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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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After listening to our neighbour play very loud music from

Resolved Question:

After listening to our neighbour play very loud music from her conservatory with doors open and not able to enjoy sitting in our garden we took out a Noise Abatement order 4 weeks ago (reluctantly as we have been trying to sell our house for the last 2 years) she still snubs this as she only does it from 9am to 5pm twice a week or when she takes a week's holiday. When she found out we had taken the order out she sent out selling agent a letter telling them they had a legal obligation to tell prospective buyers and threatening us that if we took it further they would put it in the Property Searchers public domain even blaming out other neighbours who also complained to the Environmental Health for the fact that we would not be able to sell our house now! I have returned the filled in form detailing when the noise can be heard loudly (every night inside also). They have consistently harassed us & we know she had problems with previous neighbours. She also threatened to report my partner to the Inland Revenue for running a furniture business from his shed which is absolutely ludicrous! We are both in our 70's & their behaviour, especially hers, is making us ill & we don't know which way to turn as they both know how to play the system. We live on the coast where there are very few houses but noise travels in the quietness & she takes advantage of this having a large garden whereas we live in the middle of the 4terrace houses with much smaller gardens & cannot sit out to enjoy the peace we came for 14 years ago. We just want to move but don't know what to do now. Please help.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : What is it you want to achieve please ?
JACUSTOMER-a1id6clb- :

So sorry I have not been able to "chat" with you further re my problem but had to go out and was not back until late. Will try to catch up with you this pm.

Customer:

Still waiting to finish my chat with you Alex as not had any positive response to my problem with having to go out. Any idea when you would be available?

Alex Watts :

I have asked what is it you would like to achieve?

Customer:

Have we any other redress under the law to stop these neighbours harassing us further?

Alex Watts :

You are being harassed, is that right? Have you complained to the Police yourself?

Customer:

Yes we had an incident 2 years ago with them but they harass us with their music.

Alex Watts :

Ok - you can consider an injunction to prevent harassment. This is under the Protection From Harassment Act

Alex Watts :

You would need to complete form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And N16a http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

Alex Watts :

The Court will then list the matter for hearing and decide whether to make an order

Alex Watts :

You would ask for an injunction that they do not directly or indirectly contact you in any way

Alex Watts :

The Court will list the matter for hearing and decide whether to make an order

Alex Watts :

If the Court makes an order and they breach it, they are in contempt of Court

Alex Watts :

Then you can make an application to commit to prison

Alex Watts :

The Court can warn, fine or send them to prison if breache

Alex Watts :

But if you get an order for an injunction preventing contact, this should stop everything

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

That tells me what I need to know at present. I have just had a lady from the Environmental Services on the line who is wanting to also come & set up equipment to listen to how loud they play their music so will see how that goes. Many thanks

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