By Amanda Hamilton is Chief Executive of the National Association of Licensed Paralegals (NALP),
Over lockdown, many of us have spent more time than ever before at home. Some of us have even been trying to work from home with children, dogs and cats to look after. And what of our neighbours? Perhaps you have only just realised how disruptive they are, or perhaps they’ve always been that way and you’re unsure whether there’s anything you can do about it. Well, there is!
Every local or district council has an environmental health department. These teams are known as ‘Noise or Nuisance Teams’. There are certain things that noise teams are unable to deal with such as noise relating to traffic, planes, trains and some domestic noises such as, footsteps, crying babies, kitchen appliances and doors opening or closing.
Everything else is actionable. For example, neighbours playing loud music. Once this has been reported to the department, they instruct a team that then contacts you to enquire whether the noise is still going on. If it is, they come round and experience the noise and if they believe the noise is excessive, they can talk to the neighbours to ask them to refrain and give them a warning. Once the first visit has taken place, a letter gets sent to the neighbours explaining that, if the team is requested to visit again, a second warning will be given. On a third visit, the Team has the right to serve a notice threatening prosecution and/or seizure of equipment.
A terraced house divided into two leasehold flats. The owners of the ground floor flat also owned the freehold.
The owners of the downstairs flat assumed that they ‘owned’ the whole house and could do what they liked. They left their doors and windows open and played heavy rock music at all hours of the day and night. The owners of the top flat were repeatedly woken in the early hours of the morning by such loud music that the building vibrated. They tried to use diplomatic means to reason with the neighbours downstairs but often found them to be so drunk that they were ignored.
After two years of trying this solution, they realised that their lives were being totally disrupted by the behaviour of the neighbours downstairs. They had to relocate their bedroom to a room on the top floor, and quite often could not watch TV, as their front room was directly above the neighbours’ sitting room.
In an effort to stop this disruption, they contacted the police who informed them that they could not do anything as it was a civil matter. However, they did mention the environmental health team of the local council, and in one fell swoop, their life changed. They were now in control of the situation. Over a period of six months, they called the team out three times, and on the third visit, the Noise Team called the police as it was clear that the neighbours downstairs were inebriated and became quite aggressive. They were arrested and their music equipment was taken away.
What can you do?
If you have a nuisance or noisy neighbour start by trying to reason with them. Let them know that their actions are impacting your life and ask if they are able to stop.
If reasoning fails, call the ‘noise team’ of your local council. It will help if you’ve been able to keep a diary of the dates, times and type of disruption. The noise team need to hear the noise or witness the disruption for themselves, so if you can determine a pattern, this will help them visit at the appropriate time and can move the process forward much quicker. Also keep a log of your conversations with your neighbour about the disruption, and their responses.
If you still have trouble, you could always apply to the court for an injunction. This is where a paralegal can help. A paralegal is trained and educated to assist consumers to make applications to courts and give advice. Their fees are lower than solicitors’ and they are therefore very cost effective.
ABOUT THE AUTHOR
Amanda Hamilton is Chief Executive of the National Association of Licensed Paralegals (NALP), a non-profit Membership Body and the only Paralegal body that is recognised as an awarding organisation by Ofqual (the regulator of qualifications in England). Through its Centres, accredited recognised professional paralegal qualifications are offered for a career as a paralegal professional. She has written a range of articles for Family Friendly Working which you can find here.