daviebee Posted August 1, 2017 Share Posted August 1, 2017 I got asked this cos I used to be on a residents' committee. However, as we just kept the grass tidy and put the fences back up when the wind blew them doon I've no idea what the best advice is. Basically some guy is running a business from home near where my cousin lives even though the property title deeds say you can't do that. This guy is also a tenant and not the owner. The biz is apparently some kind of courier thing where vans are turning up, parking in folks' spots and packaging is getting left lying around. Neighbours have tried talking to him but he tells them to fk off and seemingly the landlord is even more of a bell-end! My thinking is that the folk should go to the council but there's the usual "don't want to get involved" routine. If title deeds say you can't do something then who actually enforces that and ultimately who does it come back on - tenant or landlord? Found out recently that mine say I can't build a greenhouse but I've had one for donkeys so does anyone really care? Quote Link to comment Share on other sites More sharing options...
Stu101 Posted August 1, 2017 Share Posted August 1, 2017 10 minutes ago, daviebee said: I got asked this cos I used to be on a residents' committee. However, as we just kept the grass tidy and put the fences back up when the wind blew them doon I've no idea what the best advice is. Basically some guy is running a business from home near where my cousin lives even though the property title deeds say you can't do that. This guy is also a tenant and not the owner. The biz is apparently some kind of courier thing where vans are turning up, parking in folks' spots and packaging is getting left lying around. Neighbours have tried talking to him but he tells them to fk off and seemingly the landlord is even more of a bell-end! My thinking is that the folk should go to the council but there's the usual "don't want to get involved" routine. If title deeds say you can't do something then who actually enforces that and ultimately who does it come back on - tenant or landlord? Found out recently that mine say I can't build a greenhouse but I've had one for donkeys so does anyone really care? Is where he lives a modern development? If so I would expect the title conditions to be set out in deed of conditions. That deed will specify who has the right to enforce- normally people rest if the development (technically, you need to have whats known as 'title' and 'interest'). The right would be against the Landlord, as he is the title holder. Is the development factored? If so, you can usually get them to do the dirty work. If not, then your cousin is going to have to ether (i) write to Landlord, or (ii) get a solicitor to do it- pointing out the breach- but also saying that it causing your cousin some kind of loss. Amenity of parking and loss in the value of property are good ones (if true, obviously) if the rights are based on older title deeds - then it can be trickier to work out if these are still enforceable. Quote Link to comment Share on other sites More sharing options...
daviebee Posted August 1, 2017 Author Share Posted August 1, 2017 3 minutes ago, Stu101 said: Is where he lives a modern development? If so I would expect the title conditions to be set out in deed of conditions. That deed will specify who has the right to enforce- normally people rest if the development (technically, you need to have whats known as 'title' and 'interest'). The right would be against the Landlord, as he is the title holder. Is the development factored? If so, you can usually get them to do the dirty work. If not, then your cousin is going to have to ether (i) write to Landlord, or (ii) get a solicitor to do it- pointing out the breach- but also saying that it causing your cousin some kind of loss. Amenity of parking and loss in the value of property are good ones (if true, obviously) if the rights are based on older title deeds - then it can be trickier to work out if these are still enforceable. Cheers for that. Their estate was built in the 80's and they self factor like we do and do all the upkeep themselves. I know they got offered mediation by the council before but the guy refused to go! I would've thought the council would take an interest in a biz being run from the property but I don't really know. Looking at title deeds I get as far as heretofore and thereafter and I tend to glaze over! I'd imagine engaging a solicitor would be expensive and could foresee problems with other residents being expected to contribute to this for what appears to be a very localised dispute (if the other residents are anything like mine used to be!). Quote Link to comment Share on other sites More sharing options...
thplinth Posted August 1, 2017 Share Posted August 1, 2017 Call the planning permission folk at the council and tell them what is going on. Someone reported me to them once and I can testify they are very annoying dicks. I am thinking they will not like this guy very much given all the shit he is up to. Same with the landlord. He should be registered with the local council, maybe he is not. They are treating you like khunts so you have to a bit khunty yourselves. Or get walked over... Quote Link to comment Share on other sites More sharing options...
Stu101 Posted August 1, 2017 Share Posted August 1, 2017 1 hour ago, daviebee said: Cheers for that. Their estate was built in the 80's and they self factor like we do and do all the upkeep themselves. I know they got offered mediation by the council before but the guy refused to go! I would've thought the council would take an interest in a biz being run from the property but I don't really know. Looking at title deeds I get as far as heretofore and thereafter and I tend to glaze over! I'd imagine engaging a solicitor would be expensive and could foresee problems with other residents being expected to contribute to this for what appears to be a very localised dispute (if the other residents are anything like mine used to be!). Where abouts is he based? Strathclyde Uni do a free service where they get the students to do the legal work, supervised by the professors. This might be right up there street - as it does appear like a text book question. Some other Uni's do to. Quote Link to comment Share on other sites More sharing options...
Stu101 Posted August 1, 2017 Share Posted August 1, 2017 57 minutes ago, thplinth said: Call the planning permission folk at the council and tell them what is going on. Someone reported me to them once and I can testify they are very annoying dicks. I am thinking they will not like this guy very much given all the shit he is up to. Same with the landlord. He should be registered with the local council, maybe he is not. They are treating you like khunts so you have to a bit khunty yourselves. Or get walked over... Go point. Get him to check landlord registration. Also check that any tenant deposit is registered. Quote Link to comment Share on other sites More sharing options...
daviebee Posted August 1, 2017 Author Share Posted August 1, 2017 Cheers, folks - some good advice there I'll pass on. They're over in the Lothians so maybe one of the yoonis there do something similar. I know the landlord is definitely registered though - first thing they checked. These resident association things can be a nightmare. Our residents were always at me asking me to sort out noisy neighbours and stuff for them. "FFS I'm only here to keep the grass cut!" They expect you to know all the finer points of Scots law. Quote Link to comment Share on other sites More sharing options...
euan2020 Posted August 1, 2017 Share Posted August 1, 2017 4 minutes ago, daviebee said: Cheers, folks - some good advice there I'll pass on. They're over in the Lothians so maybe one of the yoonis there do something similar. I know the landlord is definitely registered though - first thing they checked. These resident association things can be a nightmare. Our residents were always at me asking me to sort out noisy neighbours and stuff for them. "FFS I'm only here to keep the grass cut!" They expect you to know all the finer points of Scots law. wonder if he declares the income on his tax return - one way to incentivize him to sort his tenant out not sure if below helps http://scotland.shelter.org.uk/get_advice/advice_topics/neighbourhood_issues/antisocial_behaviour/private_landlords_and_antisocial_behaviour/how_private_landlords_should_deal_with_antisocial_behaviour https://www.mygov.scot/home-based-business/before-starting-a-home-based-business/ Quote Link to comment Share on other sites More sharing options...
daviebee Posted August 1, 2017 Author Share Posted August 1, 2017 27 minutes ago, euan2020 said: wonder if he declares the income on his tax return - one way to incentivize him to sort his tenant out not sure if below helps http://scotland.shelter.org.uk/get_advice/advice_topics/neighbourhood_issues/antisocial_behaviour/private_landlords_and_antisocial_behaviour/how_private_landlords_should_deal_with_antisocial_behaviour https://www.mygov.scot/home-based-business/before-starting-a-home-based-business/ Some great info in these links. Many thanks. Quote Link to comment Share on other sites More sharing options...
PapofGlencoe Posted August 2, 2017 Share Posted August 2, 2017 Shop him to the council planning department. He won't be paying rates. Done anonymously. Quote Link to comment Share on other sites More sharing options...
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