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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 72739
Experience:  Over 5 years in practice
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Is it possible for the owner of a freezer which causes vibration

Customer Question

Is it possible for the owner of a freezer which causes vibration in the flat below to be prosecuted for the distress caused to the occupier of the flat below
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 4 years ago.

My wife and I reside in a first floor tenant moved into the top floor flat above ours in April and since then my wife who has neurological nerve problems ...thin skin on legs has suffered from vibration above from the freezers and fridge.It appears the compressors never turn off and maybe the floor is uneven or the items are not level which might cause problems.The tenants are not cooperative as indeed isthe flat owner,the landlord although both items have been replaced at our cost

Expert:  Jo C. replied 4 years ago.
I am sorry but it is bad news.
There are obviously laws covering excessive noise. However, unfortunately, this is likely to be considered reasonable I'm afraid. I know that these appliances do make noise and it can be annoying but it is not something that would cause Environmental Health to act.
You are free to bring a private prosecution in nuisance. That is expensive and it would be irresponsible of me to tell you that there is any realistic chance of success I am afraid.
I'm very sorry but I have to give you truthful information.
Can I clarify anything for you?