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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I have noisey and disturbing neighbours I need to take further

Resolved Question:

I have noisey and disturbing neighbours I need to take further action what are my options
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is***** am a solicitor and I am happy to help you today. What have they said when you have told them that the noise is disturbing you?
Customer: replied 1 year ago.
They have used rude and disturbing language towards us and have told us to go away. As for environmental health they keep logging the complaints as do 101 but after 7 months nothing has been done and nothing has changed. Regularly there is a strong smell of cannibis from the flat too almost every day
Expert:  Jenny replied 1 year ago.
Hello Anna, your other option would be to take action in the law of nuisance. You would need to send them a letter before setting out the complaints you have and saying that it is disturbing your quiet enjoyment of your property and that unless it stops you will take action in the county court. You should keep a diary of all of the issues to use if it does get that far. If you have household insurance it may contain free legal advice cover this is worth a look at as you may be able to get free support of a solicitor. If you have any further questions about this please do ask. Otherwise 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.
We have written them letters and it has not made any difference. So how would I go about court that you mentioned
Expert:  Jenny replied 1 year ago.
have you actually said if there is no response you will submit a claim?
Customer: replied 1 year ago.
Yes we have said to them in our last letter which was dated last Monday that if we don't get a response we will have to pursue the issue further with the courts
Expert:  Jenny replied 1 year ago.
Does your letter state the remedy you are seeking i.e. financial compensation or injunctive relief (to stop them from doing it in the future)?
Customer: replied 1 year ago.
No however we stated that we would take them to court over it due to the amount of noise levels they regularly make we have noise recordings and a diary going back four months including them breaking a window and churning up the front lawn
Expert:  Jenny replied 1 year ago.
Ok well the procedure is to lodge a claim form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdfat your local county court. There will be a court fee attached to this which is currently £280. Your claim should state the remedy you seek which would most likely be an injunction to prevent the noise and other nuisances from continuing. It is worth considering seeking a free consultation with a local litigation solicitor before proceeding as these are not easy claims to pursue but, of course, you can go it alone if you wish. 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.
Expert:  Jenny replied 1 year ago.
Hello Anna is there anything further you would like to know?
Customer: replied 1 year ago.
If we sent them another letter out stating that we would be looking at taking them to court stating what for would we then have to sign our names. Other residents in the block of flats have the same issue with them so could we sign it from the residents of the block. Also we have no CCTV in or around our block of flats nor do we have a call entry/buzzer system so anyone can walk in. They bring drug dealers in and they vandalise the communal areas too management company have taken no action with this would a letter to the local council be appropriate in this case in order for this to be resolved
Expert:  Jenny replied 1 year ago.
In order to take court action you would have to be identifiable in your correspondence. You could bring action as a group of residents if the other residents also agreed.Have you considered writing to your local MP as well as the council who should assist you if this is happening on council property?I would suggest you phone the switch board of the local council and ask to speak to the relevant officer who deals with this kind of complaint.Please do let me know if you need further information.I would be grateful if if you would rate the answer before leaving the site as I am not otherwise paid for working on this question.
Expert:  Jenny replied 1 year ago.
Hi Anna is there anything further you would like to know?
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