How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

One of the tenants on site is causing a nuisance on site by

Resolved Question:

One of the tenants on site is causing a nuisance on site by allowing the private access road to be muddy/dusty. It really is very bad. There is nothing in the lease covering this so the other tenants want to take their own action. How is this done ?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is ***** ***** 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Is it a tenancy or lease? Does it have a clause saying not to cause noise or annoyance please?
Customer: It is a lease. There is no clause for nuisance. It would be the other tenants seeking the injunction not myself ??
Alex Watts : Against you?
Customer: No against the tenant causing the nuisance. They want him to stop causing the nuisance.
Alex Watts : Do you know why there is a no nuisance clause please?
Customer: The head lease to myself does not have this clause and the sublease to the tenants refers to the head lease. No reason there is no nuisance clause there just isn't.
Alex Watts : Ok.
Alex Watts : Its bad news I am afraid. You have no clause regarding noise or annoyance.
Alex Watts : Sadly therefore you can not bring a cause of action under contract.
Alex Watts : The tenants can't get an injunction as they have no power.
Alex Watts : If there is noise caused then sadly all you can do is complain to the council.
Alex Watts : They will install noise monitoring equipment which will record any noise.
Alex Watts : They council may then take action.
Alex Watts : But sadly the tenants can't take action because they have no power to do is as there is no clause in the lease.
Alex Watts : Can I clarify anything for you about this today please?
Customer: It is not noise. It is mud being deposited on the private access road that all the tenants use. The mud is bad when it is wet and it turns to clouds of dust when dry. Environmental health is looking into the dust problem. Most of the other tenants are garage companies car sales, sprayers motorcycle repair etc. The mud obviously makes every dirty and when dry the dust settles on everything. Cleaning is not an option as every time the bad tenants lorries pull in or out it occurs again. It is costing everybody else money to try and keep things clean is there any other civil action they can take to make him stop or make him pay for his actions. ??
Alex Watts :

Ok - then you can't take action on the tenancy.

Alex Watts :

You may be able to take action in terms of mud, but normally that you can only seek an injunction on nuisance.

Alex Watts :

That is noise, smells etc, deposit.

Alex Watts :

You could argue it was a deposit/

Alex Watts :

Therefore on that basis you could seek an injunction

Alex Watts :

Clearly they would need a Solicitor to draft proceedings and represent/

Alex Watts :

But this is a statutory nuisance and they can seek an injunction

Alex Watts :

Can I clarify anything for you?

Alex Watts :

For more info please see: https://www.gov.uk/statutory-nuisance

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions