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Lawyer explains your rights if you have noisy neighbours and what you can do about it

Jun 15, 2023

Disputes with your neighbours can be awkward to navigate without making your living situation worse - but there are several things you can do if next door is disrupting your peace and quiet, the expert explained

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It's a problem that the vast majority of us who have ever shared walls with our neighbours with have most likely experienced - but if noisy neighbours are disrupting your life, you don't have to suffer in silence.

Whether you're being kept up at night by loud music from the flat upstairs or woken up at the crack of dawn by next door's dogs barking, it can be difficult to know exactly where you stand - and what you can do to resolve the situation. Luckily, experienced litigator Annabel Clark spoke to The Mirror to offer helpful advice for anyone being driven mad by nuisance neighbours on how to handle any disputes.

Annabel, who works as a dispute resolution partner at Keystone Law, explained that if the matter was serious enough to be taken to court, you would need to be able to prove that your neighbour is causing "substantial interference" with "quiet enjoyment" for the law to be on your side. "Generally speaking, noise after 11pm and before 7am is considered to be an interference with quiet enjoyment and constitute a common-law nuisance, which ultimately you can seek damages through the court and injunctive relief," the lawyer explained.

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She added: "There would need to be substantial interference, although it can, depending on the interference, be a single incident or an ongoing state of affairs. It can also be an action or omission, such as leaving a dog locked in the house or flat regularly to bark.

"The key question will always be reasonableness between neighbours and it's often a question of degree and circumstances, including for example the character of the neighbourhood."

Alternatively, you can also report your neighbour to your local authority, council, housing providers or the police. "The local authority is usually the first port of call as they may have information on a particular individual's noisy or abusive behaviour," Annabel explained.

"Mediation is always an option and the Antisocial Behaviour Crime and Policing Act 2014 allows the authorities to obtain a civil injunction to prevent antisocial behaviour." A mediator is someone who doesn't know either party, and is trained in how to resolve disagreements - you can ask your council to help you find one.

If you've tried the council or speaking to a landlord and still need help to resolve your noisy neighbour problem, you can get in touch with your nearest Citizens Advice branch. They are also worth chatting to if you're unsure whether your neighbour's antics are considered anti social behaviour, and they can help you decide what to do next.

However, there are some steps you are advised to take with your noisy neighbour first before escalating the matter. "The first thing you should do, if possible, is to talk to your neighbour either face-to-face or by text, email or letter and explain why what they are doing is unreasonable and how it is affecting your health and well-being," Annabel suggested.

If the situation doesn't change, you should keep a physical record of any noise disturbances, including details of what the noises were, when they occurred, and how long they went on for. You should also consider keeping hold of any messages you have exchanged with your neighbour, and collect evidence if you feel it's safe to do so, as this may come in handy later should you decide to take it further.

Have you had any bother with noisy neighbours? How did you deal with the issue? Let us know in the comments below.

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