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Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 3509
Experience:  Solicitor at BLM
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My first neighbour, 29 years ago, nailed his gate post to

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My first neighbour, 29 years ago, nailed his gate post to the wall of my detached house - some time before I moved in. All neighbours since then closing the gate have disturbed me, particularly during sleeping hours as the gate is directly below my bedroom. The house is now a HMO. I would very much appreciate your advice regarding my of legal status.
JA: Where are you? It matters because laws vary by location.
Customer: Northampton NN3 9GA
JA: What steps have you taken so far?
Customer: I've previously asked the landlord who was resident at the time to do something about the noise the gate causes. It does close with less of a bang than it used to but one tenant in particular just lets the gate swing shut, causing it to bang.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No, I don't think so although I feel slightly intimidated to speak directly to anyone as mostly foreign men stay there.
Hello 

Welcome to JA

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

What was the landlord's response when he was contacted about the noise?

Customer: replied 8 days ago.
The landlord altered the gate by putting on a spring to keep the gate closed and the noise seemed to be somewhat lessened particularly because it stopped the wind from opening it and banging it shut. I can cope with the gate being used in the day time, though annoying, it is the tenant who works changing shifts and is careless about closing it during the night who is the problem. The landlord visits very infrequently and I haven't been able to catch him.
What I am asking basically, is should the gate be attached to my detached property. If it shouldn't, what can be done? I don't want to upset anyone as I say the people are foreign, Romanian and mainly males who I feel I can't approach.

Hello

It appears the gate should not be nailed onto your property especially the ongoing noise nuisance it is causing.

Nuisance ad described is interfering with the peaceful enjoyment of your property and therefore you have a potential nuisance action against the neighbour.

There are a number of options to deal with the matter.

In the first instance  i suggest you consider reporting this matter to the local council because the Environmental officer within the council can take steps to investigate the matter with a view of ensuring the nuisance stops.

If the local council is not working please return to JA and we can discuss other options.

I hope i have clarified the position.

Thanks and stay safe.

Thank you again for visiting JustAnswer, please let me know if you need me to clarify the answer given.

Thanks and stay safe

Customer: replied 8 days ago.
Thank you Mr Chendo for your helpful guidance, I'll be sure to contact JA again should I encounter any trouble dealing with this problem.
Kind regards.
Thanks and have a good day
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