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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 8341
Experience:  Dual qualified Solicitor and Attorney
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My friend has been actively complaining about noise levels

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Hi!
JA: Hello. How can I help?
Customer: My friend has been actively complaining about noise levels from the air conditioning unit on the top of a recently built large block of flats by her house. She has gone through all the usual channels of council and noise pollution officers etc and written numerous letters but the matter has not been resolved to her satisfaction. She is 75 years old and has lived alone in her cottage for more than 25 years. She has said the noise has been making her very sick for the last two years, not allowing her to sleep and even caused her to leave her home for six months to get some respite. On 28th May a letter was handed to her by the building's management company (delivered by hand at her door and dropped onto her mat when she refused to take it). It was not addressed to her by name/address and in it they said that they have CCTV footage of her looking through the gate, the residents have complained and she is harassing them and they have already reported her behaviour to the police. This is the first time she has heard directly from the property management company themselves. As a result of the stress caused by this letter which was delivered out of the blue on Saturday morning (29th May) my friend collapsed at her doctor's surgery on 1st June and was taken by ambulance to A&E where she spent the day having tests. Her blood pressure has gone through the roof and she also has an underlying lung condition which has meant she has been shielding throughout the pandemic. I believe the letter the company delivered to her is a bullying tactic - and would really appreciate some advice on how to respond. Regardless of what they say about my friend, she has definitely not directly harassed any of the residents! Please can you help?
JA: What steps have been taken so far? Has any paperwork been prepared or filed?
Customer: Hi and thank you!
JA: Where is the flat located?
Customer: I've just read the letter my friend received yesterday and heard that she was in A&E - although I've known about her ongoing correspondence with the council and the building management and the stress and sleeplessness that she has been suffering over this for months.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The new block of flats is in London W14, Atelier-Regal, 43 boutique flats, managed by Parkgate Aspen who delivered the letter to my friend. Thank you so much for listening - and for your help in advance!
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 11 days ago.
Hi!
Thank you for getting back to me.
I'm happy to continue to wait for an answer, so do please continue your search for the right Professional.
I look forward to hearing from you.
Thank you.

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.

So do you know if your friend did go to the gates? What is she alleged to have done just gone there and looked through the gates? Did she speak to residents?

I suggest you write back to them and indicate that she has not been harassing the residents and that any suggestion she has is denied. I trust this assists

Let me know if you have queries

Customer: replied 9 days ago.
Thank you very much Jeremy.
We do know that we need to write back to them.
My question is how best to ensure that my friend cannot be further intimidated – and that they know the consequence of their unwarranted letter was to cause her harm.
I am inclined to reply that they need to provide their CCTV evidence, name the residents who have complained to be sure the harassment complaint has come from them (not the management company), and detail exactly what they have reported to the police.
Do you know if they are duty-bound to provide this to my friend? They are the ones making allegations out of the blue so is my friend entitled to see the on what basis they are making them and the evidence they allude to?
I would also like to copy their letter to the other people who she has been in contact with over this and know her!! They end their letter with ’We have already notified the police and should this continue we will have no option but to seek legal action against you.’ Does this mean my friend should have a solicitor reply? Thank you again for your kind help.
I really don’t think it’s necessary nor desirable to go into that detail, it is far better to simply state she hasn’t harassed them. I don’t think it should be copied into other people and I certainly don’t think your friend needs a solicitor at this stage. I trust this assists.
Customer: replied 9 days ago.
Hi Jeremy,
Many thanks for your quick reply and very clear advice - much appreciated.
My feeling remains about the injustice of the allegations and the harmful effect on my friend's health and wellbeing that a large management company can cause with a letter like this with no accountability.
If she replies as you suggest, will they have succeeded in using these tactics?
Thank you.
Well what is the success? They have written the letter and obviously it has had an effect on your friend but there is in essence no legal basis to do anything about it. Take defamation for example reports to the police are privileged meaning you can’t sue for defamation on that basis. They are of course entitled to write to your friend same as anyone else and as this was a letter before legal action the court would not say that’s the wrong thing to do because they encourage that. I trust this assists.
Customer: replied 9 days ago.
Hi again Jeremy and thank you.
Your reply has really clarified the legal position and has helped my thinking.
I will pass all of this on to my friend. We are very grateful for your time and help!
All best wishes,
Marta

Happy to help, take care.

Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 8341
Experience: Dual qualified Solicitor and Attorney
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