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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 9550
Experience:  Dual qualified Solicitor and Attorney
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I live in a 2nd floor flat in an urban area next to a

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Hello,, I live in a 2nd floor flat in an urban area next to a football club which appeared to be in a state of decline when I bought the floating March 2020. I was reassured by the previous owner that there was little activity at the club and that they were not inconvenienced by excessive noise. However , last summer it appeared that the ground was under new management and a lot of renovation was being carried out accompanied by extremely loud music being played over the Tannoy system, which it was impossible to block out even with all the double-glazed windows closed. Eventually I decided to politely ask the manager to turn the noise down to a more acceptable level, which he obligingly did . However, the problem soon recurred so I again politely asked for the noise to be reduced to an acceptable level, but this time was responded to with the threat of prosecution for trespass. Since then the noise has recurred sporadically and my complaint now is noisy youths shouting and hollering on the floodlit football ground as late as 10.00pm, causing a very loud disturbance which again can be clearly heard in my flat with all the windows closed!This is difficult for me when the weather is so hot. I have been in touch with Environmental Health, but unsuccessfully as you can see. What's my next move
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: No I'm a pensioner and haven't wanted to incur legal costs I live in Kendal, Cumbria
JA: What steps have you taken so far?
Customer: I've already told you that I've been in touch with Environmental Health but that hasn't worked
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: What I'd like to know is whether it's reasonable for the club to be making such an excessive level of disruption so late at night.
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!

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour 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 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 – they are under a statutory duty to investigate noise disturbances and they can issue noise abatement orders on their own.

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).

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”.

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.

I trust this assists

Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 9550
Experience: Dual qualified Solicitor and Attorney
Jeremy Aldermartin and other Property Law Specialists are ready to help you
Customer: replied 7 days ago.
Dear Mr. Aldermartin, Thank you very much for your detailed and very helpful response to my query. Patricia Guy

Happy to help, take care