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How to deal with nuisance neighbours

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  • How to deal with nuisance neighbours

    How to deal with nuisance neighbours


    1. What is a nuisance?

    The Environmental Protection Act 1990 classes several types of behaviour as statutory nuisances, including:
    • Noise or vibration
    • Smoke, fumes or gases from any premises
    • Dust, steam or smells from business premises
    • Accumulations or deposits
    • Animals kept in unhygienic/unsafe conditions
    According to the law, to constitute a statutory nuisance these must present a health risk or a nuisance. Typical examples of a statutory nuisance might include a neighbour regularly burning rubbish or someone leaving rubbish in their garden, which encourages rats.

    Assessing the level of nuisance
    When assessing whether something is a nuisance, the law looks to balance the right of one individual to enjoy their land, without interfering with the right of their neighbour to enjoy their land. Some guidelines that councils use include:
    • A nuisance must cross a boundary
    • It must be a substantial interference and not a trivial matter
    • A one off event such as a birthday party can be a nuisance
    • The time, duration, nature, and location of the nuisance must be taken into account
    For example, something that is not a nuisance in the middle of the day may become a nuisance later in the night. The environmental charity Encams says that if the average person, or as legally defined ‘the man on the Clapham omnibus’, would find something unreasonable, a court may be satisfied that it qualifies as a statutory nuisance.

    2. How to resolve a dispute informally

    Whether or not the level of nuisance represents a health risk it is advisable first to try and resolve the dispute informally.

    Face to face discussion
    If you feel safe doing so, discuss the problem with the person responsible for it to let them know about your concern. They may not realise that they are bothering you, or may be unaware the problem exists.

    Speak to other neighbours affected and get them to support your complaint if possible.

    Keep a nuisance log
    Keep detailed and accurate records of the nuisance incidents on a diary sheet. This is a log of when the nuisance incidents have occurred and what actions you have taken.

    Get mediation
    If the nuisance persists you can try to get a neutral third person to help find a solution. This could be a mutual friend who’s not involved, or a community figure like a neighbourhood watch coordinator or local vicar. Alternatively there might be a local mediation service that is able to help you.

    The Advice Services Alliance is a national charity working with independent advice groups. They have a website with information about alternative dispute resolution, on which you can find out more about community mediation. The site also has links to a directory of UK mediation services.

    3. Getting your council involved

    Council officers have a duty to investigate the nuisance under section 79 of the Environmental Protection Act. This says they must take ‘steps as are reasonably practicable’ to investigate your complaint.

    An environmental health officer or technical officer may visit the site and where noise is involved may even leave equipment inside your house to record noise disturbance over a period of time.

    They only have the power to deal with statutory nuisances. But if noise levels are intermediate and do not constitute a statutory nuisance they can still:
    • Try to resolve the dispute informally themselves or appoint mediators
    • Write to the person causing the nuisance saying a complaint has been made
    • Ask the neighbours to take steps to reduce the level of disturbance
    This is a genuinely ambiguous area. Defining a statutory nuisance is a very subjective matter. Basically, you have to consider whether the nuisance level is within the bounds of ordinary, reasonable behaviour.

    Abatement notices
    If they are satisfied that a statutory nuisance exists, they will serve an ‘abatement notice’ requiring the person responsible to stop causing the nuisance. If the person fails to comply then they are guilty of an offence and can be prosecuted by the local authority. If this happens, be prepared to make a formal statement and to attend court to support the council if required. Local authorities also have powers to seize noise making equipment.

    Local authorities and the police are obliged under the Crime and Disorder Act 1988 to develop strategies for reducing crime and disorder at a local level. It allows them to seek anti-social behaviour orders against any resident (not just tenants) causing distress to others.


    4. What if the council doesn't help?


    Most local authorities take nuisance problems seriously and will do their best to help. If you feel your council is failing you, you can take the matter up with your local councillor and the councillors on the environmental health committee. The local library or town hall will tell you who these are.

    If you still feel unhappy with the way the council is dealing with your complaint, you can contact the Local Government Ombudsman. There are three local ombudsmen for England covering the South-East, North and the West and Midlands.

    If you live in Wales you can complain to the Welsh Administration Ombudsman, or in Scotland the Scottish Public Services Ombudsman. If you live in Northern Ireland you can complain to the Northern Ireland Ombudsman.

    But remember that the ombudsman will only be dealing with how the council has dealt with your complaint; he will not get involved, or provide help, in the dispute with your neighbour.

