The current heatwave brings with it an increase in the number of people having barbecues and entertaining outdoors. Whilst we all like to have fun, what happens if things get out of hand? What rights do you have?
Noise, smells and smoke emanating from your neighbouring properties or light shining directly into your property may all be regarded as a nuisance.
What action can be taken?
It is often the case that those causing the nuisance do not realise that they are doing so. In many cases, a calm and friendly chat with your neighbour will result in an amicable solution. If that does not work and your neighbour rents the property, it may be a good idea to speak to their landlord if the problem persists and, likewise, if you rent your property, speak to your landlord. Avoid retaliating to negative behaviour as this is more likely to have a detrimental effect rather than resolving the issue.
It could be possible to resolve the matter through mediation, and it may be the case that your local authority provides a mediation service for such purposes.
If it is not possible to resolve the matter informally then you may need to consider making a complaint to the environment department of your local authority or pursuing a claim for nuisance in the Courts.
Prior to taking such action, you should ensure you have a record of what has been happening, when it has been happening and how it has affected you, ideally in the form of a diary. This will be important evidence in pursuing your claim. Additionally, speak to other neighbours to find out whether they are experiencing the same problems, as the evidence of other witnesses will strengthen your complaint.
Ultimately, there are a number of options that could resolve the issue.
If you wish to discuss issues with your neighbours or any other dispute resolution issues please contact Amy Judge, Solicitor, on 01732 460 565 or ajudge@berryandlamberts.co.uk.
The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.
