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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have been having trouble with noisy neighbours. This has

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I have been having trouble with noisy neighbours. This has been ongoing for sometime I rent the property from a private landlord.The noise from the neighbours has had a serious impact on my quality of life.I have had to take time off work due to lack of sleep , and I,am on Prozac due to this problem. I have reported this situation to my Landlord and he sent a letter. The neighbours were quite for four days then the noise has started again, I have been in touch with the Landlord again but he hasn't gotten back to me . I don't think the Landlord has taken the matter seriously. What action can I take against the Landlord if he doesn't resolve this matter
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask if the neighbours also rent from your landlord or if they have no relationship to him please?What kind of noise are you experiencing? In particular would I be correct to assume that it is unreasonable behaviour that is causing the noise as opposed to them just going about the normal business but there is poor sound proofing between the properties?
Customer: replied 1 year ago.

The Neighbours also rent privately, the noise is of using food mixers a child running around loudly and running a bath.This is between 10 p.m and 1 a.m , also this is so loud the person in the flat below me has been woken up by this.

Expert:  Joshua replied 1 year ago.
Thank you. Finally could you tell me when your tenancy agreement fixed term comes to an end?Is your preference to move to a quieter property ideally or remain and seek to have the noise reduced?
Customer: replied 1 year ago.

September 2015, I have been here for three years . I wish to remain in the property.

Expert:  Joshua replied 1 year ago.
Thank you. The situation you find yourself in is potentially difficult to handle. It would be very straightforward if the noise was a result of unsociable or unreasonable behaviour by the neighbours as you can claim statutory nuisance (more on this below but if it is the result of the family going about their normal business and a child is making noise at night, this is difficult to take action against because of a significant legal ruling. The House of Lords decided in 1999 in the case of London Borough of Southwark v Mills and Baxter v London Borough of Camden that one cannot be liable to a neighbour who is disturbed by the ordinary and reasonable activities of a neighbouring tenant because of inadequate sound insulation between the properties. Accordingly you would need to be able to show that the noise is the result of unreasonable activities or behaviour in order to take action against them for nuisance. I you can show this you can ask the local authority's environmental health team to carry out an inspection. They may provide you with sound monitoring equipment in order to collect evidence. If they find there is a nuisance Environmental Protection Act for noise abatement. if the tenant ignores the notice the notice will advise that the council can prosecute. An alternative approach is to take action under the Housing Act against your landlord under the HHSRS regulations which require that your home is must provide adequate insulation from external noise. You can ask the local authority to carry out an HHSRS inspection and if they find the property does not have adequate noise protection from next door they can serve an improvement notice on the landlord which the landlord must either comply with or appeal. This could order the landlord to improve the sound insulation between the properties. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me.
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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