Neighbour dispute

Kitty123456

Maybe a long shot but feeling desperate. It's a long story so I will keep it short. We bought our house a couple of years ago not knowing the hell we was going to live. At the beginning of lockdown our neighbour became so inconsiderate playing loud music, parties and generally loud throughout the night and day. We tried talking about it but it continued so we reported to council mainly because we just bought the house and we felt it was worth fighting for and I was pregnant at the time. Silly us not knowing how poor the council service actually is. The noise was so bad that the council eventually issued an abatement notice. My neighbour has continued to be loud but the council are basically rubbish and make excuses as to why they cant prosecute. Therefore we have given up and put our house up for sale but obviously we have to declare the dispute. We have a lot of interest until the dispute is mentioned. I'm just at a loss I really dont know what to do. I have a 6month old baby and I am just full of anxiety now living here. If anybody anywhere has advice or has been through the same thing. I just need some light at the end of the tunnel. Iv contacted the MP and local councillor who agreed it was appalling but then nothing still was done. Iv contacted police who again do nothing and say it's the councils job. Iv got a solicitor booked but I'm scared I'm wasting money that I need to have saved for if we sell the house. Iv looked at possibly auctioning but I'm scared we will make such a loss. I just dont know what to do but I mentally cant live here anymore.

CallMeMrs

Keep on at your Councillor and MP again. It may be that they think that the issue has been resolved if they haven’t heard from you. I’m sorry that you’re going through this. We’ve had awful neighbours before too and it was hell. 

DairyQueen

I really feel for you and wish that I could offer advice that could alleviate your pain. You have belatedly discovered that the requirement to reveal any dispute when selling is a very effective way of preventing victims of inconsiderate neighbours from taking action. The only way out of this kind of hell is to sell when the problem presents so that you are able to do so without any dispute blocking your escape route. 

It may be worth spending a small amount speaking to a solicitor as there may be a way for you to lawfully sidestep disclosure.

princeofpounds

All good points above. 

If you haven't, you can try making a formal complaint to the council, and threaten to complain to the local government ombudsman too. Do read the ombudsman's guidance beforehand, it's important that you concentrate on the council's lack of following its own policies and procedures.

You may also wish to consider getting legal advice regarding either trying to apply for an injunction privately and/or forcing the council to take action.

Titus_Wadd

I hear you OP and could write a similar post.  Our nuisance neighbours are slightly different but I agree finding a sympathetic councillor is very valuable.  We found ours through the local residents association.  I've never been one for meetings and committees but if there is a residents group or Neighbourhood Watch person where you live it might be worth a phone call.

We were sadly let down by police: a cut and dried home invasion with cctv and independent witness dismissed as a neighbour dispute!  The local planning authority then put us in touch with the council's Anti-social Behaviour team because the LPA didn't have powers to protect us from the fall out when we objected to a couple of planning applications.  Their first line to avoid doing anything is to insist several other neighbours must raise the same grievance and to suggest raising a police complaint, but by persisting they are starting to do something.  They still won't be drawn on whether there is a case for a Community Protection Notice when they set us another bit of homework.  Ultimately I think we might be looking at a Community Trigger if they still won't take up our cause.

My advice (if you haven't already) is to internet search Community Trigger and Community Protection Notice.  Also search your local Council's website for the same terms and the email addresses of any bods mentioned with any connection to anti-socail behaviour.  Our council has a multi-department approach to ASB; though mostly this is a way to pass you from pillar to post and do very little!  We had an excellent response from Environmental Health just from copying them in to other emails.  Copy every email and reply to every name you find on the council website, because someone may start to take you seriously.

Have an appointment with a solicitor and ask how to phrase your answer to the "disputes" question when you come to sell your house.  Our vendors did this, although we knew there was more to it than the now resolved wayleave dispute they cited.  I'm not saying this is morally defensible but there are ways to write about a dispute and a solicitor may be able to help with that, so that you distance yourself from any ongoing nuisance from this neighbour and sell your house.  

Our position is different because we won't sell up and move, so the only vendor impacted by our disputes is the developer who has houses to sell when they're finished.  I completely understand how the previous owners of our house were pushed to nervous breakdown by our odious little bullies. 

I'm sorry I don't have a simple answer but I hope you find some peace.  Please come back and tell us how you get one; because it could be helpful to others (and me!).  Sending a hug and some virtual ear plugs!

davidmcn

DairyQueen said:

It may be worth spending a small amount speaking to a solicitor as there may be a way for you to lawfully sidestep disclosure.

The only ways of not disclosing it are either for the problem to have gone away (i.e. the problematic neighbour to have moved on), or answer "no comment" to the relevant questions - and I can guess what a purchaser's reaction would be to that.

Kitty123456

Thanks for the replies. I did do a community trigger just to have no response. I also sent 3 formal complaints again to have no response which is when I contacted our councillor. She seems very sympathetic to us but again nothing was done. Environmental health even admitted in an email that 5 of our recordings of our neighbours nuisance was a breach to the abatement notice but the want to give her 'one last chance' they have also now come back to us and said they cant prosecute because when we have recorded her the tv sound is off. The only reason it's off is because we point the camera at the tv guide tonget the date and time of the noise happening which they asked for us to do but the tv guide automatically mutes the tv. We obviously didnt know this was an issue as the council have only ever said how good our recordings are. We have had recordings with the tv on in the past but because its before the abatement notice we cant use them as evidence she said. It's just excuses all the time. Which is why we have booked a solicitor but I just feel like they wont be able to help us unless we spend thousands which we dont have. It's just horrible and I feel we will be stuck here.

Kitty123456

The other thing somebody suggested was to go to the media about it but then I definitely wont be able to sell 

pinkshoes

Does this neighbour rent or own their home? 

numbercruncher8

There surely must be another way to get the date and time instead of the TV? You could film today's newspaper or something.

The easiest way out may be to just drop the price until a level where someone decides the discount is worth the hassle. That may not be that much in the end, and some people may be more confident in their ability than others to settle disputes. 

Sure it may be losing money but it quality of life is important, and being happy is valuable.

LoopyLoops

It sounds horrendous for you! 

Could you use a computer / tablet screen for the date and time? Or buy a cheap clock radio that will show it, an Amazon Alexa can display the date and time.