Bent Council: Misusing their balcony

Throughout the years since the arrival of nfh on this estate, water has been released through their balcony rainwater run-off

23rd July 2008 « Nasty neighbour
[Published originally in January 2008]

Water, water everywhere

This small outlet, which is about 7 cm wide and 5 cm high, is the only outlet at the base of all balconies throughout the estate and its purpose is to allow rainwater to drain from balcony floors, preventing a build-up which otherwise would become stagnant. In 1993, the external side of this outlet was extended by about 15 cm with a metal 'U'-shaped duct so that water falling from this outlet didn't fall onto the balcony below. This solution is ineffective and water falling from this outlet still can cause a nuisance to neighbours.
The amounts of water released by nfh usually are quite large, flowing for several minutes, and occasionally for several hours. Based upon the evidence of the material deposited on my balcony railing, window and floorSometimes, water flowed for several minutes and, usually, for several hours during these releases, this water usually is dirty. Repeatedly, I have had to go up there to ask nfh not to release water from her balcony like this, but her response has varied from 'I had to clean my balcony', or 'I had an accident', to 'I have no mop'. They have never apologised for the inconvenience caused to me.
These discharges are made without warning and the persistence with which nfh discharges water through this outlet causes considerable nuisance and inconvenience to me. Because of a slight depression in my balcony floor, a small pool of water usually forms there following these releases. This nuisance is exacerbated when I am using my balcony in summer and am forced to leave it and shut the door or risk water splashing onto myself, the open glazed door or actually splashing into my home.
When these discharges are heavy and/or prolonged, splashes from water falling onto the balcony railing hit most of the window. When these splashes contain material, I have to remove it or otherwise allow a film of dirt on the glass pane. While on my balcony, I need always to be vigilant to a sudden discharge and this, naturally, reduces the ability to relax here.

Water continues to flow

In a letter dated 2-10-1996 to the Council employee Eulyn Bennett, described as a 'customer services officer' at the local 'housing office', I told her about the use of the rainwater run-off in this manner by this family. In her reply dated 23-10-1996, she said she had passed my complaint to the Council employee Tom Dove, whom she described as a 'repairs surveyor'.
I received no response from the Council employee Dove and, in a letter dated 2-6-1999, I put the complaint to Dove directly. I told him that the nuisance was continuing and also asked him to tell me, unequivocally, the purpose of this balcony outlet. I received no response from Dove.
In November 2005, a large amount of waterThe Council ‘surveyor’ Gushman expressed no intention of dealing with it was discharged in this fashion, lasting for several hours and deposited a film of dirt on most of my balcony window because of the splashing as described above. Because I was determined that the Council should see it, I didn't remove this damage promptly. On 19-1-2006, when the Council employee Anthony Gushman, who described himself as a 'senior surveyor', visited my home on another matter, I took the opportunity to show him this damage to this window.
On my invitation to my livingroom to see this damage, Gushman entered reluctantly but, after a cursory glance, expressed no intention of dealing with it and suggested I report it to the 'housing office' as though this issue had not previously been brought to the Council's attention! I received no response to the damage and nuisance shown to Gushman.
These discharges have continued and the last discharge that I've actually seen as it occurred was on the afternoon of 15-6-2008, with the usual damage caused to my home and inconvenience to me. There have been many discharges which I have not actually seen but the evidence of my water on my balcony, while it obviously had not been raining, was proof of a discharge.

Other nuisance caused by nfh

For many years, this family have used their balcony rainwater run-off to remove rubbish accumulated on their balcony floor. It appears they allowed rubbish to build up in or near this rainwater outlet, and when enough rubbish had collected there, it was either pushed in its dry state through the hole, or flushed through with water. In either case, this rubbish usually fell onto my balcony on its way to the ground.
On 22-5-2001, when I got home from work in the evening, there was rubbish on my balcony which obviously had come from the balcony of nfh. Because I had tried for so long to get them to cease this practice, I was quite angry about this continued antisocial behaviour and There was rubbish on my balcony which had come from the balcony of nfh went up there to ask why this continued. Nfh denied anything had fallen from her balcony and, when invited down to see the rubbish on my balcony, she said to me, 'Get lost'.
Immediately, I took photographs of the rubbish, some of which still clung to their rainwater outlet, and sent an e-mail to the Council employee Barbara Rowe, who described herself as a 'housing officer' at the local 'housing office'. I told her about the rubbish falling to my balcony from the balcony of nfh and the response of nfh. I received no reply from Rowe and there was no change in the behaviour of nfh.
Following my complaint to the Ombudsman in summer 2002, the Council employee Helen McKenzie visited my home in September 2002 to discuss these complaints. I told her about this practice and showed her the build-up of rubbish in this outlet (it was visible from my flat). She told nfh to stop this practice, and it has not been resumed. This is the third form of nuisance which the Council stopped out of the nine major forms of nuisance I had complained about to the Council.

