV camera watching me all the time and have told me, in front of the Gardai that they have pictures of me. This evening as I was walking in the daughter 19, started hurling abuse at me I was on the phone at the time with a client, it was all most embarassing.


Worst of all her boyfriend approached me in the village on Tuesday 3rd and threatened to burn my house down. This meant that after some consideration I felt I had to tell my nearest neighbours because they all have young children and I felt I had to alert them. I can't tell you how that feels.

So to recap, home broken into, oil stolen, generally abused and most serious of all a threat to my life and the safety of my property. I have been the Garda, and they are about as much use as a chocolate teapot. It's "being investigated" meanwhile I can't sit down in my living room during daylight hours because it upsets them. I would not feel safe to walk to the nearest shop, which is only 2 minutes walk away, after dark.

I don't know what else to do at this stage, except for work I am a prisoner in my own home. My neighbours no longer call in they just ring me because they don't want her on their case as well and I don't blame them for a moment.

So aside from sitting on the Garda has anyone any suggestions as to how I can bring this situation to it's natural end because I literally can't take much more of this situation.

My heart goes out to you; if you need to chat, vent etc, pleaase pm us?

We have had and seen this all too often. Guardians of the Peace seems to mean peace at all costs.

Keep pestering and also pull rank; look online and find the name etc of the head honcho. Worked for us at one stage. Go right to the top; they have a complaints procedure; see their web site.

We had a situaion here with an old man up the road re a defunct right of way. Criminal damage, threats etc and the chocolate fireguard was the right term! This went on for over a year and then one day when he had rampaged here, using the drive as his toilet, smashing locks and gates, he threatened to kill the gardai and raised his fists to them. End of aggression.

Please go and see the Citizen's Info; they will give good advice and they also have free legal help which is needed at this stage. They are experts and this will not be the first time, sadly, that this has happened.

And take care of yourself?

toexpress

I have pulled rank already with this. The problem is that the Superintendent in our area retired recently (he was an excellent Super and sadly missed by the citizens but the lazy gits in the barracks are delighted to be rid of him) As a member of a government party I am thinking of pulling serious rank at this stage.

The latest trick is to set off my alarm at 3am. This has happened every night since Monday. When that happens I then have to wait on the monitoring company to ring me.

End of tether situation here now.

toexpress

Right this situation has gotten infinitely worse over night. As soon as I turned out the lights and hit the bed last night I could hear them on my drive, I heard the gravel and then their voices to the right of the house, under my bedroom window basically. I called the Garda, little they can do.

Then at 4.30am my alarm went off again. That's the third time this week. I then had to get up at 6am to be ready for work.

I spent at least an hour yesterday between speaking to my solicitor and the district Chief Superintendent and yet still here I am after another nights NO sleep

Has anyone got any suggestions?

alie

toexpress wrote: »

Right this situation has gotten infinitely worse over night. As soon as I turned out the lights and hit the bed last night I could hear them on my drive, I heard the gravel and then their voices to the right of the house, under my bedroom window basically. I called the Garda, little they can do.

Then at 4.30am my alarm went off again. That's the third time this week. I then had to get up at 6am to be ready for work.

I spent at least an hour yesterday between speaking to my solicitor and the district Chief Superintendent and yet still here I am after another nights NO sleep

Has anyone got any suggestions?

We have had so much trouble with.our neighbours, and like you found the gaurds useless, we kept a diary of events and contacted the council and EPA. They are now on an eviction notice after 5 years. My nerves were shattered, they were drunk, shouting,fighting, walking in the side alley naked and being generally abusive.

mercenary2

well one way is you said they had pics video off you in front of the gaurds ..
it is illegal for them to monitor any public or neighbouring properties as this is a invasion of privacy ,so mention this to your solicitor leting them know it was said in front of the gaurds and take action against it also the notes put through your door is harrasment so keep these and take action for that also ,with a solicitor involved the gaurds have to take action..and investigate the notes and vide ,pics..also if they on your property u can video of them or take pics once you dont delibratly take video of public or neighbours area..

toexpress

I've tried that whole invasion of privacy as have some other neighbours, particularly those with children the Garda wont do anything. Their landlord wrote to them telling them to remove the camera as they had no permission to affix it to his property. They have ignored him. The problem seems to be that the bigger the scum bag the higher above the law they actually are

mercenary2

then get some night vision cams record em if the gaurds ignore it put it on youtube to show everyone what they like..
just dont mention names

toexpress

that's a really good idea mercenary thank you!

Cuddlesworth

Yeah, at this stage putting some good sensor lights and good cameras looking at your property would be the best move. Vandalism and theft would disappear and violent abusive behaviour would have to be kept at a distance. Keep a log of the guards inaction in regards not upholding laws eg:the camera on their property pointing towards yours. Get your solicitor to find the exact laws and make detailed complaints to the Garda ombudsman. Sadly in life, he who shouts loudest gets it done.

windingo

The lights and cameras should act as a deterrent for any future disturbances and you will have the video evidence if they do anything should you want to bring it a step further.

