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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70417
Experience:  Over 5 years in practice
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We live close to a racing stables and last 6 months

Customer Question

We live close to a racing stables and for the last 6 months or so we have been experiencing odours around our property which are unacceptable. We want to sell our property this year and fear the smell will put off potential purchasers. We e-mailed the owner 6 months ago and he said he would buy some lime and put it down to help the situation. The situation
hasn't improved and we are now in communication with environmental Health who want us to keep a diary. The area we live in is very much dependent on Racing and we don't know if they will do anything to help. We feel very helpless and would like to know if there is
anything in law that could help solve the situation.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Are you keeping a diary?
Customer: replied 1 year ago.
yes
Expert:  Jo C. replied 1 year ago.
Are you asking if they can act before you have done that?
Customer: replied 1 year ago.
No. I think they have visited the owner but not us. I want to know if they won't do anything are there any other avenues open
to us eg. environmental act ?
Customer: replied 1 year ago.
or if you can give us any advice on how to deal with Environmental Health. We have tried to keep the dispute friendly to date
but are concerned about the situation because we are not in control of our own destiny anymore.
Expert:  Jo C. replied 1 year ago.
They won't have been to see him if they haven't had a diary.If they do refuse to act then I suppose you could sue in private nuisance. You could also take out a private prosecution in statutory nuisance although there are costs risks in that and you bear the burden of the prosecutor.I would be guided by EH though. If they won't act then probably there is a good reason for it.Can I clarify anything for you? Jo
Customer: replied 1 year ago.
yes,, she did say she was going to see him on Monday but there has been no change with the smell..What are the costs involved in statutory nuisance? Do we have any rights as the current situation is a health hazard, will make it impossible to
use our outdoor space, and could devalue our property?
Expert:  Jo C. replied 1 year ago.
It is not all that expensive to issue.The problem is that if you lose you would end up paying their legal costs which would be substantial.I wouldn't advise it. If the council won't act there is usually a reason for it.