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JGM, Solicitor
Category: Law
Satisfied Customers: 12088
Experience:  30 years as a practising solicitor.
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I am a home owner and live next to a very noisy person who

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I am a home owner and live next to a very noisy person who live at night and sleeps during the day. My health has deteriorated and I will go to the doctor's to get some anti depressant. I am so stressed and tired.The police has issued their final warning to him as he smokes drugs and the smell filters through to my child's bedroom. As for the noise the council has sent 10 letters to him since 2010( approx). An environmental officer came twice to listen to the noise and said my complaint was justified. The letters the council has sent prompted my neighbour to end the noise for a period of time and start again. The council said that because the noise was not continuous and had breaks in between they could not issue an abatement. I have lived like this for over 5 years now and I am at the end. We suspect he is not continuously making noise once a letter sent out in order to avoid the abatement. All these matters have been documented by the council and myself and the police. Could I sue my neighbour? the house belongs to his parents
Thank you for your question.
You can sue your neighbour for nuisance and ask the court for an order preventing him from acting in this way.
Notwithstanding what the council say they could issue an abatement notice. In addition they could deal with it by way of an ASBO which could actually ban this person from his own home.
I think you have been too nice over the past five years and it is time to step up your action. See a solicitor, call the police at every opportunity and make a nuisance of yourself with the council, via your solicitor, until they do something about this.
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