Punchy1969

windingo wrote: »

If they are renting the house, then you need to take a civil case against the landlord. A solicitor will do this for you as the landlord is responsible for his tenants actions re: noise, disturbances etc. he would eventually be forced to evict them or suffer serious fines/imprisonment at the hands of the court. Hope this helps

trihead

I agree with punchy1969 - get your solicitor to send a letter to the landlord who owns the house next door outlining the issues and possible civil case action.

gurramok

Ok, as suggested get that video evidence(discreet) of any unlawful activity and send it straight to the council or management company(for unsocial behaviour) and the gardai for obvious reasons, all accompanied by a serious solicitors letter. Oh, send it to your local politician as well as a political rep has that power to make a representation on your behalf to officialdom.

Oh and the neighbours are cowards. Thats a general observation in these cases. If you had the ability to move, the perpetrators would move onto another neighbour. Safety in numbers would help your legal case.

toexpress

I have already sent solicitors letters to the Landlord he just ignores them. He is a coward and afraid of his tenant and their cohorts. I think the best I can hope for is that they do something serious and that this comes to a head in that way

Punchy1969

toexpress wrote: »

The solicitor's letters are useless. You need to start court proceedings. You have to take him into court in order for the judge to make an order which he must obey, ie control his tennant. If he does't do this he is then in breach of the court order and can be prosecuted. I can tell you will evict them at that stage. Be strong and go for it otherwise your life will be miserable along with your health.

toexpress

Right well this situation has gone down hill even more.

I got a call this afternoon from the local Garda. She wanted to update me and she told me that she had received a complaint from the daughter of the tenant stating that I called her a "sad slut" and that I regularly go to my window to make "rude hand gestures" to her.

I read the riot act to the Garda and detailed everything that has happened from day one with them. I had a raging row with the Sergeant who is pissed off because I pulled rank on him and went to his Chief Superintendent to speak to him about the ever deteriorating situation.

I pointed out to the Garda that while this latest incident never happened even if it had it was alleged to have taken place on my property therefore what I say to someone on my property is my business. There is no crime in it. But that such conduct is not my style.

I really am in bits here over this at this stage

Punchy1969

toexpress wrote: »

Anyone can make a complaint to the Guards. The Guards have to act on it regardless. The Guards act for the law and are not the law. You need all of the dates and times of when they are a nuisance and give this as evidence in court. Allegations from them to the guards mean very little. Have your day in court. Witnesses and evidence will prove your case.

bath handle

O/p have you thought about getting in a mediator? it is no wonder your neighbours are behaving as they are. You are obviously provoking them.

El Weirdo

In my experience, in the vast majority of these neighbour disputes, there is two sides to the story.

And now you've pissed off Plod by having a blazing row with one of them. Well done.

Bluetonic

toexpress wrote: »

what I say to someone on my property is my business. There is no crime in it.

Incorrect.

Pin_Cushion

There's some merit in the phrase "no smoke without fire". These people are certainly making a lot of untrue allegations and engaging in a lot of unprovoked aggression if you're to be believed.

rcdk1

Punchy1969 wrote: »

The solicitor's letters are useless. You need to start court proceedings. You have to take him into court in order for the judge to make an order which he must obey, ie control his tennant. If he does't do this he is then in breach of the court order and can be prosecuted. I can tell you will evict them at that stage. Be strong and go for it otherwise your life will be miserable along with your health.

You're correct to say that a landlord can be made to enforce his tenant's obligations (see sections 15, 16 & 17 of the Residential Tenancies Act, 2004) but it is the Private Residential Tenancies Board that deals with such matters, not the courts. I'm surprised the OP's solicitor didn't mention/know this.

Have a look at this document on Third Party Disputes.

Having said all that, the PRTB are dog slow. If memory serves, it took nearly 3 years to process a deposit dispute a friend of mine was involved in. Perhaps a case involving antisocial behaviour would get more priority.

toexpress

The PRTB has jurisdiction between the landlord and the tenant and the landlord can make a complaint to the PRTB about his tenant but I cannot. I can however take a court proceeding against the landlord to enforce him to do something. Landlords, in the case of anti-social behaviour can be held criminally accountable as well. That said I have never heard of it happening, the first I became aware of it was when a friend of mine discovered some of her tenants where running a brothel from her house.

Having looked at that part about third party disputes I see what you mean but I still think going into court is the way to go myself. This was a course that I had hoped to avoid because the man owns the house and I didn't want to have that sort of situation with an owner of a neighbouring property

mathepac

toexpress wrote: »

... Having looked at that part about third party disputes I see what you mean but I still think going into court is the way to go myself. ...

Please read sections 16 & 17 reproduced in the 3rd party disputes document linked to above.

toexpress

mathepac wrote: »

Please read sections 16 & 17 reproduced in the 3rd party disputes document linked to above.

Yes but I have already been to the PRTB, albeit with the landlord to give evidence on his behalf in the matter. They ruled against the tenant, tenant then appealed it which gave them a stay of execution that's why I feel that court is the way to go

(Should possibly have made that clear before now)

ieoinu

toexpress wrote: »

Right well this situation has gone down hill even more.

