Cheap Letting Agent | Property clinic: What can we do about our noisy neighbours?
http://bit.ly/Mm4mfUIt feels as if summer has arrived. Danny Revitt and Clare Rant, experts in property litigation issues at Irwin Mitchell, examine some of the problems that can arise at home when spending more time outdoors. My next-door neighbour has been having friends around most nights for barbecues and garden parties. They make so much noise that we can barely hear ourselves think. We’ve tried to talk to them about the issue, but they ignore us. Is there anything we can do? John, Sheffield Noise nuisance problems are common but their impact cannot be underestimated. As well as being seriously stressful, they can put a strain on neighbourly relations. We would urge that legal action is the last resort. Going down that route can mean the problem quickly escalates into a full-blown dispute. Discussion should always be the preferred solution, even if relations seem to be at breaking point. Almost anything is preferable to awkwardness or hostility with those who live near you. However, if your neighbour is simply no longer listening and the noise remains intolerable, you may have little choice but to consider the more extreme alternatives. While it may be possible to take action for what is known as private nuisance, it is much better to speak to your local council. Their environmental health experts will be able to investigate any complaint and – if appropriate – issue a notice that will require the neighbour to stop. If the neighbours do not act following this action they may then face criminal sanctions, which will no doubt make them sit up and take notice. My husband and I have been trying to tidy up our back garden, but we’ve struggled because our lazy neighbour’s plants and trees are growing over and through the fencing. Do we need to talk to him before trimming these back? Teresa, Norwich In short, you are within your rights to cut back any branches that grow over the legal boundary of your property. Legal technicalities mean you should pass the cuttings back to your neighbour. We would always urge a strong level of caution in relation to this whole issue. People are surprised by how many serious disputes can arise from something as simple as cutting down branches. For the sake of keeping all parties happy, you should ensure that they have no problems with your plan. Also bear in mind that some trees can be protected, for example if they are situated in a conservation area or have the benefit of tree preservation orders. It might be worth checking these provisions and ensuring that the offending trees are not affected by them before getting the shears out. I live in a block of flats and often sit out in space I share with other long leaseholders. The area is in real disrepair, but our landlord refuses to act. Can we force him to sort it out? Mark, Chelmsford Unfortunately there is no easy solution to this sort of situation. The wording of your lease is vital. It will set out the landlord’s obligations. Before taking any action, you will need to be sure of his responsibilities. In certain limited circumstances there may also be implied obligations to repair. Assuming the landlord is obliged to carry out repairs, you then need to ensure you have given him full details of the problems. If he still fails to carry out the necessary works after such notice, you would be entitled to take court action. There are various remedies you could consider, including an action for specific performance. This is an order requiring the landlord to complete the work. But this is not straightforward and success is not guaranteed. The process can be both time-consuming and expensive. I was given a tree as a gift, but it has outgrown its pot and urgently needs to be planted. I have a long lease of a ground-floor flat, which is part of an old house with a garden. Do I need permission from a landlord in order to do this? Ana, Brighton To start with, you should check your lease to ascertain what rights you have over the garden. In some buildings divided into flats, landlords may not let the garden to any of the leaseholders. In that situation, leaseholders may either have no right to use the garden at all or – more usually – will only be granted rights of access over the land. If this is the case, then you will not strictly be entitled to plant the tree. Alternatively, the garden may have been let to one of the leaseholders. It is not uncommon for the garden to be let to the leaseholder of the ground-floor flat. If that is the case, you will be fine to go ahead and plant the tree. If your lease does not permit you to plant the tree it may be worth speaking to the landlord, or the leaseholder with the garden. They may let you plant it anyway, even though you don’t technically have the right. Before planting, you should think carefully about the location. Roots can cause damage to properties by penetrating the building or its foundations. Are you affected by difficult neighbours and want legal advice? Telegraph Legal Services is provided by the leading UK law firm Irwin Mitchell – experts in property disputes. For more information and discounted rates call 0800 085 0749 or visit telegraph.co.uk/legalservices View the original article here
