Hi - The council, police and the EH have a legal obiligation to resolve your problem? if they do not you are entiltled to take these authorities (take a cheap local action through the magistrates court at first, notifying your local newspaer of your action in a letter to add more pressure) to court and recieve compensation.

Under tenacy agreements landlords - epecially housing asscoiciations have a legal obligation to sort out their tenants, which also means they can be taken to court.

Speak to any other neighbours that are suffering getting written information from them or even better form a pressure group and approach the council, police HA and the EH afterall you pay their wages through your taxes and some where even elected by you!!! so use your local council representative and MP to get things done simply because they do work for you.

Hello Mrs B,

No legal eagle but someone who has picked up some useful info along the way. A person may take a private prosecution under Section 82 of 1990 EH Act for a nuisance. The costs for this are approx £200. It is better if you seek legal advice or better still seek and use a Environmental Barrister. The costs for a specialist Barrister are approx £1500 for two days worth of work. Is it worth it, personally I think so.

The rest of what you say is true. One piece of caution a council works on the balance of probability that a nuisance exists where as under a section 82 it will have to be proved to a criminal standard.

Most people make the mistake of thinking that the Police can help. It all depends upon the assigned duties and how good the officer is (this also applies to councils, housing associaitions, etc). I founf it good to have an initial chat with Community Police team first, explain the problem and they then offered to help. The difference being if you ring A full Police Officer the answer is likely to be NO and you call has then been registered and you will probably get this answer all the time.

Hope that helps.

Regards
Mac

Hi Mrs B,

You are a very kind person. Yes I agree finance is always a problem and yes as you rightly say legal aid is not available for this type of representation. However there are solictors and even barristers who will work on a no win no fee basis.

Hope you are keeping well?

Regards
Mac

Last edited by Mac99 (1 June 2010 20:00)

Mac99,

It's worth noting that section 82 of the Environmental Protection Act 1990 applies only in England and Wales:

http://www.opsi.gov.uk/acts/acts1990/uk … -pb2-l1g83

Private prosecutions are exceedingly rare in Scotland, to the point of being non-existent.

Welcome Fairy and I'm sorry to hear about your problems.

Regarding whether they can be sued for placing a family there, I doubt is reasonable and would probably fail.   If it's their property then they can put anyone there they like at a guess. 

However, if you inform them of the issue and the noise continues then they are liable as they are the landlords, and by not taking action, are allowing a nuisance that is against the Environmental Act to take place on their land so there is chance to seek compensation that way. 

Keep plugging away at the ASB and EH teams, and make sure the bobby is called every time the noise is happening at past 11pm or if you think criminal activity is taking place.  If it continues and the council refuse to act then seek an environmental solicitor in your area and get some legal advice.

Finally, please keep logs of all noise (times, types, duration etc) and also keep logs and copies of any correspondence you have with any other party.  It may come in very useful in the future to prove your case.

Good luck.

Regards,

Compost

Yeah Hi all

firstly I would like to say that not ALL council tennants are inconsiderate..I am one but my neighbours either side of my property are both private and believe me they both lack in consideration for their neighbours.  My neighbour adjoined directly to my property is up at 5 a.m every day and feels it to be necessary to totally wake the rest of us.  He is constantly banging drawers, doors and permanent ongoing past 4 years without a care in the world for others, hes even done his D.I.Y on Xmas Eve and NYE, they had a daughter whom left home when she was 18...mmmm why didn't this surprise me...she had to be in her bed at 10 every night....control freaks come to mind...Also now their new dog constantly barks, howls and whines all day from 5ish through to 2 ish the following morning and not once does the two owners tell the bloody thing to be quiet...They are in their 40's so they come from the same generation as me but I just goes to show not every one is taught right from wrong..My mother taught me to have respect for my neighbours but believe me I'm seriously thinking of giving them a taste of their own medicine by blasting my stereo just to drown them out but then that would make me no better than them and why should I stoop to their level.

I know that a lot of the neighbours have had enough and am hoping that they have complained about it all, I'm having to keep a running log and then submit it to EH, I just hope that they can help me and are any of you aware that there are times for D.I.Y   M-F 8-6, S 9-1 ans Sun 0.

Today for example dog going off on one all day and his D.I.Y started at 10 a.m and he decided to stop at 5.30 p.m.  Tomorrow....who knows what he'll do.  I must say this is probably why they have no visitors or friends and when we were on talking terms she told me that they had fallen out with their previous neighbours...again this doesn't surprise me in the slightest..

