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Ed Turner
Ed Turner,
Category: Property Law
Satisfied Customers: 1917
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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I have bought a new built flat in Newham London. The noise

Customer Question

I have bought a new built flat in Newham London. The noise from tube and DLR is unbearable. I along with other residents have reached out to Council, TFL, and developer - however, there are making us run around in circles and not providing any concrete solution. We need a solicitor to initiate legal proceedings against the responsible parties.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: None - we need help with preparation. The noise reading has been taken by council and developer but nothing else.
JA: Where is the flat located?
Customer: Newham, Canning Town London
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
Submitted: 19 days ago.
Category: Property Law
Customer: replied 19 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 19 days ago.
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Expert:  Virtual-mod replied 18 days ago.
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.

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Expert:  Ed Turner replied 18 days ago.

Hello.   I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.

Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer.

Expert:  Ed Turner replied 16 days ago.

I note that you have not replied to my request for further information.   I shall therefore post a “general answer” to your type of legal issue.    Please revert to me if I am mistaken as to your type of legal issue or if my answer does not fit the facts of your situation and I shall be delighted to amend my answer accordingly.

Expert:  Ed Turner replied 16 days ago.

There are laws protecting innocent bystanders and neighbours from excessive noise, such as the Environmental Protection Act 1990 and the Noise Act 1996.   For example, builders and construction workers can generally only work in a residential area between the hours of Monday to Friday 8:00am to 6:00pm; Saturdays 8:00am to 1:00pm.    There is also the Tort (“wrong”) of Nuisance, which is a civil claim for damages and an application for an injunction against the other party to “cease and desist” making the noise.

If the noise from your neighbours’ home (shouting, slamming doors, loud music) or a local construction site is excessive and disturbing your “quiet enjoyment” of your home, there are several steps that you can take to resolve the situation.   The .Gov website contains useful guidance:

https://www.gov.uk/guidance/noise-nuisances-how-councils-deal-with-complaints

Firstly, you should write to the other party in the most polite and friendly terms possible asking them to reduce the noise or cease it altogether.   Hopefully, the noise will be temporary (such as construction work), or the neighbour simply may not have realised that they were making quite such a noise that was audible to others, and it will cease on a first request.

This local council’s website contains useful template letters from a “first request” to a threat of legal action:

https://www.midsuffolk.gov.uk/environment/noise-and-disturbance/noise-nuisance/noise-template-letters/

You may complain to the environmental health department at your local council who may investigate the noise and take action against the other party.   They are under a statutory duty to investigate noise disturbances and they can issue Noise Abatement Orders without the need for Court action by you.

You may also complain to your local Magistrates Court.   I suggest that you take video and audio recordings of the noise on your phone and produce a diary by way of proving your case and issue the other party with a “3-day warning letter” to stop the noise.   If successful, the Court will issue a Noise Abatement Order against the other party.

The final option is to apply to your local County Court for a civil injunction and damages under the Tort of Nuisance.   This is essentially a Civil Order for the other party to cease the noise and pay you damages by way of compensation for the nuisance, distress, and inconvenience.

I recommend that you send the other party a 7-day final warning to cease the noise and compile your evidence (audio and video recordings, diaries etc.) to present your case to the judge.  You should then complete the application for the injunction and send it to your County Court (with the fee, currently £308.00 payable to H M Court and Tribunal Service).

The Court will list a Hearing where you attend and ask the Judge for an Order for damages and the injunction.   The Court may also Order the other party to pay your legal costs of the application.  The Order will be served on the other party and if they ignore or breach it, they are in Contempt of Court.   This is a criminal offence punishable by fine or imprisonment.

If you take the Court injunction route, I strongly recommend that you instruct a solicitor who specialises in Civil Litigation and Nuisance claims.    These areas of law are very complex and while the Court may grant you a fair amount of sympathy and leeway if you represent yourself (i.e., as a Litigant In Person), your application may slip up on a technicality which would be second-nature to an experienced solicitor but which a Litigant In Person conducting their first legal action would be unaware.   Furthermore, if your application is flawed or otherwise has poor prospects of success and is dismissed by the Court, you may be ordered to pay the other party’s costs of defending the application.   These costs may be substantial and its risk outweigh any potential benefit to you.

If you have a Home and Contents Insurance Policy with Legal Expenses Cover, it may be worth notifying your insurers and requesting that your legal fees in this claim be paid and/or that they appoint a law firm on their panel of insurers to conduct your application.

Expert:  Ed Turner replied 16 days ago.

I hope this resolves your enquiry.   Please revert to me if you require any clarification of my answer to your question and I shall be delighted to assist.

Kind regards

LawyerEd