The Term 'Neighbours From Hell' Includes Commercial Landlords and Businesses, Avoid Being One
Neighbours from hell, we all pray we don't get stuck living next door to them. In most cases we're talking about our family home, but the sentiment extends to commercial property as well. Those who own commercial property would do well to remember that national and local laws are in place to stop commercial premises and the businesses they house are there to halt the impact of their operations to any nearby residents and neighbourhoods.
If you are an owner of a commercial property you have an absolute legal responsibility not to cause any nuisance to anyone living in the area. When we talk about nuisance, what do we mean? Well, it can mean quite a lot. Courts now have a very wide definition of what constitutes nuisance. The law of nuisance clearly sets out exactly how nuisance is defined.
If anyone's watched a programme about hellish neighbours or has personally experienced it, will know that making the case is a long, drawn out process that requires patience. When it comes to a business operating in the area, the evidence brought forward has to be concrete and show a solid nuisance to neighbours and the neighbourhood. The impact has to be shown in a variety of ways to local residents.
It all comes down to reducing what could potentially be a liability to your business, you will need to make sure you or your tenants do not fall into what could be constituted as a bad neighbour.
One common complaint against commercial property landlords is that of 'unreasonableness'. For example, for a landlord to be challenged under the nuisance laws, they must be blocking access to another property in an unreasonable way.
The next items in the unreasonable checklist are sounds, sightlines and smells, commercial landlords will find themselves of the wrong end of justice if evidence for one or all of the factors above can be found against a commercial property. Most cases and evidence are brought forward against pubs and bars at closing time, or chip shops and other takeaways late at night. Both are known for unruly and drunk customers late at night who will make copious amounts of noise and leave litter and other jink strewn around an area.
You can probably see the link between the two businesses above, any establishment that are open late and serve alcohol, or rely on trade from these establishments are much more liable to be on the end of a 'bad neighbour' complaint. It's not just from nearby residents either; police and council officials will be much less sympathetic towards these types of businesses also. Crackdowns are common throughout Britain, so magistrates will also be keen to make examples of businesses that don't help reduce situations for anti social behaviour.
Yet now it's not just annoyance that can catch commercial landlords in a tangle of legal ramifications, the word 'annoyance' is earning it's place side by side with 'unreasonable' in the justice lexicon. One example we can mention regards a property developer from a case back in 2008, he built a three floor extension which he was given planning approval for. But after a complaint from neighbours, he was found guilty of causing an 'annoyance' though not guilty of a 'nuisance.' The law cracks me up, it really does...
Many commercial landlords are unaware of the 'annoyance' laws. However, as it is often easier to prove that an annoyance has been caused (than it is to prove a nuisance) landlords should be familiar with the regulations.
The best way to avoid any complaint or prosecution under both is use sound common sense and judgement, correspond with any local residents and take their grievances seriously while trying to work with them to bring them under control, or face the consequences.
About the Author
Timothy Frodsham writes for http://JustCommercialMortgages.com the UK's No.1 site for the latest commercial mortgage rates and commercial property finance news.
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