Whether you own your property or rent it, your home should be a place where you can relax and enjoy your surroundings. Unfortunately, neighbour disputes are common and can range from minor irritations to issues that significantly affect day-to-day life.
While many people think of neighbour disputes as arguments over boundaries or fences, the reality is that nuisance can take many forms from excessive noise to unpleasant smells which can all have an impact on a person’s enjoyment of their property. B P Collins’ criminal team explores how you can handle your dispute.
What is a nuisance?
In simple terms, a nuisance is something that substantially interferes with a person’s ability to enjoy their home or affects their health and wellbeing. Not every annoyance will amount to a legal nuisance. Living in close proximity to others inevitably means tolerating a degree of everyday noise and activity. However, when behaviour becomes excessive, persistent or unreasonable, it may cross the line into a matter that requires action. Examples can include loud music or parties late at night and large accumulations of rubbish right through to vermin infestations and antisocial behaviour involving visitors or occupants.
The impact of these problems is often greater than people realise. Constant disruption can lead to stress, anxiety, sleep deprivation and a feeling that people are prisoners in their own homes.
Noise
Noise disputes are among the most frequent issues reported to councils and landlords. While an occasional celebration or gathering is unlikely to cause concern, repeated late-night music, shouting, slamming doors or noise from vehicles can become extremely distressing for neighbours. In severe cases, local authorities may investigate and, where appropriate, issue noise abatement notices requiring the nuisance to stop. Failure to comply can lead to prosecution and financial penalties.
Action
For those affected, keeping a detailed diary of incidents can be helpful. Dates, times and descriptions of the disturbance often assist authorities in understanding the scale of the problem.
Animal-related nuisance
Whilst a single incident may be frustrating, persistent accumulations of dog waste can become far more serious. During warmer weather, the smell can become overwhelming and may affect neighbouring gardens and outdoor spaces. In some cases, concerns may also arise regarding hygiene and potential health risks.
Where dog fouling forms part of a wider pattern of irresponsible behaviour, local authorities may become involved. If the occupiers are tenants, landlords and managing agents may also have an interest, particularly if tenancy conditions or licence requirements are being breached.
Action
Problems are often easier to address when concerns are raised early rather than allowing frustration to build over months or years.
Anti-social behaviour
Anti-social behaviour is a broad term covering conduct that causes alarm, harassment or distress to others. Examples may include assault, public order offences and criminal damage. It is also worth remembering that some conduct can amount to a criminal offence. This type of oppressive conduct can have a significant detrimental impact on you and your family.
Action
It is important to keep a diary of the incidences and to report them to the police. Of course, in an emergency where you are in danger you should call 999. It is important to understand the police may see this as a civil issue. If the police are not giving your case the priority it needs, you can contact B P Collins’ criminal team and we can review and if necessary, hold the police to account where you are not being protected as you should be.
Can neighbour disputes be resolved?
A polite conversation can often solve a problem where the neighbour is simply unaware of the impact their behaviour is having. If direct communication is difficult, mediation can be a highly effective option and is often far less expensive than legal proceedings. However, where problems persist, it may be necessary to involve the appropriate organisation. Depending on the nature of the complaint, this could include:
- The local council’s Environmental Health department.
- Community Safety Teams.
- The police.
- A landlord or managing agent.
- HMO licensing teams. Legal advisers where more formal action is required.
Seek help early
If you are experiencing nuisance or anti-social behaviour, it is often sensible to seek advice at an early stage. Everyone is entitled to enjoy their home peacefully, and nobody should feel unable to use their garden, sleep comfortably, or relax in their own property because of the unreasonable behaviour of others.
For further information and advice, please contact Rubin Italia or B P Collins’ criminal team at enquiries@bpcollins.co.uk or call 01753 889995.
