“We’re disturbed by our neighbours’ loud parties. What can we do?”

Julian cole portrait.

Julian Cole

Senior Solicitor

Phone 01264 353411

Email jcole@bsandi.co.uk

There’s an unwritten rule among neighbours that you’ll allow each other a degree of slack. Living in a neighbourhood requires some tolerance, and it’s important that this works both ways.

But there will be times when neighbours are felt to have overstepped the mark; perhaps they’ve repeatedly parked inconsiderately, let their tree overhang your garden or, very commonly, caused noise that disturbs others. When these types of things happen it’s important to take stock and to behave reasonably to avoid inflaming the situation and creating ongoing tension. Disputes between neighbours are notoriously quick to escalate and can be difficult to fully resolve.

Try talking

When noise is more than a one-off (we all have the occasional party) and its timing and/or extent isn’t acceptable, the ideal scenario is that a calm conversation with your neighbour means they’ll consider your feelings and wishes in the future. It’s possible they haven’t appreciated the extent of the disturbance.

If you don’t feel you can have this conversation, you could consider writing them a note.

Mediation

If your neighbour isn’t receptive to your concerns and the parties (or other issues) continue, it may be worth asking a mediator to help you work through the situation. This will require your neighbour’s cooperation; they can’t be forced to mediate. 

Complain to the council

If the noise is having a damaging effect on your health or it’s a ‘statutory nuisance’ (which repeated noise can be), you could ask your council to investigate. The council could warn your neighbours to stop the noise or face more legal action. This is known as a ‘noise abatement order’. It attracts a fine of up to £5,000 if breached, so should be taken seriously.

Court proceedings

If the above steps do not resolve the noise from your neighbour, you will need to commence court proceedings against them in the civil courts for an injunction to restrain your neighbour continuing the noise nuisance and also a claim for damages for compensation and a claim for payment of your legal costs. This is the most expensive means to resolve the dispute. It will however, result in a court order or judgment which can be enforced if your neighbour should breach the terms of the judgment and order and still continue to make noise.                                                                                                                                      

Be aware that if you decide to sell your home in the future, official complaints will be visible to potential buyers.

There is a danger in acting in the heat of the moment and potentially making a difficult situation worse. If you’re tearing your hair out at your neighbours’ behaviour, find the right time to raise it with them (which may not be in the midst of a lively party). And if you are unsure about the best way of handling the situation, or want advice about what to say, our dispute resolution solicitors can help.

Contact us to discuss noise, or other, issues you may be having with neighbours on 01264 353411 or on info@bsandi.co.uk.

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