Neighbour interfering with viewings

Grizebeck

You do not need CCTV evidence in relation to an injunction application 
I am not sure how you have lost faith in the legal system as you haven't persuaded that avenue 
Harassment is a high bar to cross in the criminal sense
I mentioned a private nuisance in an earlier post. This not an angle the police would have any knowledge of.

My advice mirrors what others have said 
You either confront the problem or accept the consequences of not doing so

You could have in all fairness be working on your application and witness statement right now and be ready to submit your application asap

At the end of the day it's down to you. Yes it's your neighbours fault for what they are doing to you but you have a solution and it's on your shoulders to grab the bull by the horns and deal with it

If you don't take a course of action you will not change your situation 

Bailey1980

Grizebeck said:

You do not need CCTV evidence in relation to an injunction application 
I am not sure how you have lost faith in the legal system as you haven't persuaded that avenue 
Harassment is a high bar to cross in the criminal sense
I mentioned a private nuisance in an earlier post. This not an angle the police would have any knowledge of.

My advice mirrors what others have said 
You either confront the problem or accept the consequences of not doing so

You could have in all fairness be working on your application and witness statement right now and be ready to submit your application asap

At the end of the day it's down to you. Yes it's your neighbours fault for what they are doing to you but you have a solution and it's on your shoulders to grab the bull by the horns and deal with it

If you don't take a course of action you will not change your situation 

Thank you and I'm sorry that I haven't been working on the application and witness statement I am just terrified of doing the wrong thing and making the wrong decision, especially as the police have told us that if we take any action against the neighbour they will think even less of us and will doubt any further reports we make. 

 I have previously made notes about everything but the document is about 12 pages long and likely has a lot of emotion in it so I will try to sit down over the next few days and try to pick out the relevant parts. 

I meant CCTV footage would likely be needed to prove the breaching of the injunction. So if the injunction was granted and states that the neighbour has to refrain from coming onto the property, verbally abusing anyone who is lawfully on the property we won't be able to prove that they have done those things without CCTV footage, especially as we cannot face going back and staying at the house. 

Plus the first time we called the police out, they told us there was nothing they could do without video evidence. 

I guess I have felt that I have taken action by constantly reporting to the police and council, raising complaints but  haven't got anywhere and not had the authorities believe us. 

 I've lost faith in the police and the criminal justice system which is part of the legal system and I don't know whether we will be dismissed the same by a civil court. 

I know it's down to me and only I can try and change the circumstances and I am trying my best but I am not coping very well at all (barely sleeping and eating) so cognitive abilities to write a coherent statement that a judge would believe is extremely difficult and I know that's on me because no one else can write it. 

Bailey1980

Grizebeck said:

@GDB2222 and @Section62 thanks appreciated
Fee wise its really just the fees charged by the County Court
I very much doubt the Defendant would even try and defend this going on the posts by the OP
The time it takes to enact depends on the court. Some courts are very quick with this kind of application.
In addition it is possible that this may be constitute a private nuisance. Which is a Tort.
https://wiglaw.co.uk/the-law-of-private-nuisance/
https://www.bailii.org/uk/cases/UKSC/2014/13.html

“A nuisance can be defined, albeit in general terms, as an action (or sometimes a failure to act) on the part of a defendant, which is not otherwise authorised, and which causes an interference with the claimant’s reasonable enjoyment of his land, or to use a slightly different formulation, which unduly interferes with the claimant’s enjoyment of his land.”

sorry i missed this post; neighbour a few years ago raised that they could hear us talking/laughing in the living room which is the attached/adjoining wall so we had sound insulation installed. solicitors we spoke to said that because of that we are likely to be deemed to be the nuisance neighbours as it interfered with their reasonable enjoyment. 

Police also told us not to make any noise in any of the rooms adjoining the party wall which was living room, our bedroom and the room we used to work from home. 

Last year neighbour complained they could hear floor boards creaking in our house and it was unacceptable and causing them not to have reasonable enjoyment of their house. 

