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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Dear Sir/ Madam, My friends are living in a historic house

Customer Question

Dear Sir/ Madam,

My friends are living in a historic house that have bought from Barnet council (leaseholder). A field behind their house used to be used for park maintenance tools owned by council. The field now is rented to a tool hire company without informing my friends. Also for more than 20 years they have been using part of that field for parking their cars with council permission. The tool hire company moved there last week and making so much noise which is terribly disturbing my friends from 8:00 AM to 8:00 PM.

My friends need to know their rights regarding above matter:
1- Could council rent the field without informing them?
2- Could council rent the field for an industrial business?
3- Could council rent the field which is very close to an infants school?

We would greatly appreciate your advice.

Best regards
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

 

Hi there,

 

Thanks for your enquiry.

 

To enable me to answer you fully, could you please clarify the ownership of the Council. Are you saying that the Freehold of the house was sold to your friends by the Council and the Council retained ownership of the field?

 

Thanks

AL

Customer: replied 3 years ago.
Hi Mr. AL,
As I explained the house lease has been sold to my friends by Barnet Council. The mentioned field is behind their house and is separated by fences and my friends have had access to the field via 3 gates and used the part of it as parking with permission of council.

Best regards,

Gilda


Expert:  Ash replied 3 years ago.
Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.

I see the expert has opted out. Has planning permission been granted for the parking? Have you complained to Environmental Health yet?



Customer: replied 3 years ago.
Dear Ms. Watts,
I would appreciate if you read my question again. My question is not about planning permission for parking or anything like that.
Thanking you in advance.

Gilda
Expert:  Ash replied 3 years ago.
Yes but I wondered whether they had applied for change of use:

1- Could council rent the field without informing them?
2- Could council rent the field for an industrial business?
3- Could council rent the field which is very close to an infants school?

The answer is yes to all 3 of the above. However that is not to say that the Council should not take action for the noise etc. But there is nothing in law that means the Council can NOT rent the field.

If there is noise though that is called a statutory nuisance. This means you could complain to Environmental Health who could investigate and prosecute if they are causing noise pollution.

Or you could sue yourself and issue proceedings. You could seek an injunction to stop or limit noise to be below a certain level or within certain times. For this you would need a Solicitor to draft papers and present any argument in Court.

But you would need to complete form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and N16a http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

The Court will first list the matter for an interim hearing, if the other side do not object or fail to show then the Judge will be able to consider making any order final. If the matter is contested then the Judge will decide to timetable the matter and set it down for a trial. Then the only issue is whether to grant an interim order.

If an order is granted and breached then a Court can warn, fine or send the owners to prison.

If this answers your question, please take a moment before you leave and rate my service, which I hope has been excellent, it only takes a second and is an important part of the process. Otherwise if you need more information or help then please click reply. Alex


Expert:  Ash replied 3 years ago.
If I could invite you to rate my service before you leave today, hopefully it has been excellent. If you do need more help or information please click reply. Thanks – Alex.

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