statutory nuisance question

[davuck]

I have involved my local environmental health and the housing ombudsman regarding an issue I have with a neighbour from hell who is severely mentally ill and lives directly above me in a flat. I am in a flat below him. The problem is that he lives in squalor etc and has also broken a few windows in his flat that are very dangerous .Also there is serious asb issues . Anyway to cut a long story short , both the ombudsman and the environmental health have written to my landlord telling them to repair these windows, but for 8 months now the landlord is still saying they cant gain access to repair these windows. By the way , I also am covered by the equalities act as I have been diagnosed with O.C.D.. and also physically disabled as well ,and these windows are causing me distress because of my O.C.D. disability.

 

The environmental heath say as I live in a housing association property I have to make my own application for statutory nuisance under section 82 of the environmental heath act, regarding these windows that the association are not repairing ( or being unreasonably slow in doing so )

 

What I would like to know is , if I make my own application to the court giving the court the works order from the environmental heath and the recommendations from the housing ombudsman that both say the association should repair these windows, would that get the job done ?

 

The tenant as I say has severe mental heath issues and refuses to allow anyone in his property, which is why the association have been refusing to deal with this in the first place.

 

I intend to make the section 82 application against the association .

 

Thanks for looking and any advice would be greatly received.

 

David