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please help (2 children impacted) confused. neighbour harassment through civil court?

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  • please help (2 children impacted) confused. neighbour harassment through civil court?

    Hi i posted this yesterday in the court section apologies if this is bad forum etiquette to repost here. i'm just desperate for a steer. brief overview below. longer version also for anyone who wants more detail.


    overview:
    i live in a leasehold flat. its small - two bedrooms. there are two other flats above us. we are being haraassed by one or both of people in the flat directly above us. Aa large majority of the harassment is through impact noise and following us around as we move about the flat. but we have also been physically attacked me once and partner twice. i have two witnesses a friend witnessed the stopming and the neighbour at the top of the building contacted me on whatsap to ask about a blow overhead - my friend was also a witness on this occasion. we have reports that we have made to the police. in addition one of the physical attacks was going to court but the case was dismissed due to an error on the police's side - still not sure what it was as it wasnt disclosed...



    longer version:
    i am not complaining about the sound of their everyday living - i am very aware that we live in a flat and therefore to complain about people above us making noise as they go about their daily lives would be unreasonable.

    the harassment we experience involves thudding bangs and blows to the ceiling that are so hard that i have felt the vibration of their impact through my body or my childen have been frightened to tears as the bangs penetrate their evening/bedtimes. the noise feels intentional and my children a often frightened by it - it feels/souds aggresive.

    we are also often followed around as we move around our home. again i recognise that we are in a small flat but so there will be times when the people above will be in the corresponding part of their home that is above where ever we are at the same time at some points. again i am not unreasonable and that fact is why it has taken us so long to realise that we were being harassed. typically someone in the flat above will stamp directly overhead and walk into the room above the room we have walked into and then leave at the same time as wel leave this often happens all day - one of the people that lives int he flat doesnt work and i work from home/ am loooking after the children most of the time. regularly at around 3am i am woken by a bang to the ceiling over head where im sleeping this sometimes happens 5/6 nights a week i now wear headphones to bed which hurt so that i can sleep. we used to have success playing white noise at high levels it drowns out the sound of stomping but doesnt help with the direct impact sound of loud direct blows overhead.

    the noise harassment also seems coordinated with our down/quiet times - eating, relaxing together in the lounge. getting ready for bed/sleeping or working from home. it is very upsetting at one point i was so low struggling with the sound of loud bangs outside of the home that i sought the help of hypnotherapy.


    over the years we have take steps to try to limit the noise. we have soundproofed by installing a suspended ceiling, acoustic wool, a soundproofing membrane, and soundproof plasterboard. we only have two rooms left to do. we assumed the soundproofing would improve things but it feels like it made them 'angrier'. in my opinion it is a success. we can no longer hear them sneeezing (like loud screams) and grunting which we would have to put up with for most evenings. we used to be able to hear them talking clearly not much muffling at all. now it is only in the kitchen where we can sometimes hear talking as it;s not spundproofed. in our lounge we would hear the microwave door being slammed, the sound of rifling through the cuttlery draw etc. (all i may add i feel are reasonable noises to hear if you live in a poorly insulated flat)

    over the years we have asked them to address the excessive noise i.e. banging and thudding particularly around the children;s bedtimes and around the children in general. each time they have refused and we have seen an uptick in activity and realised that they were targeting certain times. the son of the owner of the flat also took it as an opportunity to start texting me i feel this is harassment but becasue there was no sexual or violent content enclosed and i hadnt replied asking him to stop the police said the couldnt help.

    in additon to the noise harassment and following which happpens every single day. the son of the owner of the flat upstairs has assaulted my partner - punched him to the ground out of the blue - after i decided two years prior we'd be better off just not engaging with them and ignoring them.

    around two years after he attacked my partner the son has also attacked me after coming to our font door in the early horus of the morning and kicking and banging it i opened it thinkingit was an emergency and someone i knew. my children were screaming and crying in their beds. the day after that as i rushed to the dentist i turned to also find him following me i had been frightened for a long time nby that oint worried that i would be attacked leaving my home (before soundproofing the son would frequently come running out of his property and leave at exatly the same time as i was leaving mine). most recently when me and my partner absloutely desperate to get them to leave us alone, after the police and council said they wouldnt help us, the son kicked me in my stomach after i stood waiting for them to answer the door when i rang their bell to ask tehm to stop banging. then on aanother occasion recently my partner went to ask them to stop as the chldren were frightened and couldnt hear their bedtime story because the banging was so bad the son beat my partner with the buckle end of a belt. after that incident i noticed that as soon as my partner left for work in the morning the son imediately came down the stoes from his flat and started walking quickly after my partner i calle dmy partner - afraid that he would be attacked.

