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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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good morning we have had problems with our noisy neighbour

Resolved Question:

good morning

we have had problems with our noisy neighbour on and off for almost 3 years, incidents occurring every couple of weeks, to around a month. They are a tenant of a housing association, and action seems to consist of a chat with housing officers.
as this has gone on for so long, with no sign of it being dealt with, is there any action i could take against the housing association? i ask, because i believe that when there is a dispute with a neighbour, as a seller i would have to disclose it to a potential buyer. by doing this, i could restrict the sale of my property or possibly devalue it.
any help would be much appreciated

best regards

rob cooper
Submitted: 2 years ago.
Category: UK Law
Expert:  Thomas replied 2 years ago.

Hi,

 

Thanks for your question.

 

There's no action you can take against the association to get them to enforcement the "no nuisance" covenants in the agreement the tenants have with them, apart from complaining. You have no privity of contract with them and therefore it is for them to enforce the agreement as you see. The more persistently you complain to the association the more likely there are to seek to enforce strictly though.

 

In the first instance you should write to the local authority's environmental health department (noise abatement) and describer the time, nature and frequency of the noises. They will (or should) make an inspection. If there is noise at this time then they will issue a Noise Abatement Notice for them to stop making the noise if they do not comply with this then they could face criminal charges.


The alternative is to find the freehold title for the property from where the noise is coming from and checking the charges register to see if the property is subject to "No Nuisance" covenants. If it is then you can write to the association stating that you will taken court action to ask a court to enforce the notice against them. If it persists then you could ask a solicitor to write a letter before legal proceedings to the housing association to seek compliance (cost £50.00).


You can search for the freehold title to the property here:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

Customer: replied 2 years ago.
Thank you for your reply, however I just want to be clear, that if I would have had my property devalued or not sold due to disclosure of neighbour problems, that no solicitor or court would entertain a hearing, thereby restricting the sale of our property?

Regards

XXXXX XXXXX
Expert:  Thomas replied 2 years ago.

Sorry Robert, can you clarify please.

 

Are you asking whether you could take the housing association to court if you could not sell the property due to disclosing the noise?

 

Kind regards,


Tom

Customer: replied 2 years ago.

i am tom,

 

it seems logical, perhaps rare, but if we are restricted on our own property sale due to the housing association not dealing with the problem, and it continuing for almost 3 years which would lead me to think that it won't be resolved an time soon, and therefore restricting our own house sale, ultimately i see the housing association as responsible. so the question, yes, would we be able to take the housing association to court?

 

many thanks

 

rob

 

Expert:  Thomas replied 2 years ago.
Hi Rob,

No I don't think you would be able to. I'm not sure they owe you a duty of care which you could seek to enforce through a negligence action.

Addionally, there would be issues of causality. You would have to prove the noise abatement in the first place, prove that the council did not take reasonable measures to enforce the nuisance and prove that this directly led to financial loss. It's far to remote to give you an chance of success even if you could establish that they owed you duty of care.

You are much better off seeking to enforce the abatement of the noise in the above describe way. The more persistently and vociferously you make your complaints the more likely they are to take action.

Sorry it could not be better news.

Trust this clarifies, if so please click accept.

Kind regards,

Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6439
Experience: BA (Hons), PgDip, Practising Solicitor
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