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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47349
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi i live in a council block of flats with my husband who owns

Customer Question

Hi i live in a council block of flats with my husband who owns his flat in the block. The council has housed a troubled family in the flat above my husband's. The mother and 3 children make a lot of everyday noises such as persistant running about the flat day and late into the night, they slam doors, drop objects on the floor, drag around the furniture, drill and hammer quite a lot. We made complaints to the council. The family usually stops for maximum 3 months. The council does not take our complaint seriously. The persistant noises are affecting the quality of my health for 6 years now. 1. What else can we do? 2. Can i get a letter sent to this neighbour? 3. Is it advisable to take legal action against the council? Thank you.
Submitted: 4 years ago.
Category: Law
Expert:  Ben Jones replied 4 years ago.
Hello, my name is XXXXX XXXXX it is my pleasure to be able to assist with your question today. Please let me know why has the Council refused to take any action?
Customer: replied 4 years ago.


I do not know what was the outcome of the stage 2 complaint. The council never told me.


 


What the council does is to send her letters. The last complaint we made in writing was approx.4 months ago. The neighbourhood manager claimed that she paid the family a visit and that everything was fine, the woman had carpets on the floor and that the drilling and hammering were from the workmen. That was a lie because the men worked in the day, Mon. to Fri. not at nights and weekends.

Expert:  Ben Jones replied 4 years ago.
When a dispute arises with a neighbour then you would normally be expected to follow these steps in trying to resolve it:

1. Talk directly to the neighbours, even though it may not be possible to always do so, depending on the level of nuisance experienced
2. if this is in relation to a statutory nuisance, such as noise, then you would need to involve the Council
3. If things really do not improve then you can contact the police
4. Finally you can take legal action as a last resort

There is nothing stopping you from sending a letter directly to the neighbours and making your feelings and position clear to them. Try not to bombard them with letters though as they may try and claim that you are the one harassing them.

In terms of involving the Council, they will have a legal duty to investigate this and act if there is enough evidence to back up your complaints. However, this may often take a long time, especially when they try and determine the levels of noise you have been experiencing. In some cases they could try and monitor these and that will take time. They can eventually issue a noise abatement order which would force the neighbours to stop making nuisance noise or they will face further action, with breaches resulting in fines. If you are not satisfied with the Council's response to date you will need to pursue it through their own complaints procedure.

Legal action should only be used as a last resort, especially as it will cost money and the outcome is never guaranteed. As such I would advise you hold fire on that for the time being and try to resolve it through one of the other methods I mentioned above.

Please take a second to leave a positive rating as that is a very important part of our process. Your question will not close and I can continue providing further advice if necessary. Thank you
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Customer: replied 4 years ago.


For Ben Jones Only


 


Ben would you be able to send a letter to the neighbour for me when the noise level becomes unbearable and how much would that cost me? The noise level is slowly escalating, I may soon need the letter. How would I contact you again?

Expert:  Ben Jones replied 4 years ago.
I am afraid that we cannot send letters on your behalf - if you want a solicitor to do this then you need to formally engage one, which you cannot do through this website...Any High Street solicitor should be able to do this for you for a nominal fee.

You can always get back to me on here if necessary.

As your original question has been answered I would be grateful if you could please quickly rate my answer - it only takes a second to do. I can then continue providing further advice and answer follow up questions if needed. Thank you.
Customer: replied 4 years ago.


Thank you very much

Expert:  Ben Jones replied 4 years ago.
My pleasure and all the best for now