What Can You Do About Nuisance Neighbours?

Any distraction to the enjoyment of your own home can be draining, stressful and consuming. However, when the nuisance relates to your neighbours, the emotional distress can be second to none. The ideal perception of warm and respectful neighbours is one that accompanies visions of most ideal homes, and so when this is not realised, rectifying a situation becomes an urgent undertaking.

Although problems with nuisance neighbours may seem small in comparison to other legal issues, the implications of not feeling at ease in your own home can be extensive. There are a variety of approaches that a person can take in order to address concerns. The following article helps to explain the avenues that a person might take to rectify problems with nuisance neighbours.

The informal approach

In some cases, the disturbances caused by nuisance neighbours may be an unintentional oversight or the extent of disturbances such as noise and clutter may not have been acknowledged. With that in mind, an informal approach of discussing concerns face to face may be all that is needed to resolve the problem. If you approach concerns in a friendly manner, your neighbour is likely to reflect your mood and so problems should not escalate into aggressive confrontations. Patiently explain what it is that your neighbour does to upset you and ask if they would mind changing their actions or reviewing their behaviour.

If you are nervous about the response that your neighbour might give you, seek support from other neighbours who may share your concerns. Alternatively, write a letter to your nuisance neighbour, being sure to adopt a friendly and polite tone. Explain that you are concerned about causing further upset and that you'd like to remain on amicable terms.

Gaining assistance from the local authority

Unfortunately, the friendly and informal approach may not be effective in all cases and so it may become necessary to seek external support in addressing the problem. The local council's environmental health department should be able to offer you support in rectifying nuisance neighbour activity, before having to make the matter a legal one. Local authorities have the power to deal with statutory nuisances such as excessive noise, vibrations, smoke and animals that are being kept outside. The council will liaise with you to determine whether the matter is within their remit and whether you have just cause for making a complaint.

The council will be able to monitor your concerns by leaving equipment in your property which tracks the amount of noise and disturbance you suffer from because of the activity of your neighbours. This helps to offer evidence of nuisance behaviour and supports your grounds for making a complaint.

The action that the local council takes will vary from writing a letter to highlight the concerns of neighbours (your name will not be given) or by hiring a council mediator to liaise with both parties. If the council agrees that you have grounds for a statutory nuisance complaint, they will issue your neighbour with an abatement notice, which details the activity that the neighbour must cease to partake in. If the neighbour does not comply with the notice, they are liable to face criminal sanctions and fines. Should the behaviour continue, the case may progress to court where you are likely to be required to attend to give evidence alongside council representatives.

Gaining assistance from the police

Some cases may be outside of the remit of local council assistance. Furthermore, if the behaviour of your neighbour poses an imminent threat to you, your property or those living in your home, it may become necessary to gain police support. A verbal warning from a police officer may serve to stop the neighbour from conducting the nuisance activity. It is wise to maintain a log of all activity that is causing you suffering and be sure to note the involvement of any other parties, such as the police.

If three police warnings have failed to have an impact on the behaviour of a nuisance neighbour, you may be in a position to seek legal advice with regards to a claim under the Protection from Harassment Act 1997.

If police involvement fails to affect the behaviour of your neighbour, taking legal action may be necessary, which could then involve a court case.

Escalating problems to legal cases

There are a number of acts that serve to protect individuals from antisocial and nuisance behaviour. A solicitor will be able to assist you in determining the type of case that you have against your neighbour. A Magistrate's court is likely to hear your case and you will be responsible for providing the court with evidence of your claim. This will include reports from external parties, your log and any photographic or recorded evidence of the nuisance behaviour.

In order to escalate the matter to a legal level, the nuisance neighbour should be informed in writing of your intention to further your complaint. The neighbour can then respond to your letter by changing their behaviour or defending themselves. If the behaviour continues or the letter is ignored, the court date will be forwarded to the neighbour and they will be summoned to the hearing.

Court action

If your case does reach court, you will be required to give evidence in support of your claim. Any witnesses or external parties will also be called to give evidence. The nuisance neighbour will be given the opportunity to produce their own evidence and cross examine you and any witnesses. Your log will serve as an imperative piece of evidence in support of your claims and will help you to defend any points raised by the neighbour.

If the court rules in your favour, the neighbour will be ordered to cease in their unacceptable behaviour and activity. The court also has the power to impose a fine on the neighbour of up to £2,000. If the court rulings are ignored, further court action will be taken against the neighbour and further fines may be imposed, or in extreme instances, the neighbour may face a prison sentence.