Neighbour making noise to stop us using garden - what level is unacceptable?

Supersonos

MalMonroe said:

As GDB2222 suggests, have you tried talking to them? Some people are just extremely thoughtless while at the same time being very noisy and inconsiderate. And I have lived next door to some of them. If you make contact you may find that they are not doing things deliberately, why would they? The trouble is that in this country we don't tend to tackle a problem head on, we'd rather skirt around things. Making assumptions about why others act in certain ways is the way we do it here but it's not really effective and may not be right.

You can report noisy neighbours to the council. Or you can try the nice approach in the first instance and have a word with them.

There's some information here :  https://www.gov.uk/how-to-resolve-neighbour-disputes

I haven't tried talking to them because that would be accusing them of doing it.  I guess it's possible (although I feel highly unlikely) that it's a total coincidence that music goes on when I'm in the garden.

And if I spoke to them, I would imagine they'd just deny it.  And, then knowing it's definitely annoying me, carry on.

But even as I'm typing this, maybe I should speak to them...

Supersonos

Rosa_Damascena said:

Grenage said:

Ignoring it or having a chat are the best options.  Retaliation will lead to escalation.

In a grown up world this works, in practice you can't argue with stupid.

The OP's neighbours seem to be escalating in the absence of a reaction. 

This is true.  But I also think they know that playing music for a while means I go back inside and they get the outside to themselves again.  And I think ultimately they want us to stop using the garden altogether.  The previous owners of our house didn't use the back garden either, so our neighbours (who've live there for about 10yrs) have never had any "garden neighbours".  I think they're just trying to find a way of getting back their utter privacy.

I think it's weird because they can't see me so I'm not sure why they care.  Of course, they can hear me (moving, coughing whatever) and I can hear them but... people live near each other.  That's the way the world is!

GDB2222

You don’t need to accuse them of anything. You could start off by asking whether you are disturbing them now you’re using the back garden more. 

The last thing you need is a feud, surely? Maybe, there’s something you can change that would suit them better? Who knows, unless you have a friendly conversation?

Supersonos

GDB2222 said:

You don’t need to accuse them of anything. You could start off by asking whether you are disturbing them now you’re using the back garden more. 

Excellent suggestion.

Mojisola

GDB2222 said:

You don’t need to accuse them of anything. You could start off by asking whether you are disturbing them now you’re using the back garden more. 

And where does that conversation go when they say 'Yes, you are'?

GDB2222

Mojisola said:

GDB2222 said:

You don’t need to accuse them of anything. You could start off by asking whether you are disturbing them now you’re using the back garden more. 

And where does that conversation go when they say 'Yes, you are'?

"I, obviously, want to use my back garden, but is there anything I can do to improve things for you?"
Even if all you do is listen to their  concerns, you are at least being neighbourly.

Rosa_Damascena

GDB2222 said:

Mojisola said:

GDB2222 said:

You don’t need to accuse them of anything. You could start off by asking whether you are disturbing them now you’re using the back garden more. 

And where does that conversation go when they say 'Yes, you are'?

"I, obviously, want to use my back garden, but is there anything I can do to improve things for you?"
Even if all you do is listen to their  concerns, you are at least being neighbourly.

Well the OP can but hope the gesture is reciprocated.

DayDreamerandGeneralWaster

Bigphil1474 said:

In most council areas, the law is the Environmental Protection Act 1990 and statutory nuisance. They have to establish nuisance i.e. the level of noise constitutes a nuisance in law (not just annoying). This can be based on the level and/or frequency of the noise, and how it affects you. There is no particular time that applies, but noise in the daytime is generally less of an issue than at night, but can still be a nuisance. They would normally ask you to keep a diary of events over a four week period, or possibly install noise monitoring equipment. They will review your diary and take action from there. First stage is to serve a notice which prohibits them from causing a nuisance. If they breach that notice they can be prosecuted and have their noise making equipment seized. In some council areas they will use anti-social behaviour laws instead, which are different and I have no experience of. 
Best bet is to have a word with your council. Bear in mind that noise complaints form part of property searches so if you are thinking of moving, I'd maybe leave it.

The Act deals with statutory nuisance from permitted installations under the Environmental Permitting regulations. This falls under the torte of nuisance and is a civil matter.

Jeepers_Creepers

This is potentially more than a 'nuisance' - it could well be 'harassment'.

But the OP is at the early stage of noting down the incidences to try and determine wot the 'ell is going on. 

GDB2222

Jeepers_Creepers said:

This is potentially more than a 'nuisance' - it could well be 'harassment'.

But the OP is at the early stage of noting down the incidences to try and determine wot the 'ell is going on. 

The CPS have published guidance on the harassment act, and I think it’s unlikely that they would get involved. You can check the guidance here https://www.cps.gov.uk/legal-guidance/stalking-and-harassment

Compared to the sort of issue that would get prosecuted, it completely lacks the element of causing distress or fear. 

The OP could bring a civil case under the act, in theory, but it’s a sledgehammer to crack a nut. Besides that, he may want to sell his home one day, and any dispute would have to be declared. Far better to try, at least, to sort this out in a friendly way.