How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask JimLawyer Your Own Question
JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 15403
Experience:  Senior Associate Solicitor
97337639
Type Your Law Question Here...
JimLawyer is online now

Im being harassed by my upstairs nieghbour banging on my

This answer was rated:

im being harassed by my upstairs nieghbour banging on my ceiling
JA: Where are you? It matters because laws vary by location.
Customer: ashford in kent
JA: What steps have you taken so far?
Customer: ive installed cctv and also i record the noise on my phone with the time on video as reference
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: ive talked to them a couple of times with no joy ive also contacted police and local council plus kept notes with time and date included

Hello, this is Jim and welcome to JustAnswer.

Thank you for the question, I am reviewing the details now. I will aim to resolve it as quickly as possible for you.

Sorry to hear of the issue with the neighbour.

You can consider a complaint to your local magistrates court under S.82 of the Environmental Protection Act 1990. You would need evidence of the noise (preferably in a diary to prove the extent of the noise). If approved then the court will issue a noise abatement order. Before applying to the court you would need to send a warning letter to the neighbour (see attached template) to give them 3 clear days to stop.

If they persist, you can apply to the local magistrates court – if you contact the clerk at the court and say that you want to make a noise complaint.

The other option is to chase up the environmental health department at your local council – they are under a statutory duty to investigate noise disturbances and they can issue noise abatement orders on their own. I am not sure why they have not helped you so far. They can lend you sound recording equipment.

There is a further option and that would be to apply to the local county court for a civil injunction. This a court order requiring them to do something or refrain from pursuing a course of conduct.

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 14 days to stop their conduct to allow them to seek legal advice). A template “cease and desist” letter is available at LawDepot

If you go to the search box in the top right corner of the site, it will bring up a list - you want the "general" letter.

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 14 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. The judge will want to see that you have sent the cease and desist letter given an injunction is a last resort.

Assuming they continue, you will need to complete the application for the injunction and send to your county court.

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 and what they have done to you 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 the tort of nuisance due to excessive noise and Section 1 of the Protection from Harassment Act 1997. Harassment is defined as “unwanted conduct designed to cause the victim alarm or distress”. There needs to be more than one incidence of the harassing behaviour but based on your question it seems that to be the case so you would be fine with applying in my view.

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/or a prison term of up to 2 years.

The order will say they must stop their conduct with immediate effect. They are very effective given the consequences of breaching the terms of the injunction.

The cease and desist letter will hopefully work so you may not need to apply but if you then I recommend you ask a law firm to assist. I have set out a few choices for you - they should be able to claim their costs from the neighbour so it would be worth asking them to help you with this:

  1. Brett Wilson LLP: Specialist Regulatory & Litigation Solicitors London

  2. Solicitors in Leeds, LS6 | Whiterose Blackmans | A Trusted Leeds

  3. Routh Clarke Solicitors

JimLawyer and other Law Specialists are ready to help you

I hope this answers the question. If you have any follow up questions then please do let me know.

Many thanks,
Jim

Just a final note that I am free most days and would be happy to assist with any other queries you may have.

Best wishes,

Jim

Customer: replied 4 days ago.
Thanks very much Jim...Truly informative advice that i was not aware of...