Bailey1980

ThisIsWeird said:

Bailey1980 said:

I am just in a mess questioning the right choice and my own sanity and I'm worried about how we will be able to capture CCTV footage of future incidents as we are needing to cancel the internet in a bid to get some money to fund temp accommodation /pay friends and famly rent/expenses for putting us up and the CCTv cameras we have up are all wi-fi dependent and I'm struggling to find ones that don't use wi-fi because without cameras we won't be able to prove breach of an injunction.

Do your cameras have (micro)SD card slots? If so, they will hopefully record on these in a 'loop', so once the card is full, it'll begin to record over it. A 64GB card should give around a week's recording. If an incident occurs, you'll likely have to remove the card to download the captured content.

But, really better if you also have constant WiFi capture so you can also monitor it remotely. Even using this method, it'll need to be recording all the time.

Not as far as I am aware on the SD card slots and all other ones ive looked at online seem to need wi-fi. again i'm very lost and we have asked the police & victim support for help and advice on this but they have said it's up to us to do a google search. 

Bailey1980

Mildreds_Earrings said:

Hello there @Bailey1980 I completely understand your frustration, as I have 'been there' and although it may be difficult for others to understand, the Police certainly did NOT want to take action against my 6 foot male neighbour from hell who repeatedly harrassed me (lone female at the time) because he had 'not carried out his threats yet' and 'he will blow out of steam sooner or later luv'. I honestly don't think people realise this is the Police stance, until this actually happens to them. You end up completely overwhelmed, unable to think or even function properly (I was off sick with stress) until I had a complete breakdown. I would drive around aimlessly in my car because I couldn't bear to be at home 'waiting'  for the harassment to start again and eventually sold my beautiful home by accepting a quick sale and £10k loss. 

I wanted to say that whilst I sympathise with you greatly, I must agree with those who have said you MUST take action, even if that means selling to an auction, selling to a buy your home now scheme or part-exchange with shared ownership. I realise this means a financial loss but you and your partner's mental health is worth more than money. I could not afford the financial hit of losing £10k but I was free of the physical and mental anguish of dealing with a bad neighbour. 

If you absolutely cannot sell at a loss via the means mentioned above, then you will have to accept @Grizebeck generous offer to help you obtain a restraining order against your vile neighbours.

These are your options and I sincerely hope you find the mental strength to make the right decision for you and your family. 

All the best. 

Thank you; this is precisely the attitude we have had - you weren't physically hurt so what's the issue, you aren't scared of them, they haven't done anything physical to you etc

I've had some time off work sick, been put on medication of which the dosage has to keep being increased. Barely eating and sleeping. 

Made some enquiries with a buy your home now schemes, only heard back from one who said they'd give us £30K below the market value which would leave us in negative equity. 

Still waiting to hear from a couple of others and may make some auction enquiries as well as sorting out the statement/application. 

thegreenone

We have a camera on our garage that looks like a motion sensor light - which it is, but it also is a constant camera and links to our mobile phones and cloud. Even on holiday we can see what's happening.  Netatmo outdoor cameras.   We have no personal links to the company whatsoever.  They should give you the evidence you need.   Good luck.

Bailey1980

thegreenone said:

We have a camera on our garage that looks like a motion sensor light - which it is, but it also is a constant camera and links to our mobile phones and cloud. Even on holiday we can see what's happening.  Netatmo outdoor cameras.   We have no personal links to the company whatsoever.  They should give you the evidence you need.   Good luck.

thank on, on looking them though seems to suggest they need a wi-fi connection and as we are no longer living at the house and having to pay out for temp accomodation/expenses to friends and family for putting us up we need to cancel the internet so need cameras that don't rely on wi-fi connectivity. 

Grizebeck

Forget the police 
Decide on one course of action 
And just get on with and don't worry.

ThisIsWeird

Hi Grizebeck. 
What happens after the injunction is served - if the neighb breaks its terms?
I guess evidence is required, and an account from the EA should be enough? Or what?

Cheers.

Grizebeck

ThisIsWeird said:

Hi Grizebeck. 
What happens after the injunction is served - if the neighb breaks its terms?
I guess evidence is required, and an account from the EA should be enough? Or what?

Cheers.

Breaching an injunction is a criminal offence and an application to the court for an  "order of Committal" can be made.
The evidence can be from various sources.