    we have tried so many times to resolve this ourselves, with the help of the council and reporting each viloent incident to the police. we have worked tirelessy to gather evidence recordings and keeping diaries of the following and noise hrarssment. but no one will help us. the council said the dont helpw ith impact noise even though we have eplained that we have soundporrfed and are not complaining abot ordinary noises of living.

    we own our flat and they own theirs. our two small children are being impacted my son is afraid to be in a room by himself and my daughter is tfrequently distrubed while sleeping and has been upset at school as a direct result. we can not afford to move and i dont want to we live a few minutes walk from my childrens' school and cross rail which really helps me to stay in my job in the city and still look after the kids.

    we desperately need this to stop and im worried about the impact the harassment is having on my job and my family's wellbeing. is this omething that can be fast tracked through small claims or do i need apply to the court under one of the other acts?

    any guidance would be super appreciated.
    Tags: None

  • #2
    tag islandgirl can you assist?
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    • #3
      Hello - I am very sorry you are enduring this and appreciate that you have already tried to resolve matters with the council and the Police. I do not think small claims is any use to you as that route is mainly for recovering debts. My thoughts are:
      Leasehold flats: is there a managing agent? A residents' group? Any organisation linked to the flats you could get involved?
      Council: Contact your local councillor - they are there to help in situations like this and may be able to get the council teams involved
      Police - it seems strange that physical attacks have had no consequence thus far. I would be tempted to try to arrange a meeting with someone from the Police to discuss the issues. Harassment is a crime - but you must have a detailed record of events - times dates and incidents - to present. You may wish to approach a solicitor to explain the situation (most appointments are free for the first visit) and ask what they could do to help and how much it would cost - it may be worth the investment although if they suggest a "solicitor's letter" I would not bother - money for something which probably won't help - you are beyond letters if the situation is as bad as you say.
      MP - get your MP involved and see if they can push the Police to assist
      School - are there any professionals linked to school who could assist especially as sleep disruption is impacting the children
      Re following from room to room - how do they know you are in a certain room in order to follow you? if there is soundproofing then presumably "normal" living noises will not carry upstairs.
      What does the neighbour have to gain by this behaviour? Is there a motive or are they just difficult?

      Comment


      • #4
        Sorry for the situation you find yourself in, the Council really should be dealing with it, no excuses for not getting involved, regardless of it being 'private residential'.

        Have you been keeping a diary / gathering evidence? (no doubt you have been, the Council will have a record of your complaints)

        You might have to get a 'Court Injunction' to stop their 'harassment', you need seek advise from solicitors that deal with such matters, some Pro Bono advice.

        Comment


        • #5
          thank you for your replies. as time gooes on this is revealing its self to be such a nuanced situation and we are falling between the cracks of the various agencies. i'm worried if we go to a councillor/MP it will continue to be drawn out. if i go to the court myself then i can start to work to a resolution now.

          i have tried to summarise again below but it's turned out to be fairly long again. thank you for reading i have tried to answer your questions.

          two people live in the flat above. they are mother and son. the mother owns the flat. we own our flat. the bulding is small there are only three flats within it - it is a converted georgian house - the pokey small kind built in the east of london.

          re the following i can only assume that they listen very hard to us and the soundproofing reduced the normal noise we heard from them by about 70/80% we used be able to hear them talking actual words for example we no longer hear that. also the flats are small two bedrooms a lounge and a kitchen. i assume that because there are less of them in their home they can hear more noise - i notice a difference between when all four of us are in our home vs when its just me working alone at home.

          Police:
          - the son is responsible for the physical attacks we have struggled with witnesses. the street has been conveniently quiet when he has attacked... the police have said that we (me/partner) are not independent witnesses.
          - they do not see a way that they can verify who is doing the noise harassment.
          - although not solicited, they said that as the texts weren't violent etc. and i had not replied to them asking for him to stop texting me they arent considered to be harassment.
          - on intimidation/following outside of the flat - the police again said that he is entitled to leave his home when he likes again that is true but in conjunction with everythin else it is intimidating and has genuinely put us in fear of severe physical attack.
          - we have no phyisical eveidence of the mother harassing us and she has never attacked us physically. so they could only pursue the son if we could evidence everything to a level the crown would be happy with


          Council:
          they have receicved diaries from us and recordings
          they have sent letters on our behalf
          they refused to visit at paticular times to witness the noise depsite being told the nature of what is going. they were trying to treat it in the same way as a complaint about loud music i.e. it is going on all the time rather than recognising the insideousness of it.
          in the end they told us they will not help us because they dont deal with impact noise.
          i asked for a welfare check to be carried out as this feels as if there is an obsessive element to this - the following, it is daily, it is angry our children are targeted. they said i had to ask the police to do this. the police say they no longer do this and i have to the ambulance service...