Well I feel much better now (not), but at least I've had my rant...  Thanks peeps

wow.. I just found this thread from a google search on "noisy neighbour who are3 council tenants".

I so TOTALLY feel for all the folks who have written their experiences.   I've lived here in my flat for a year,  after the first month I was so fed up with the 4 big dogs next door, constantly barking, and the constant revving of motorbikes and scooters,  that I complained to Camden Council.

  To my shock,  not 1 week later I got a phone call from Camden Council who were all keen to get me to record the details and they would take action by sending them a Noise Abatement order  (or something).

Then the council found out that the neighbours in question were council tenants and they referred me to the local housing office.

  Since then, I've sent no fewer than 7 emails of complaint, and left no fewer than 4 messages on the phone, and not once have I had my messages even acknowledged. 

  I decided a few weeks ago to keep my own noise diary and take videos,  I haven't had a chance to take these down to the housing office yet,  but I will.   The constant barking starts thankfully at 8:30am and continues through till about 10pm.. so that's good..  of course I wake up at 5:30 so they're often barking when I'm trying to sleep -  oh.. and I work from home, which is absolutely impossible some days because of the constant barking and revving.

  I think the house belongs to an older disabled man who is the father,  I know from talking to neighbours that they've lived there for more than 10 years.   The son or son's ALWAYS have other folks of their age round (early 20's ?)  -  in this lovely warm weather, I need to keep my window open - so I get fumes from the revving - full blast from the 4 dogs - and clouds of weed-smoke wafting through my windows from early in the morning till late at night.

  Sometimes there are the most incredible screaming rows - the bluest of language - and they go on forever it seems - these are once a fortnight though.. smaller rows are twice weekly. 

  I've witnessed them dealing drugs  (actually saw the transaction from my kitchen window), I've watched them drive 3 year old children up and down the street on a quad bike they've tuned up - without a helmet (videoed that one),  I've watched 5 children and 1 baby being supervised in the back garden by only 1 adult who was smoking a big doobie the whole time...and still the barking continues 

  I've spoken to some of the neighbours who are in my building,  several of them are very scared to complain,  they find the constant hoard of tattooed, motor bike riding, swearing, pot-smoking youth far far too intimidating and fear retaliation should they complain. 

  I don't.   I don't have any cars to vandalize, and anything they did to me physically would only strengthen my case. 

  I'm one pay cheque away from applying for housing benefit myself,  I certainly can't afford to move - so I'll stay.   

  I really appreciate all the comments on this forum, it's given me some good ideas.  First I really want to go down to the housing office, make an appointment, and have a civil discussion with the officer in charge -

   thanks for any further advice anyone has to offer !

:-)

S.

What I don't understand is why council tenants aren't obliged to follow the same rules as everybody else?

I mean... Camden council was all for doing something about it, until they looked the address up and saw that they were council tenants. 

I suppose I'm really lucky, except for the odd screaming row, at least they're quite at night.

What exactly *is* an abatement order?   I'm not really familiar with this term - I moved here from Canada 10 years ago.

  I don't expect the council to kick them out and re-house them -  my primary problem has always been to get the dogs to stop barking.  And of the 4 big dogs,  the 3 bull terriers are actually not that bad -  the worst of the dogs is an alsatian which gets the others going and will not stop.  I think they should have to either train it or get rid of it.

  I'm wondering about getting one of those hyper-sonic noise "guns" that are supposed to scare cats away from your garden.  maybe If I point loud hyper-sonic noise at the dog each time he gets going *I* can train it not to bark all day. 

  My friend thinks I should borrow an anaconda and let it loose in their garden.  but I don't think that's practical.

Thank you for the information on abatement orders.  I wonder how effective those are?   What do the police do if people break the order?

Yes.. it's the dogs primarily - but also the revving.   The sonic device  or "gun" I saw was this one at Maplin: http://www.maplin.co.uk/Module.aspx?ModuleNo=222505  -  so a humane and legal way to take some action into my own hands - though possibly labour intensive and not effective?

I do see what you mean regarding the rspca and the anaconda idea -  it would be cruel to the Anaconda - the dogs all have pointy collars.  But it could stop the revving as well if it kept them away from their many scooters, motorbikes, and quad bikes.

:-)

thanks!