How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I live on the ground floor of a converted house. My

Resolved Question:

i live on the ground floor of a converted house. My neighbour lives in the upstairs, the back garden for him is towards the back, while my garden comes from my back door. My not so neighbourly uses my garden and conservarory roof as an ash tray as they when finished smoking discard the butts into my garden. i have challenged him on a number of occassions only to be told it must be his 17 year old daughter and he will have a word.
but it still happens. I feel they have total disregard and i am powerless to do anything. The property is not rented i own the bottom and the freehold and he has upstairs on a long lease.
REGARDS
HARRY
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello Harry my name is ***** ***** I will help you with this.

Just to be clear, how old is the person doing this?
Alex

Customer: replied 1 year ago.
sorry i am at work so cannot take calls.... i am 61 and live upstairs are about 40 - husband and wife and they have a girl who must be nearly 18 and 3 sons aged 4 - 8the only smokers in the house are the wife and daughter.regardsh
Expert:  Ash replied 1 year ago.

Ok - so the people do this are 18+ ?

Customer: replied 1 year ago.
i believe so - but the daughter may not be quite 18 - they moved in 2 years ago on june 12th - a week later the daughter had a 16th party as it was a bit loud.h
Expert:  Ash replied 1 year ago.

Ok. You need to write and ask them to stop dropped the cigarettes and general anti social behaviour or say you will seek a court injunction. You may be better off send in this from a solicitor.

If they continue then you can seek a court order. You would need to complete forms N1

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n001-eng.pdf

And n16a

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n016a-eng.pdf

The court will list the matter for a hearing and decide whether to make an order stopping them doing these anti social acts.

If the court does and they continue then this could be contempt of court and they could be warned, fined or sent to prison.

Can I clarify anything for you about this today please?

Alex

Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
that's fine thanks - gives me something to move on you have been very helpful.regards