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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Is it my legal and or human rights to expect piece and quiet

Customer Question

is it my legal and or human rights to expect piece and quiet in my home and is there such a thing as acceptable background noise from your neighbours if so what is it
Submitted: 8 months ago.
Category: Law
Expert:  Ash replied 8 months ago.
Hello my name is ***** ***** I will help you.Could you please explain your situation a little more?
Customer: replied 8 months ago.
i am having noise issues with my neighbours who work shifts and get up around 03.30 mon to fri they bang up and down stairs slam doors dark barking.then when they are home in an evening there tv is up far to loud that i now what they are watching when it goes to adverts and it can be heard above my own tv forcing me to turn it up louder than i want to drown out theres
Expert:  Ash replied 8 months ago.
Do they rent or own outright?
Customer: replied 8 months ago.
Privately rent I am council
Expert:  Ash replied 8 months ago.
There is no Human Right, that is because Humans Rights are only against public bodies such as government departments.However what you should do is complain to Environmental Health at the Council. They can install noise monitoring equipment and then prosecute where necessary if it is noisy.You can take civil proceedings yourself but would need evidence, such as noise equipment. If you do want to issue proceedings you would need to complete form N1:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdfAnd N16ahttp://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdfThe court would list the matter down and decide whether to make an order that they are quiet. If the Court does and they breach it, this is contempt of Court which they can be warned, fined or sent to prison.Clearly there is a cost to this, so I would try the Council first, as this is a free option and they should be able to help.Can I clarify anything for you about this today please?Alex
Customer: replied 8 months ago.
What is deemed acceptable background noise
Expert:  Ash replied 8 months ago.
You need to check with the Council as it varies from Council to Council
Expert:  Ash replied 8 months ago.
Does that clarify? Alex
Customer: replied 8 months ago.
But if I find it annoying surely that is unacceptable I'm not getting the peace and enjoyment of my home as set out in tenants agreement or covenant
Expert:  Ash replied 8 months ago.
I agree, but you need some documentary evidence. That is why you need to speak to Environmental Health to install noise monitoring equipment. That is how the process starts.Even if you want to take civil action, you can but there is a cost and you would also need evidence
Expert:  Ash replied 8 months ago.
Does that clarify? Alex
Customer: replied 8 months ago.
But the council could say it's ok even though another council could say it's not acceptable it seems to be to much of a grey area it's open to to much interpretation depending on who comes out on the day and it's there opinion that counts over mine even though I live in te house and have to put up with noise
Expert:  Ash replied 8 months ago.
It does, but for example Birmingham City Council would have a different level to a rural location because of the nature of one is a city. But complain to the Council as they can install the noise equipment.
Expert:  Ash replied 8 months ago.
Can I clarify anything else for you? Alex

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