On a separate issue…

In the late 1990s, water regularly had begun trickling steadily from the rainwater outlet of nfh—this is a separate issue from the release of large amounts of water deliberately, described above.
This trickle continued for several days at a stretch, falling onto my balcony railing and, from there, splashing onto my balcony window and floor. When windy, this trickle splashed onto my kitchen window, soiling it with a lime-like deposit.
Less often, a similar trickle of water fell from the balcony rainwater outlet of the flat above theirs, falling onto the 'U'-shaped rainwater duct of their balcony, He apologised and explained that his water heater was faulty and with the same effect on my home. Because I could see that it was coming from this top flat, one day I went up to the resident on this second-floor flat and told him of the problem. He apologised for the inconvenience, explained that a water heater was faulty and that they were trying to get the Council to deal with it.
Several times, I have asked nfh not to allow this trickle from her balcony to continue. She has always insisted there was no water coming from her balcony, and refused to come down to observe the problem for herself.
Because of the splashing from the trickle of water from their balcony rainwater run-off and the trickle of water from the top flat's faulty water heater, I had been unable to leave my kitchen window open for fear of the waste of another household getting inside my home.
In my letter dated 2-6-1999 to the Council employee Dove, I told him of this extra problem with water falling from both flats above mine. As before, Dove failed to respond to this issue.

I tell another Council employee…

On 17-1-2000, during a telephone conversation with the Council employee b0 at the local 'housing office', whom I understood to be a 'surveyor', regarding the replacement of my space-heating system, I told him about the waterShe had been told by the Council about a private conversation of the previous day coming from the rainwater run-off of the flat above mine.
The next day at about 10:30 a.m., nfh came to me asking angrily why I told the Council about water coming from her balcony. I invited her into my kitchen to see for herself the damage to my kitchen window, which was splashed heavily with a lime-scale-like deposit. In my kitchen, nfh showed no sympathy for either the damage or the inconvenience and insisted there was no water coming from her balcony. She informed me that she 'won't be told what to do' and, also, that 'you are patronising'. Thereupon, she walked out of my home without closing the door after her. Obviously, she had been told about my conversation of the previous day with the Council employee b0, but the Council did nothing further about the matter.

High nuisance value

On 14-4-2000, during a visit to my home on another matter by Council Surveyor Stephen Spittal from the local 'housing office', I showed him the water coming from the balcony run-off of the flat of nfh. Immediately, he got access to the flat, and returned several minutes later to tell me that the water was coming from the top flat and that he would get it sorted out.
Apparently, water leaking from the faulty heating appliance in the top flat was falling on to the balcony of nfh, a fact which was unseen by me. The leak was repaired within several weeks and the trickle of water stopped. The deliberate release of water by nfh as described earlier, however, continued.
Because I couldn't actually see the water falling onto her balcony from the flat above hers, I had to believe what I actually saw, which was this:

occasionally— water trickling from the top flat directly onto the balcony rainwater outlet of nfh
regularly— water trickling from the balcony rainwater outlet of nfh onto my home

I realise, now, that when nfh insisted water was not coming from her balcony, she was disingenuous. nfh could not have failed to see the water falling onto her home from the flat above theirs and it is obvious the nuisance it caused to her was outweighed greatly by the nuisance she perceived it caused to me.
Fuelled by her antipathy towards me, this was just another method of causing nuisance. Unfortunately for me, nfh now knew I valued the cleanliness of my windows and proceeded to cause nuisance in a completely new way, which will be described shortly.

This thread is continued in Soiling my windows.

Loud music nuisance Interfering with my telly Litter and filth A heavy-footed family Washing machine noise Soiling my windows A neighbour from hell A catalogue of nuisance Hell twice over