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JimLawyer
JimLawyer, Solicitor
Category: Property Law
Satisfied Customers: 14335
Experience:  Senior Associate Solicitor
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I have a question in relation to my rights in the property

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good morning I have a question in relation to my rights in the property that i rent.
JA: Where are you? It matters because laws vary by location.
Customer: Sure in London
JA: What steps have you taken so far?
Customer: I'm renting at the moment, and the neighbor next door has started drilling the wall we share together.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Since the end of April i have had to deal with power drilling during the day and I was not informed by them and my landlord was not aware of it either.
Customer: replied 1 year ago.
My landlord, said the neighbor said that they sent letters to all of us and after the 4th attempt an independent surveyor my landlord used accepts an constitutes this as a consent ( its very grey what he has been said in this regards). My point is that i cannot talk, call, sleep in my home due to the noise, i understand if the noise exceeds certain levels its damaging to me ). When the drilling started , i had to know on the door to ask what was going on and i had to get the builders to put me through the neighbor and I then put the neighbor in contact with my landlord. On the 6th May the neighbors said the drilling was going to go on for a few days up to a week. This week the continues drilling ( from 8:02 am until 5pm continues ) I contacted the neighbor to check
why they are drilling again if he confirmed this was just for a week. He said it will continue again and he could not tell how many days for. Bot***** *****ne is that, I was not given notice about the drilling in my wall, the neighbor is unable to tell me the days they will continue to drill, my chairs, my tables shake when this happens, at the end of the day my ears are pulsing with the intensity of the drilling I have to work from home and shield and I have no option to leave the property unless i look for a temporary day property where I can work, i would and i think is reasonable to expect either my landlord or neighbor to incur these charges, or i just move out from this property but i dont want to be liable for the 2 months notice i have to give to my landlord given these circumstances. I need your thoughts and advise. Im happy to pay the actual fee for your services . Kind regards, Loli
Customer: replied 1 year ago.
I have added one of the recording of the noise that covers my entire wall ~ 7 metres
Customer: replied 1 year ago.
Sorry i have already sent an email to the council and the Environmental Health Officer on thursday
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 1 year ago.
Hi sure I’m ok to wait

Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.

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 speak to the environmental health department at your local council which you say you have already done – they are under a statutory duty to investigate noise disturbances and they can issue noise abatement orders on their own. So you can see tomorrow if they will do anything about this. If not, ask them why.

There is a further option and that would be to apply to the local county court for a civil injunction. This is a last resort.

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 https://www.lawdepot.co.uk/

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 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 application for the injunction 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 check your eligibility here:

http://www.gov.uk/get-help-with-court-fees. 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.

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.

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 but if you then 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.

If you do need to take that step and apply for the injunction, please come back here as I have the forms required.

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 questions at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

JimLawyer, Solicitor
Category: Property Law
Satisfied Customers: 14335
Experience: Senior Associate Solicitor
JimLawyer and 2 other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Good afternoon Jim. thank you very much for your assistance. This is highly appreciated. I will contact the council tomorrow. Also if i decide to complain to my local magistrates court under S.82 of the Environmental Protection Act 1990 will i need to tell my landlord? Lastly I have also asked my landlord if in the event that i decide to move out would she waive my notice period or I could look for a temporary accommodation and we could negotiate a deduction on my rent payment equivalent to this provisional expense that will be incurred as a result of this. Are these ,in your opinion reasonable requests? Kind regards, Loli
Customer: replied 1 year ago.
I will opt also to call you once i hear from the Council and my landlord. Kind regards, Loli

Hi, you can keep the landlord informed, yes. It would help to resolve this hopefully - they could exert some influence. Those requests are reasonable in my view - it isn't your fault this is going on so I would hope the landlord would be amenable. I cannot take calls i'm afraid but I can deal with any further questions online if that suits.

Many thanks