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JimLawyer
JimLawyer, Solicitor
Category: Law
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Experience:  Senior Associate Solicitor
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My neighbour is using intimidating and abusive behaviour

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My neighbour is using intimidating and abusive behaviour towards us. It takes the form of controlling notes through the door, thumps on the walls day and night, loud music started at 2pm- 4pm. Removing protective leading that bridges our extensions, causing flooding.
Name calling, threats and harassing my fragile daughter and shouting at her in the street.
Throwing a paint substance on our terrace. Mediation re removal of flashing failed and he has made counter demands.
I need advice as to how to deal with this. So far I have been to Noise Abatement re the night noise. A letter stopped it but it transferred the behaviour to daytime wall thumping.
Gov money claims dept mediation failed re building costs for filling gap caused by leading removal and gap left open for 3months.
Have now had further threatening letter regarding our alleged noise.
Daughter terrified and we feel threatened and unable to be happy in our home.
Feel I must challenge this man to try to stop this awful situation.
I have letters and photographic evidence of the incidents.
I have been to the police, who copied the letters and did not follow up as promised.
Can you help me.?

Hello, this is Jim. Yes, I can help.

The best way forwards would be to apply to the local county court for a civil injunction.

However, before you do this, send the neighbour a cease and desist letter to warn them of your intentions unless they stop (and give them 7 days to stop their conduct). A template “cease and desist” letter is available at www.lawdepot.co.uk. You can use your own letter if you wish - it just has to make it clear this is a cease and desist letter, that you demand they stop their conduct, and that if they do not within 7 days you will apply to the court for the injunction and seek your costs.

That letter may well be enough to stop the conduct - as an injunction is a serious legal remedy.

Assuming they continue, you will need to complete the attached N208 claim form (to start proceedings) and the application for an injunction N16a form and send to your county court with a fee of £308 payable to HMCTS (unless you have a low income/low savings and/or you are in receipt of benefits in which case you can get a fee exemption so you do not have to pay).

For a fee exemption you need to also send to the court form EX160 (also attached). If you do not qualify for the fee exemption, you can pay either by cheque or attend the court and pay at the counter. You will need to prepare a witness statement to accompany the form. A template is attached for you to use.

You will need to detail the history of the issues with the neighbour to paint a picture for the Judge as they will not know what this neighbour is like unless you describe it.

If the injunction application is successful you can ask the court for a costs order to be paid by the neighbour.

The court will list a hearing where you attend and ask the District Judge for an order and the injunction. The application would be made under Section 1 of the Protection from Harassment Act 1997 . Harassment is defined as “unwanted conduct designed to cause the victim alarm or distress”.

If granted, the Order is then served on the individual concerned and they are bound by the court order - if they breach the order, they are in contempt of court and could well face a fine and a prison term.

The cease and desist letter may work so you may not need to apply. I recommend you go to the court in person with the forms to ensure they are correct - they are fairly complex so it would save time by you doing this - the court staff should check them before they issue the papers.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

Hi, I hope I’ve answered your question. Please let me know if anything requires clarification.

In the meantime if you could either leave a star rating, or reply “yes”, I would be very grateful.

Many thanks,

Jim

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Customer: replied 7 months ago.
Thank you so much. Another crazed letter yesterday. More harassment last night until 4.30am! Front door slamming at regular intervals( over 20 times) furniture moved, loud music and meltdown tantrum shouting. Think the man has an illness that has become acute. Does this supposed fact have any bearing on procedures?

No, unless they lack mental capacity but everyone is presumed to retain capacity - if he has no capacity then he should not be living alone. The procedure still applies anyway

Customer: replied 7 months ago.
Thank you so much for the info. You are helping me feel better.