According to the core legislation on noise nuisance, the 1990 EPA states that there has to be a statutory nuisance for the local council and apparently a Magistrates Court to act on a complaint. Does it mean that in case of private or common nuisance you can't do anything against neighbours from Hell?
Province/Country relating to question : DERBYSHIRE
LOCAL COUNCIL'S ENVIRONNEMENT OFFICE + ANTI-SOCIAL BEHAVIOUR UNIT + POLICE + CONTACTING THE LANDLORD.
HiThank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.-Could you explain your situation a little more?
I moved in a property in 2008 when it became obvious that the private tenants on benefits across the road were having late night parties with blasting loud music. They're actually using their small kitchen which is in fact a backdoor looking on the street where I live and it's not double-glazed. I also became aware that other neighbours in the area had complained about their noisy/rowdy behaviour.
You can bring this matter to Court yourself under the EPA. They are free to hear private complaints.However, the problem with all private prosecutions is this. If the emanations of the State will not bring a prosecution then probably there is a good reason for it. Thats not to say that you cannot win but just that private prosecutions very rarely overcome the problems that the Crown originally anticipated.On the facts you are describing this would amount to statutory nuisance but I imagine the environmental health have decided there is insufficient evidence. Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.Hope this helps. Please rate my answer OK SERVICE or above and then I will continue with this for free.
Bar Exams, over 5 years in practice.
I knew that, in the end, it's my word against the Council. But the private landlord has a duty of care and this will be my approach. Thanks.
If its your word against the Council, at the Magistrates Court, I'm afraid the chances are the council will win.
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