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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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we are having trouble with noise from one of our neighbours.

Customer Question

we are having trouble with noise from one of our neighbours. we have told them a few months ago that the noise coming from our area wasn't us, it was the neighbour the other side of us. since then, this person has been hitting our walls day and night with a hammer. we have taken advice from all sources that we can think of, but without proof, they cannot help. can you advice
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

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. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Have you also spoken to the Council please?

JACUSTOMER-9aesgcoq- :

yes I have spoken to the council about it

Alex Watts :

Are they not willing to install noise monitoring equipment?

JACUSTOMER-9aesgcoq- :

they did last year, but insufficient evidence to take it any further

Alex Watts :

I see.

Alex Watts :

You can take proceedings and seek an injunction,

Alex Watts :

But in order to get an injunction you need evidence.

Alex Watts :

You need to start keeping a diary of what happens and when

Alex Watts :

You would not get legal aid for this and have to pay yourself - if you win though you can seek costs

Alex Watts :

The Court would list it for an initial hearing.

Alex Watts :

The Court would then decide if the matter is contested to set it down for trial for a final hearing.

Alex Watts :

In the meantime the Court would consider whether to make an interim injunction.

Alex Watts :

But this is what you can do to issue proceedings.

Alex Watts :

But you would need to convince the Judge, on balance that the noise is there and caused by the neighbours.

Alex Watts :

It will all come down to evidence.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-9aesgcoq- :

we have kept a diary. but because of the location of their garden, we cannot put up servalance cameras

Alex Watts :

Ok.

Alex Watts :

But you can use the diary as evidence.

Alex Watts :

Can I clarify anything?

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