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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69361
Experience:  Over 5 years in practice
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My sleep has been disturbed for over 5 months by inconsiderate

Customer Question

My sleep has been disturbed for over 5 months by inconsiderate Care Home owners. Environmental Health became involved recently, but my and my wifes health was effected by lack of notice given until EH became involved. I wish to recover compensation from the Care Home owner.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

What exactly did they do that caused this?

What did EH say/do?
Customer: replied 2 years ago.

After 5 months of sleep deprived nights, and four letters to the care home asking for help, I discovered I had a way through EH to deal with the matter. Within 2 weeks of EH being involved, the care home were served with a formal abate order, and within 3 weeks, the care home fitted a silencer to the tumble drier (the offending device).


If the Care Home had simply listened to my complaint, first given in Oct 2013, this would have been avoided.


However, no doubt that 5 months of sleepless nights, and day time tension have taken there toll, and I believe the Care Home are due to pay compensation. As yet they even have not had the courtesy to apologise.

Expert:  Jo C. replied 2 years ago.
Thank you.

You have a claim in common-law nuisance although such a claim is not something that you would be able to get a solicitor deal with unless you are paying their costs and the compensation that you would get would be nominal (perhaps a few hundred pounds) at best.

There is no reason however why you cannot issue small claims court proceedings for an amount of money to be decided.

You are going to need a copy of the abatement notice from the local authority to prove that there was an actionable nuisance.

You do have a claim but it is not going to be an easy claim and it is not going to be particularly financially lucrative so it really depends on whether you want further tension and time going through a court case. That decision is yours.

Can I clarify anything for you?

Jo

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