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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I am building a bungalow and the neighbours keep making unfounded

Customer Question

I am building a bungalow and the neighbours keep making unfounded complaints to the local authorities..health and safety, planning, tree preservation etc. this is causing me stress and taking time and money to deal with. How can I legally stop him?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know how many instances there have been?
JACUSTOMER-hu62g6ko- : Numerous including blatant lies in front of witnesses
Alex Watts : Ok, how many times?
JACUSTOMER-hu62g6ko- : Minimum of 10. This varies from personal allegations which we ave been ignoring to reporting us for building the bungalow in the wrong position. ..which was proved to be in the correct position.
JACUSTOMER-hu62g6ko- : Some of the allegations have resulted in us having to spend a lot of time in proving that we are in the right.
JACUSTOMER-hu62g6ko- : At a full planning committee meeting he accused us of lying about being on holiday to get the meeting moved to our advantage and said that we were on the site...completely untrue ...we were in Florida.
JACUSTOMER-hu62g6ko- : Unfortunately he was allowed to speak for 5 minutes and we could not cross examine him
JACUSTOMER-hu62g6ko- : he has reported us to health and safety..again we were doing everything we should do. He has had enforcement officers out bad they have found no problem. He has had tree preservation officers out...no problem. He threatened the council with the ombudsman which they did not take kindly too but their hands are tied. If he makes a complaint they have to look into it
Alex Watts : Have you complained to the Police?
JACUSTOMER-hu62g6ko- : No...what could they do?
JACUSTOMER-hu62g6ko- : what crime is he committing?
JACUSTOMER-hu62g6ko- : we need to start a legal process. Harassment? Libel?. Slander?
JACUSTOMER-hu62g6ko- : Demand compensation for time and costs involved in fighting these allegations?
JACUSTOMER-hu62g6ko- : this is why I have contacted you..to get an idea of how to get it to stop as basically this is a form of bullying..once bullies have some body stand up to them they normally back off ..but we want to be sure of going the correct legal route
Alex Watts :

Potentially its harassment.

Alex Watts :

However what you can do is seek an injunction for harassment.

Alex Watts :

You would need to get a Solicitor to first write a letter and warn your neighbour to stop or say you will go to Court.

Alex Watts :

If he refuses then you can issue proceedings for an injunction against harassment.

Alex Watts :

You would need to complete forms N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And Form N16a

Alex Watts :

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

Alex Watts :

Submit these to the Court who would then list the matter for a hearing and decide whether to make an injunction

Alex Watts :

If the matter is contested the Judge will set it down for a final hearing and decide whether to grant an interim injunction. If the matter is not contested the Judge can make the order final.

Alex Watts :

Once the neighbour has been served with the injunction it becomes binding and if breached can be contempt of Court which he can be warned, fined or sent to prison

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-hu62g6ko- : Thank you for that. This is what we thought. What can we do about the blatent lies ..slander?
JACUSTOMER-hu62g6ko- : And the libel. Do we mention this all in the same letter.
Alex Watts : Does that help?
Alex Watts :


If this answers your question could I invite you rate my answer before you leave today.


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