Taking a homeowner to court

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Lets not confuse council excuses with Law. They may well have a policy that they have to collect the evidence, but there are plenty of provisions for almost any recording to be admissible from family court to employment law, civil claims to criminal proceedings.

Of course there is a risk of data protection law and sexual offences law if you covertly record someone who is on their own land and/or has an expectation of privacy.
 
johnny2007 said:
Screw that!
I wouldn't move because my neighbour is a dog.
Make his life hell first if you really have to.
Loud classical music at 3am always have an effect.
Do it in short bursts.
Also, during wild parties people drink and get upset, so sometimes they key cars and even stick nails in the tyres.
All things that happen..............
Don't move unless you want to.
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Yes and this is a way to sort out a dispute.
Be a bigger ar$ehole than the original trouble maker.
Jeezus wept. :rolleyes:
 
motorbiking said:
Lets not confuse council excuses with Law. They may well have a policy that they have to collect the evidence, but there are plenty of provisions for almost any recording to be admissible from family court to employment law, civil claims to criminal proceedings.

Of course there is a risk of data protection law and sexual offences law if you covertly record someone who is on their own land and/or has an expectation of privacy.
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In regard to taking pubs to court to challenge license, they look at it one way. As it's them themselves taking them they have to gather their own evidence. Taking evidence from disgruntled neighbours can be seen as possibly as vexatious and the pubs lawyers will argue the quality/reliability of the evidence. They can't really do that about the council because they 'should' act above board. It costs to take pubs to court, about 5k so the councils aren't happy to do that until they think they will win. As frustrating as it is, it does make sense to me.

I just wish our local council could be bothered to come to our neighbourhood between 11pm-2am and see for themselves/gather evidence! They don't do that because of cutbacks apparently...
 
If you are already at the point where letters are being exchanged, you can issue your own notice before action. I did this only recently when a neighbour upgraded their flood lights to two 150W LED banks. It was like a football stadium every time someone walked by. They weren't happy to get a letter, but I doubt they'd have done anything had I asked less firmly.

Write to the person concerned and tell them that you believe they are causing a nuisance. You should tell them in the letter that if they do not do something to stop or reduce the nuisance themselves, then you will be considering taking a private action under Section 82 of the Environmental Protection Act 1990.

Your letter should state the reason for your complaint.

If that doesn't work - approach the local magistrates court and pay the necessary fees. You risk costs if your complaint fails. I doubt this would be anything like 5k and certainly doesn't need a lawyer to get involved.
 
Android 07 said:
Most of the houses are council / housing association owned. They can't be arsed to even keep their driveway clean!



Yes, he has submitted nothing!



I would sue for noise nuisance and obstruction to me enjoying private life inside my house. No one in my neighbourhood ( all 4 adjoining roads ) have wild parties like him. What makes him think he can do whatever he wants and get away with it?

I own my house and grew up here. Why should I sell and move just because Mr. X moved in years after us ?
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You should not need to put up with chronic noise..Power tools,certainly for long periods everyday,report to council and they will take action...Turn ear off? If only,and why should you ..In general,choose your battles wisely,you cannot win them all,have a chat with the offender first,but eventually,if they persist in making life a misery,either fight back,react,sort it,or be miserable...Unfortunately some people are ignorant self centred bullies and only understand confrontation...Personally..1 party a month all night from a neighbour would have me rattled.I must stress,,,Massively,,,court action should only be ever ever a last resort
 
Android 07 said:
I live in a mid-terraced house close to the end of a road and the problematic homeowner (let's call him X ) lives at a right-angle to me on the next road which is a few houses away from me.
All the houses in my area have their gardens facing each other.
In his garden, he constructed a separate outbuilding with a chimney. For the last 6 years, X has caused me a lot of grief. He used to have fortnightly weekend parties in this outbuilding with his mates where the parties went on from 8PM till 2AM. The noises involved loud music, yelling, singalongs, screaming, drumming ( with band drums ), blowing foghorns and playing carrom. This was supplemented by loud music every weekend.

I read somewhere that parties can be had till 11PM. So, I would wait till 11 before ringing my LA. I soon found out that my LA has a very bad turnaround for noise complaints. They call you back 2 hours later and want to come to your property to hear the noise for themselves. By the time they rung me, the noise had already died down. They would then send letters to X and a copy to me and I reckon X just binned them. I found out his name and sent him anonymous recorded letters telling him to put an end to the noises I mentioned above. I reckon he's binned these as well.

Next, he started breeding cockerel and we had to endure cock-a-doodle-do at various times of the day and night ( even as early as 4AM ) for months. I couldn't pinpoint the offender initially but luckily one day heard the sound of dying chicken and looked out of my bedroom window and saw a bunch of cockerels hanging upside down. I took a photo and sent it to my LA. My LA paid a visit and that was the end of his breeding days.

Since then, his partying has reduced to once a month.

Recently, he's built another outbuilding and now his parties take place in both! Since lockdown started, he's started working in his new outbuilding every single day ( incl weekends ) all-day from morning till dusk. The endless noises of angle grinders and drilling is the new norm. At first I thought he's doing DIY work but I looked up his address on a govt website and can see that he had a company registered at his house few years ago which got dissolved as he didn't do yearly paperwork. He also considers himself a carpenter by profession. I have contacted relevant departments in my LA again.

I do not want to talk to him as the guy is a tool. Nor do I want to make myself known, keeping in mind the safety of my family.

What are my options here? Should I take the guy to court?
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Are you saying there are houses/people living closer to the noise source than yourself? Have you asked them if the noise affects them also and have they done anything about it? Have they been threatened?

To be quite honest I do think that unless you can get support from neighbours who live both closer to and further away from the noise source then your best and safest bet is to move. Trying to engage the council by yourself to do something is likely to cause more problems for yourself and the neighbourhood rather than solve the issue in either the short or long term.
 
durhamplumber said:
Last resort....Why should you be put to that trouble,and what about if similair happens in new house?...Caravan? Move is v dangerous tactic.
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We're all different. Some people like a fight, some like paying lawyers, and some like peace.
If the problems continue it can ruin your life, destroy your marriage, drive you insane.

I moved because of an idiot neighbour, I was OK, but he was driving my wife crazy. We are now in a much better place - better home, nicer garden, nicer people around us, and it's bloody peaceful.

Sometimes moving is the most positive and empowering thing you can do. Don't think of it as running away, but moving forward with your life.
 
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