Nuisance Neighbour

elmlea22

:mad:

Hello

Not sure if I am posting this in the right section. If not I apologise.

I am having serious trouble with my neighbour that lives above me. I live in a two storey block of flats and I am on the ground floor. My neighbour above me had been fine to live with until July of this year. Since then she has been banging on her bedroom floor/my bedroom ceiling at different times during the night waking me up. As a result I am having only 5 - 6 hours a night sleep. She is also really noisy during the evening as she'll stamp her feet as she walks around the flat. Unfortunately she has laminate floor and is not a small girl so sometimes the noise can be very loud.

I have bought my flat (ex council) but she is still a council tenant. I have complained to her housing association and the environmental health is now involved but I do not feel I'll get a satifactory answer as this the second time someone has complained about this. It was so bad that the last guy sold his property (this is when I stupidly bought the place). I feel I was deceived by this guy because he did say there was a problem but said it was mostly during the day not at night like I am getting.

What I would like to now is is there a way I can act privately for example a noise ASBO or sue the housing association for lack of sleep etc (maybe a bit extreme but I am so exhausted and I am getting to the end of my tether).

Please help me.

Thank you

Jowo_2

Check your local council website for guidance on private legal action for noise issues but make sure you continue to persue the existing action with the HA and council keeping copies of all your dealings with them - escalate this through their complaints procedure if they have one.

This is what my local council in england say on the matter:-

In some instances it may be difficult for the Council to take action against a noise nuisance i.e. if a noise nuisance occurs in short bursts making it difficult for the Environmental Enforcement Team to witness and assess, in these instances you may feel that taking your own legal action is the next step to take. If you decide to go ahead with an action, make sure you keep a noise diary and make sure you keep it up to date. Keep copies of any letters you write or receive in date order and make notes of any conversations.
Legal representation
You do not need to be represented in court by the legal profession. If you do decide to get legal representation, you will have to pay for it as Legal Aid is not available for these actions. Local Neighbourhood Law Centres may offer personal assistance.
Getting Started

1. You must advise the noise maker of your intention to go to Court, giving at least 3 days notice for a noise case. The court will ask if you have done this.
2. Contact the magistrates court.
3. Go in person to the Court before 10am Monday-Friday. The uniformed attendant will direct you to the Scheduling Department where you will find a court officer dealing with the day’s applications.

Making an Application

1. Tell the court officer you wish to take action under the provision of Section 82, Environmental Protection Act 1990. You don't have to fill in any forms and you do not need any identification documents. There is a small fee of around £7.00 to pay.
2. The court officer will take notes about your case. Use your noise diary to describe the problems you've had. You will also need to give the name and address of the person responsible for the noise problems. You do not need any witnesses, but if you have, it may help your case.
3. You will be shown to a courtroom and asked to wait outside until your application is heard. It's unusual to have to wait more than an hour. An usher will show you in to the courtroom which will be empty apart from a few staff. The magistrate will ask you to give a brief account of the problem. If he or she is satisfied with the grounds of your complaint, a summons will be issued against the person(s) accused of making the disturbance.

What Next?

1. The court serves the summons by recorded delivery or by personal service. The court will also advise you of a date to return to court – usually about 6 weeks. You must return to court on this day. Find out which court room to go to by checking the lists in the reception area or ask the attendant for help.
2. If the person accused of making the noise nuisance admits causing the nuisance, the court will hear the case on that day and you may not have to make any statement in support of your claim. If the accused doesn't attend and makes no plea by post, the case is usually heard in their absence.
3. Organise your evidence so that you can show the court how you and your household are affected by the noise, how frequently, for how long and at what times. Have your diaries copied to give to the court.
4. The magistrate will ask you questions about the disturbances. The accused may also ask you questions, and you will have the opportunity to ask him/her questions about their evidence.

Likely Outcomes

If the court is satisfied that you have proved your case, they will issue an 'Abatement Order'. This order requires the accused to make sure that the noise does not occur again. If the accused has had an order served on them before, the court may also impose a fine of up to £5,000, although smaller sums are more usual. A copy of the Abatement Order served on the accused will be given to you for your information.
Paying Costs

You may ask for reasonable costs to be paid for bringing your case to Court. Any claim must be made before the hearing and any award is at the discretion of the Magistrate. If you are unsuccessful in your action, the other party could be awarded costs that they incurred in defending the action.
If the problem continues..

Return to the same court (before 10am) as soon as possible and apply for a “summons for failure to comply with the court order”. There is no need to notify the person causing the noise.

Further Assistance

If you require assistance on court proceedings, the Clerk of the Court may advise you in person on a weekday afternoon, usually after the courts have finished proceedings.

clutton_2

what exactly has the HA/council done with regard to talking to/writing to this tenant ?

As a LL they are responsible for their tenants bad behaviour - you need to keep at them - make them investigate - they will try to fob you off if they possibly can

elmlea22

Thank you for your help.

I'll definately look in that. Which court do I have to go to?

elmlea22

clutton wrote: »

what exactly has the HA/council done with regard to talking to/writing to this tenant ?

As a LL they are responsible for their tenants bad behaviour - you need to keep at them - make them investigate - they will try to fob you off if they possibly can

Thank you. I don't think they have done much to be honest. I am really annoyed with the housing association as I was told I had enough evidence so I no longer needed to make a log but I have since found out this was not true and I should have because the evidence needs to be recent.

clutton_2

you should not go to court until you have exhausted the HA's Complaints procedure fully - write an OFFICIAL COMPLAINT letter to HA about the way they have handled your complaint so far and ask them for their proposals to rectify the noise