I got a call this afternoon from the local Garda. She wanted to update me and she told me that she had received a complaint from the daughter of the tenant stating that I called her a "sad slut" and that I regularly go to my window to make "rude hand gestures" to her.

I read the riot act to the Garda and detailed everything that has happened from day one with them. I had a raging row with the Sergeant who is pissed off because I pulled rank on him and went to his Chief Superintendent to speak to him about the ever deteriorating situation.

I pointed out to the Garda that while this latest incident never happened even if it had it was alleged to have taken place on my property therefore what I say to someone on my property is my business. There is no crime in it. But that such conduct is not my style.

I really am in bits here over this at this stage

Having a neighbour like that is hell and my heart goes out to you. But...... With regards to law, there is little or nothing that can be done. There is no need to go 'reading the riot act, 'having a raging row' or 'pulling rank' on the Gardaí as you put it. Where you are obviously frustrated, venting on those you expect to help is counterproductive. Going by your posts you are no shrinking violet yourself and are of strong character so hold back a bit before things escalate and you end up in court yourself.

The law in relation to neighbourly disputes is tenuous, vague and borders between civil and criminal.

Loud parties/noise etc is civil; Gardaí try and assist by requesting the parties keep it down but have no powers to enforce.

Abusive behaviour; Depending on nature but if it happens in a public place it is an offence, however if it is not witnessed by a Garda you would have to give evidence in Court as to the nature of it. (normally what happens here is that you make a statement, then they make a statement with a counter allegation, ye both go to Court and are both bound to the peace as its a case of he said she said. It looks like this is what is going on presently in your case.) Telling the Garda what you say in your house is your business, may be true but it also applies to your neighbours as they have the same rights, undeservedly maybe, but the same rights in the eyes of the law.

Stolen oil- this is a criminal act and is a matter for the Gardaí. However your suspicion without any real proof will not sustain a prosecution.

Your neighbour coming into your house- is an offence and a matter for the Gardaí. Forcibly removing a tresspasser/invader of your home especially in the face of an assault would not result in you being prosecuted.

CCTV- Camera pointed into your property, this is not a criminal offence it is civil. Not a matter for the Gardaí and the 'advice' you got earlier about ombudsman etc enjoy running with that one, and whoever gave you the advice would want to stop spouting rubbish.

The Garadí can be a frustrated at you as they are confined in their actiosn by teh powers they have. They are familiar with the way these things pan out and invariably it ends with the tenants being moved as their is little tangible criminal evidence against them.

My advice is to play them at their own game. Record their behaviour, whether a note of comments, cctv, witness and make a record of the date and time. Stop engaging with them, i.e. as you said what you say in your house is your business- say nothing (I have no doubt you've returned fire from you house, it'd be impossible not to) as you are only complicating things. Keep the pressure on the landlord as he is perfectly within his rights to evict for persistent anti-social behaviour. Stop venting on the Gardaí, it is not their fault and short of setting up shop outside your house there is limited actions that they can undertake and none of them have immediate results.

Your neighbour's sound like a drain on society and everybody knows the likes of them. I hope you get a speedy result to this and remember you are not alone in your situation, even Gardaí can have the same problems and difficulty in sorting them.

Bullseye1

I had a similar issue. I got the landlords phone number both house and mobile and rang him every time problems kicked off. If i wasnt getting any sleep neither would he. Eventually he evicted them when they were stupid enough to call down to his own house causing criminal damage. He was up the next morning with a bunch of heavies to throw them out.

Kosseegan

toexpress wrote: »

Yes but I have already been to the PRTB, albeit with the landlord to give evidence on his behalf in the matter. They ruled against the tenant, tenant then appealed it which gave them a stay of execution that's why I feel that court is the way to go

(Should possibly have made that clear before now)

So you have been writing to the landlord and he never does anything and now it turns out that he served an eviction notice on his tenants and went to the PRTB and got an order. On top of all that you think you can hold him criminally liable? This is after taking to your solicitor and the Chief Superintendant?

toexpress

Kosseegan wrote: »

So you have been writing to the landlord and he never does anything and now it turns out that he served an eviction notice on his tenants and went to the PRTB and got an order. On top of all that you think you can hold him criminally liable? This is after taking to your solicitor and the Chief Superintendant?

I have been in communication with their Landlord yes, He has gotten an eviction order, but they have appealed it therefore the order is under a stay as it were. And yes, I can have him held criminally accountable for the actions of his tenants, I am not saying I would but I will lodge the complaint so that it goes to his case for getting them out at the tribunal at the very least.

Aside from that I have had costs here as a result of these people. I do feel he should make some gesture in respect of these costs and as he hasn't done so as yet I can always get some of the money out of him through another means if needs be.

Borderfox

It is a really bad situation but as you have found out the law takes time (a lot) to work and without an impartial witness between two people the ones with the most voices tend to over rule everything else. As said above get your own cctv and document everything that happens, the only way out of this situation is with patience (I know thats hard)

I have tried to evict a tenant under the antisocial part of the 2004 act and its very hard to do so sometimes the landlord's hands are tied.

I know its aimed at the UK but you might find some structure here http://www.nfh.org.uk/resources/Articles/hints/index.php