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Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 2812
Experience:  Solicitor at BLM
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My neighbour is smoking and cigarettes and it's seeping in

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My neighbour is smoking weed and cigarettes and it's seeping in to my house. It is unbelievable as I have fibromyalgia and acute migraines with aura. The walls are so thin and she can hear my partner asking me how I am. When she hears this she making banging noises and smokes even more. Its all the time now. As soon I walk into my house she makes it deribate to smoke. What rights do I have. Its a metropolitan housing association. I am off sick it's been 11 weeks now,due to fibro and migraines. Please can you help I am very desperate.
JA: Where are you? It matters because laws vary by location.
Customer: Derby England
JA: What steps have you taken so far?
Customer: I have mentioned the problem to metropolitan before this neighbour moved in. They don't do anything about it
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: She put on some music that was abusive something along the lines of. You funking thing if you are funking angry with me don't be you butch. She had her music on very loud for 5 minutes

Hello

Welcome to JA.

I am sorry to hear about your situation.

Please note that this is not a chat service therefore you may experience delays.

It appears you have a statutory nuisance cause of action because smell and noise as described interfers with the peaceful enjoyment of your property.

In view of this I suggest you file a complaint with the local council environmental officer. The officer can step and order the nuisance to stop.

The other option is under Section 82 of the Environmental protection Act 1990 allows a Magistrates' court to act on a complaint made by any person on the grounds that he is aggrieved by a statutory nuisance.

Therefore you can contact your local magistrate court and ask them you wish to start a complaint regarding a noise/smell matter and they will then advice you on the steps to undertake. If you are successful with the complaint the court will order the nuisance to stop. Further if the nuisance is not curtailed then criminal sanctions could follow.

I hope I have clarified the position.

Thanks and stay safe.

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