          we have tried to bear with it becasue we were worried about how this would affect our resale and this flat is all we have. we have a young family 7yo and 4yo and i was thinking about their impact on their future.

          the council said we should go to the magistrates and look to pursue this under the environmental health act and from my goolge research i understood that we didnt need to pursue the sone indivudlly but could pursue the mohter as the owner of the property? but i just wanted to check if we should actually be trying under the private nuisance act.

          we desperatetly need a resolution to this i genuinely cannot put into words what it feels like to be stalked and harassed daily in our own home. my son cries if we walk out of the room and my daughter has now started wearing things to cover her ears while she is at home... as they get older we are not able to shield them from this anymore.

          i have paid £600 pounds already to be given banal advice that i could find on google and have spoken to solicitors who have refused to even give me a guide amount as to how much this could cost with them only saying it could extend in to the hundreds of thousands which i cannot risk. i will try my MP and coucillor

          Comment


          • #6
            I am sorry to hear about these issues. I think a local councillor may be able to help by advocating for you with Environmental health and getting personally involved with the council on your behalf. That is what they are there for. The attitude of the Police seems strange - however evidence is everything as you know and the CPS would not charge unless they have a very very good chance of a conviction. I honestly do not see how you can get magistrates to intervene. I have never in my many years in court seen such a private prosecution. Does not mean of course it cannot be done but you would most likely have to employ a solicitor and the cost will be very high even if you have enough evidence to win. I will tag Handy Andy who has lots of mags court experience in driving matters but who may have some ideas on this one. What do these people have to gain in driving you out I wonder? There may also be an expert here on Leasehold property - keep watching the thread

            Comment


            • #7
              islandgirl You’ve tagged a different HandyAndy - the one you intended is HandyAndy

              Comment


              • #8
                Posted for information only - https://vardags.com/law-guide/harass...nt-injunctions

                Comment


                • #9
                  Originally posted by Huxie View Post
                  islandgirl You’ve tagged a different HandyAndy - the one you intended is HandyAndy
                  Thank you Huxie - did that one in a rush and didn't check. Much appreciated. I know it is not Handy Andy's usual area but his knowledge of court seems wide and deep!

                  Comment


                  • #10
                    Thank you so much (@islandgirl, @Echat11, @Ula and @Huxie)
                    I have emailed my MP and am waiting for a response and will email my Councillor as well.
                    i will try and get an appointment with a senior Police officer as well. I'm not sure if it's because we live in a poor area and the police are dealing with antisocial behaviour and serious crime out on the streets, but there seemed to be a real lack of understanding about harassment and how what we're experiencing amounts to harassment.

                    i have no insight into this kind of thing plus i'm not big on grudges, but it feels very very obsessive from their end. sure they could just be really into to being mean but, it is so persistent and weird (the following from room to room, following the kids and trying to disturb their sleep i have wondered if there is some kind of mental health issue at play here, but again can get no support on that.

                    Comment


                    • #11
                      Originally posted by Patrice View Post
                      Thank you so much (@islandgirl, @Echat11, @Ula and @Huxie)
                      I have emailed my MP and am waiting for a response and will email my Councillor as well.
                      i will try and get an appointment with a senior Police officer as well. I'm not sure if it's because we live in a poor area and the police are dealing with antisocial behaviour and serious crime out on the streets, but there seemed to be a real lack of understanding about harassment and how what we're experiencing amounts to harassment.

                      i have no insight into this kind of thing plus i'm not big on grudges, but it feels very very obsessive from their end. sure they could just be really into to being mean but, it is so persistent and weird (the following from room to room, following the kids and trying to disturb their sleep i have wondered if there is some kind of mental health issue at play here, but again can get no support on that.
                      You need to be persistent, don't be put off by the word 'No', you and your family should be able to live your day to day life without fear and in peace.

                      Update the thread when you need to.

                      Comment


                      • #12
                        Hi all, a waiting on a response from the council. my councillor got back to me pretty quickly and our stiuation has been flagged for review. but i was also in touch with a legal firm. All sounded great from the chat with the paralegal and then today they said they wouldn't be able to represent us.

                        we are now thinking about going it alone at the majistrates as we really desperately need to stop this. but we're a bit concerned that being laymen will be detrimental here.

                        we have found an acoustic engineer who would be happy to install recording equipment in our home so that we can gather the evidence in a more robust way and provide a report. i also wondered if it would be wortwhile having him inspect our soundproofing to provide a professional opinion as part of our evidence.

                        would it would be a total mistake to try and address this in court without representation or should we contintue to try and find a firm to help us.

                        all thoughts welcome and thanks in advance

                        Comment

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