noisy neighbours - abatement order - moving house

thequant

Davesnave wrote: »

There is no way for those complained about to discover who the complainant is. It may be 'obvious,' but that's not the same as legal proof.

Any dispute would be settled in a civil court where decisions are made on "balance of probabilities" and not "beyond reasonable" doubt as in a criminal case.


A case being "Obvious" is about as strongest position you could be in a civil case.


I've had plenty of civil cases which I have brought against other parties which weren't obvious and basically boiled down to my word against someone else's and won because the judge believed me.

cepheus

If the party having to declare a dispute and selling at a discount are in a dispute due to misbehaviour of a neighbour, could they not claim against that neighbour?

cepheus

The noisy family have finally moved out,:j but only after several years.

If there are any problems in the future I will have more sense than to lodge a complaint with the environmental health department, it's simply not worth it.

jrtfan

This is interesting, especially in thequant's post where it refers to "decisions are made on "balance of probabilities...". We had several years of receiving letters from our Council saying there had been a complaint about noise from our property. The complaints always came during the warmer weather school holidays and were about noise my OH was making in the garden/his workshop, using power tools. In his defence, this wasn't day in, day out, week after week, but only when he started working on some project or another - when it could go on for several days in a row. Also, he had to fit whatever he was doing in around his job which was on early/late shift in rotation, meaning that the most he was doing at home was 2 or 3 hours before or after work, when all of the neighbours were out at work themselves. That is, with the exception of 1 next door neighbour who happened to be a teacher and therefore got to enjoy all of the school holidays at home - when they liked to 'live' in their garden as much as possible. This, and the fact they'd been round to see my OH in person to complain about the noise he was making, gave away the complainant's identity as far as we were concerned. Although, the neighbour still denied having contacted the Council, when confronted. They moved away a few years ago but reading this thread, I wonder if they were honest about the dispute there had been between us? Probably not.

Davesnave

jrtfan wrote: »

This is interesting, especially in thequant's post where it refers to "decisions are made on "balance of probabilities...".

This is an old thread and I don't want to extend it, but I still think that when the complaint is about something affecting many neighbours, as in your case, the 'balance of probabilities' is that no one will be able to find out who made a complaint.

(Spammer, post 15, who dragged up this thread, reported.)