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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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My neighbour has regular bonfires weekly and smoke enters our

Resolved Question:

My neighbour has regular bonfires weekly and smoke enters our house. Sometimes its only small amounts but it lingers around. Enviromental health have been out but cant catch them at it. Should i take legal proceedings through a magistrates court.
I have written to the neighbours in the past but to no credible solution.
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. Have you asked them to stop the bonfires? Is it causing your property any damage or financial loss of any kind?
Customer: replied 1 year ago.
Yes, I have asked them to stop. Its not causing any damage to my property or financial loss. It just stops us using our garden for its intended purpose and enjoyment.
Also we have to shut windows to stop accrid smoke entering the house.
Expert:  Jenny replied 1 year ago.
If you would like to bring a claim against your neighbour the correct course of action would be to bring a claim in the County Court rather the magistrates court in the law of nuisance. You need to write a letter to your neighbour to say that you consider this activity interferes with your 'quiet enjoyment' of your property. You should state that you are unable to open windows or to sit in your garden due to the issue. You should give them 7 days to come up with a sensible solution. In reality it may be best to engage the help of a litigation solicitor to draft this letter and to lodge the claim on your behalf. If you have household insurance it may contain free legal expense insurance cover which is worth using if available. Good luck with this. If you have any further questions please do ask. if I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 1 year ago.
Thanks for the reply. I must say that I am not looking to gain financially out of the situation. All I want is for this behaviour to stop so that we can enjoy our house and surroundings for its intended pleasure and use.So your advice is basically a litigation solicitor who can write to them stating our grievance and see how we get on ??
Expert:  Jenny replied 1 year ago.
I just think that a solicitor's letter is more likely to get the desired result than anything else. A local litigation solicitor will not charge a great deal for this.
Jenny and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Jenny,Thanks for that. I am really happy with your advice !! I should of done it ages ago. Thanks again *****
Expert:  Jenny replied 1 year ago.
No problem, all the best with it. Really hope you sort it out!