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

Past 14 months the neighbour who lives above my flat is

Resolved Question:

hi. For the past 14 months the neighbour who lives above my flat is treating my family with variety of behaviours that upset us and cause a lot of stress to my children. They are bigger than our family and we previously had to speak to them to try to keep noise level down in the evening to allow kids to sleep. The person who is taking care of this flat in absence of the landlord( lives in Ghana) came over sat with us and the other family and the problem has resolved for few months . Unfortunately for us the tenant in the flat above my noisy neighbours has changed and our nightmare began. family that lives with on top floor flat above the noisy neighbour has two boys who are running and being boys . This apparently causes the noisy neighbour to repeatedly hit her floor( my ceiling ), hammer the floor , drop heave furniture whenever she is upset or whenever she feels like . I have on-going case for months and months with council now . They have witnessed few times last year and served abatement notice but they don't comply with it . I have called police several times when they did this to us during the night . additionally to that the mas kicked my door, she poured the water over me when I rang her bell to speak to her, she spits under my feet when I walk and he called me prostitute in front of kids . I reported this to police few times now and NOTHING is happening . there is no improvement . My stress levels are so high up now that I cannot function . My little daughter keeps crying when that woman hits the floor . The noise is unbearable and at such a volume that we cannot talk , watch tv or anything else . It is very sudden , it scares kids and makes me shake . We are working parents , and our first nanny left because of this reason . This is the second one , but my nasty neighbour pushed her in front of the block and she is also afraid and wanted to leave. I have reported all of this to Police but NOTHING happens . some police officers are more compassionate but all of them say , there is nothing I can do. I tried following institutions to sort this out: Council, safer neighbourhood team, mediation, block association , their landlord, local MP, police . I am collecting money to move out but still not enough to buy anything. This situation forces me to move out from my own home .I am really desperate for advice that can make a change .
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

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

What is it you want to achieve please? Why wont the Police do anything?
Alex

Customer: replied 1 year ago.
Police keep saying that this is not harassment , but council case for the noise
Expert:  Ash replied 1 year ago.

OK - is it all coming from the property?

Customer: replied 1 year ago.
The noise is coming from property above mine . I am not the only person affected as other neighbours can hear it as well, but it has the worst impact on my house
Expert:  Ash replied 1 year ago.

Ok - wont the Council get a noise abatement order?

Customer: replied 1 year ago.
they did that in January this year , however this family is not complying with it
Customer: replied 1 year ago.
We kept calling council to come and witness the noise . they did couple of visits to us , on one or two occasions they have noted something but they don't want to get involved . They told me that they have no resources to commit.
Expert:  Ash replied 1 year ago.

Have they ever installed noise monitoring equipment?

Customer: replied 1 year ago.
They refused to do that , they said that this will not serve as a evidence in the court. I offered to record this on my home nanny camera and they said no . They say someone can be banging from the other room.
.
Customer: replied 1 year ago.
I went twice to see the council people and they told me in nice language to get off their case.
Customer: replied 1 year ago.
recently they committed to formally interviewing adults allegedly making noises . this was month ago and they have not done that . I am seeking regular updates from them , but it feels most of the time that I am chasing them.
Expert:  Ash replied 1 year ago.

Ok - I would speak to Environmental Health or the Chief Officers Office at the Council.

They should come out and install noise equipment. If they refuse then you can complain to the Local government Ombudsman.

They offer a free, independent service and can examine your complaint for free: www.lgo.org.uk

Or you can consider proceedings for noise and harassment against these neighbours yourself.

You would need to issue proceedings using form 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 hearing and decide whether to make an order stopping them being noisy and harassing you.

If the Court makes the order and they break it, this is contempt of Court which they could be warned, fined or sent to prison

Can I clarify anything for you about this today please?
Alex

Customer: replied 1 year ago.
DO I need assistance of the solicitor if I go for the legal way ?
Expert:  Ash replied 1 year ago.

You may wish to have a Solicitor but if you win you can claim these costs back.

Does that clarify? Alex

Customer: replied 1 year ago.
With a case like this is it likely that I win ? If I loose , what cost I am looking at ? I will have to pay for the proceedings isn't?
Expert:  Ash replied 1 year ago.

If you have the evidence yes you should win.

You have to pay the legal proceedings yes, unless you get fee remission from the Courts.

Does that clarify? Alex

Customer: replied 1 year ago.
What evidence the court requires for me to present . Is it recording that would be sufficient? Is it notice from the council that was served to these people . Where can I find out about the cost in case I loose ?
Expert:  Ash replied 1 year ago.

Yes. Recordings, diary sheets when it occurred, any witnesses etc.

If you lose you would be liable for legal costs of the other side.

Does that help? Alex

Customer: replied 1 year ago.
Can you direct me where I can find out about the cost . It is important because I cannot afford to waste money if I don't know if I can win this with evidence I have
Customer: replied 1 year ago.
also can I take them to court under The Protection From Harassment Act 1997?
Expert:  Ash replied 1 year ago.

There is no place you can find out about cost.

If they defend it and they lose and the legal costs are £5000 - you could be ordered to pay that.

There is no place sadly.

If you have evidence then you are more likely to win.

Yes - Protection From Harassment Act 1997

Does that clarify? Alex

Customer: replied 1 year ago.
it does . Thank you.
Expert:  Ash replied 1 year ago.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Ash and other Law Specialists are ready to help you