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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:
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:
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:
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:
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."
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
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
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
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
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."
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