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Abatement notice

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  • #1

    Abatement notice

    Our neighbour has been issued an abatement notice due to a fly issue (as he keeps pigeons and doesn't clean them properly). Has been going on a while and the council had a professional in that area out to do studies, write reports. Court warrant issued to force entrance to examine his premises etc

    So now he has to abate the nuisance otherwise he can be prosecuted in the magistrates court and subject to a fine etc, if the nuisance continues after a certain date (next yr.)

    My question is thus

    Can I take action against him the county court. As he has an abatement notice (and should the problem continue) he gets prosecuted etc, then that "evidential bar" which is higher in the mags then in civil courts has been crossed and this can be reference to do as a criminal conviction....

    Now he is /would be effecting our quiet and peaceful enjoyment of our property by his lack of actions

    Can this be monetarised at all? as in damages

    I hope i am explaining myself clearly enough !

    Thoughts pls
    Tags: None
  • #2
    Q1. Do you own your property (freehold or long lease)? If so, you may be able to bring a claim in private nuisance in respect of the interference with your 'quiet enjoyment' of your property.

    Q2. Damages can be awarded. How much can be difficult to predict. Read this, for example (internet searches will produce other articles) https://www.eversheds-sutherland.com...ting%20damages.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment

    • #3
      Originally posted by atticus View Post
      Q1. Do you own your property (freehold or long lease)? If so, you may be able to bring a claim in private nuisance in respect of the interference with your 'quiet enjoyment' of your property.

      Q2. Damages can be awarded. How much can be difficult to predict. Read this, for example (internet searches will produce other articles) https://www.eversheds-sutherland.com...ting%20damages.
      Thanks. as you say from a brief scan of the article and understanding , damages very difficult to calculate
      given an abatement notice is in place i doubt an injunction on top would be seen as suitable by the courts or proportionate and how on earth would you calculate damages to see if would be even worth a punt at a claim.
      Yes own it freehold,

      Comment

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