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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am having trouble with my neighbor regarding noise nuisance.

Resolved Question:

I am having trouble with my neighbor regarding noise nuisance. What can I do about it?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Could you please explain your situation a little more?Alex
Customer: replied 1 year ago.
I am a tenant living in social housing. I am having his eyes with my neighbor. Apparently, I have been told that I cannot do anything about anything that has happened in the past. The problem is people coming into the flat, getting very rowdy and drunk (sometimes they do this outside in the communal area and you can hear it quite a distance away). I have had problems with loud music being played but this has not happened in the last three months. Environmental health and Safer Partnership team are unwilling to do anything as are my landlord. I understand that some properties aren't very well soundproof and noise from daily living will be heard but this is unreasonable noise. I'd like to know if there is a law that protects tenants regarding the right to peace and any other rights I may have.Thanks
Expert:  Ash replied 1 year ago.
Is he a council or housing association tenant? Why are environmental health not doing anything about it?
Customer: replied 1 year ago.
Housing Association. Environmental health say there is very little they can do about noise from people.
Expert:  Ash replied 1 year ago.
Have they ever installed noise monitoring at your property?
Customer: replied 1 year ago.
They never bothered. They should have done because when they originally wrote to me they said they would do this but it never happened.
Expert:  Ash replied 1 year ago.
Ok, you should write to the chief officer of the council and make a formal complaint. That office will investigate and report back to you. They should then install it and take action if necessary.If they still don't you can complain to the local government ombudsman. They are Indepednent of the council and can examine your complaint for free at www.lgo.org.ukOr you can take action yourself, but you would need evidence of the noise, such as a dairy etc. Showing when it happened and when You would need to complete form n1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdfThe court would list the matter for hearing and decide whether to make an order requiring the noise to be stopped or reduced.If the court and the neighbour refuses this is contempt of court. Which they can be warned, fined or sent to prisonCan I clairfy anything for you about this today please?Alex
Customer: replied 1 year ago.
That all sounds reasonable. I was just wondering how the law protects me in regards ***** ***** and quiet? Are there time restrictions on noise in a residential area still? Being disabled the noise does affect me more.
Expert:  Ash replied 1 year ago.
There are levels which the council need to consider. If it's above a certain level it's a statutory nuisance. Below that it is not and in that case there is nothing you can do. It's all to do with the Decibel level.
Expert:  Ash replied 1 year ago.
Can I clarify anything else?Alex
Customer: replied 1 year ago.
Would you happen to know what the decibal range is?
Expert:  Ash replied 1 year ago.
In the United Kingdom The ACT (Environment Protection Act of 1997) sets out seven zones for the purposes of acceptable noise. Daytime (between 7am and 10pm for Mondays to Saturdays or 8am to 10pm on Sundays and public levels):Zone A (industrial areas): 65 dB(A);Zone B (city and town centres): 60 dB(A);Zone C (group centres, office areas and the Parliamentary triangle): 55 dB(A);Zone D (commercial areas) and Zone E (broadacre and recreation areas): 50 dB(A);Zone G (residential and all other areas): 45 dB(A).Nighttime (between 10pm and 7am for Mondays to Saturdays or 10pm to 8am Sundays and public holidays). The treshold is in general lowered by 10 dB(A) in comparison to daytime levels. The exception is Zone D, which is lowered by 15 dB(A):Zone A (industrial areas): 55 dB(A);Zone B (city and town centres): 50 dB(A);Zone C (group centres, office areas and the Parliamentary triangle): 45 dB(A);Zone D (commercial areas): 34 dB(A);Zone E (broadacre and recreation areas): 40 dB(A);Zone G (residential and all other areas): 35 dB(A).
Expert:  Ash replied 1 year ago.
Does that clarify?Alex
Customer: replied 1 year ago.
Yes. You have been very helpful.
Expert:  Ash replied 1 year ago.
Good luck
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.If you don't rate then the site does not pay me for the time I have spent answering your question.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer: replied 1 year ago.
How do I rate you?
Expert:  Ash replied 1 year ago.
you should be able to click on the stars or happy face.
Expert:  Ash replied 1 year ago.
Let me know if you can't see it.Alex
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