FOOL'S EYE VIEW
You, Your Neighbour And The Law

By Jane Mack (TMFJane)
November 9, 2001

It can't be much fun living next door to someone who's like playing heavy metal exceptionally loudly when you're rather partial to a bit of Mozart. And if he dabbles extremely badly in DIY to the extent that you find his antics with his guttering are causing you a damp problem, then you're probably going to get more than a little annoyed.

Having discussed dealing with neighbour problems via mediation or your local council in the last two articles, it's now time to look briefly at the various forms of legal action you can take yourself. It depends on the trouble, of course, but there are several courses of action available.

If you've had no joy with the council for whatever reason, and you still think you've got a case, you can take action yourself through the Magistrates Court under Section 82 of the EPA. Just go to your local Magistrates court and speak to the clerk who will tell you how to do it. You don't necessarily need a solicitor and it needn't cost much but bear in mind that the court will want to know why your local Environmental Health Officer isn't supporting your case. You need to make sure that you've taken the time to collect the evidence that they have been unable to collect. And, if you've got other neighbours who will act as witnesses on your behalf, so much the better.

There are certain procedures involved which will need to be followed (such as giving the neighbour a decent amount of notice about the court action so he can defend himself) but you can take action yourself rather than employ a solicitor. If you prove your case the Court can make an order requiring the nuisance to stop and also has the power to impose a fine. Bear in mind that if you fail, you may have to pay the other side's costs

Another course of action is to sue for damages in the Small Claims Court. Again this is something you can do yourself as long as you're not after more than £5,000. If you win, and your neighbour is forced to pay up, this money could be used to fix a problem caused by the neighbour, such as damage to a fence or a damp problem. In this instance it's definitely worth checking your home insurance policy first though as you might find you're covered for legal costs in the event of this sort of problem.

A final route, and possibly the best one, is to get an injunction under the Protection from Harassment Act 1997 to stop the neighbour from doing whatever it is he's doing to you. This comparatively new law has been used to great effect against neighbours from hell, not least because if the injunction is breached, it automatically becomes a criminal offence, at which point the police take over, and it can attract a sentence of up to five years in prison!

Now, you might think that this may be using a hammer to crack a nut but, according to barrister, Neil Addison, an injunction under the Protection from Harassment Act is probably the easiest and simplest route if you've got a neighbour problem and the council can't help. And he should know - he's written the book on it! (Several, actually)

His website tells you almost everything you need to know about this particular law and how it can be applied. He estimates that if you don't feel confident enough to tackle an application for an injunction yourself, it will probably cost you in the region of £1,000, maybe a little more, to use a lawyer.

It depends how serious the problem is but, personally, I'd probably use a lawyer. Don't forget that the reason for writing this series of articles stems from the requirement to answer truthfully the questions you'll be asked when you want to put your house on the market. Have you ever had a problem with your neighbours? So if you really need to take legal action then the whole purpose of doing so is to win your case so that the trouble stops.

Obviously, if you are planning to buy a new house, you should knock on a few doors or prospective neighbours so you can ask a few questions yourself. And it's common sense to visit the property you're buying at different times of the day or evening, weekdays as well as weekends, to see if there's a nuisance problem of any kind.  But at least you can be safe in the knowledge that if your sellers have lied about neighbour problems then you can sue them.

It's those who've already got a neighbour from hell who are in a real predicament. If you can't resolve it via a polite chat then be prepared to use the law to sort it out. And I mean, sort it out so that you can truthfully answer the pre-sale questionnaire with "Yes, but it has now been resolved."

Finally, if you want to discuss a problem you may have with a neighbour, don't forget the Fool has a Legal Issues discussion board which has a couple of lawyers looking in. Even if they can't comment on your particular difficulty, at least you can have a rant and a rave about it!

More information: Homeowning Centre