    5. Taking legal action yourself


    You can also take legal action yourself through the magistrates court under Section 82 of the Environmental Protection Act. You do not need a solicitor and it need not cost much. You will need to prove to the magistrate beyond reasonable doubt that the problem you are complaining of amounts to a nuisance.

    This is also useful if the nuisance problem occurs occasionally, and it is not possible for the environmental health officer to witness it.

    Steps to legal action
    First, you will need to notify the neighbour again, informing them that the nuisance has not been stopped and that unless they cease by a certain date you will complain to the magistrates court.

    If this is ignored, contact the Justices Clerk’s office at your local magistrates court, explaining that you want to make a complaint under section 82 of the Environmental Protection Act. The clerk of the court should advise you further.

    A date will be set for the hearing and the person about whom you are complaining will be summoned to attend court.

    You will have to give your evidence, and cross examine your own supporting witnesses to bring out the evidence. The neighbour will be able to cross examine you and your witnesses, and may produce their own evidence to contradict yours.

    If you prove your case the court will make an order requiring the nuisance to be stopped. The court also has the power at the time the nuisance order is made to impose a fine on the defendant (currently not exceeding £2,000 or £20,000 for businesses).

    If this order is ignored further court action will need to be taken. If you fail to prove your case you may have to pay some of the defendant’s expenses in coming to court.


    6. Dealing with noise at night


    The 1996 Noise Act gives local authorities additional powers to deal with noise at night. Some local authorities now provide a 24 hour noise service. If an environmental health officer is satisfied that there is a noise nuisance, the local authority has the power to enter the premises and seize the equipment.

    The act doesn’t apply in Scotland, but the Civic Government (Scotland) Act 1982 gives the police similar powers. All local authorities in England and Wales can use the powers of seizure.

    Encams has a guide on how to deal with neighbour noise.


    7. The latest government initiatives


    The government announced new measures to combat nuisance neighbours and unruly behaviour in October 2003, now enshrined in the Antisocial Behaviour Act. The initiatives are particularly aimed at:
    • Anti-social behaviour by nuisance neighbours
    • Begging
    • Abandoned cars
    Punishment for offenders will include relocation for the worst nuisance neighbours, the curtailment of tenancy contracts from 12 to six months, compulsory parenting classes and fixed penalty notices. Ten of England’s most rundown estates will be targeted for a ‘100-day clean-up’ and a project for people to inform on graffiti artists will be launched along with a national database enabling graffiti vandals to be identified by their ‘tags’.

    The government has identified 10 ‘trailblazer’ areas, which will receive support from the Antisocial Behaviour Unit to tackle certain problems in their communities.

    Hedges and trees: In October 2004 the government gave councils the power to chop back any trees that grow to more than two metres in height and present a nuisance to neighbours. Homeowners could face prosecution or fines of up to £1,000 if they do not chop down the trees. For this to happen, hedges must contain two or more trees or shrubs over six feet tall and judged to be "detracting from the reasonable enjoyment of your home or garden."

  • #2
    How to deal with nuisance neighbours - Site Links

    Links to sites mentioned above

    Community Mediation
    http://www.adrnow.org.uk/go/screen/S...d=aKyAbwHgVKi4

    Local Government Ombudsman
    http://www.lgo.org.uk/

    Welsh Administration Ombudsman
    http://www.ombudsman-wales.org.uk/

    Scottish Public Services Ombudsman
    http://www.spso.org.uk/

    Northern Ireland Ombudsman
    http://www.ni-ombudsman.org.uk/

    Encams
    http://www.encams.org/aboutus/main.asp?pageid=17&sub=1

    Antisocial Behaviour Unit
    http://www.crimereduction.gov.uk/ant...ehaviour25.htm

    Comment


    • #3
      Re: How to deal with nuisance neighbours

      I usually cut thier trees it shuts them up

      Now you see it


      Now you don't
      Last edited by pam1; 9th October 2007, 23:52:PM.

      Comment


      • #4
        Re: How to deal with nuisance neighbours

        Is that a telegraph pole in your garden ?
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Re: How to deal with nuisance neighbours

          no it's a shadow of a telegraph pole.

          Comment


          • #6
            Re: How to deal with nuisance neighbours

            LOL a shadow of its former self msl: msl: fair play to the guys who went up it! talk about bendy:carrot:

            Comment

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