Advice on taking private action for neighbour nuisance

Who decides if something is a statutory nuisance

Our Environmental Health officers are the recognised experts in assessing the existence of a statutory nuisance. If they consider a nuisance is being caused, a magistrate will usually accept their view.

However, it is not always possible for the Environmental Health team to establish the existence of a statutory nuisance. This may be because the nuisance occurs only occasionally, and it is not possible for council officers to witness the nuisance.

In some cases the officer may feel the matter could not be classed as a ‘statutory nuisance’ and therefore, cannot take any legal action on behalf of the complainant. In this situation, you can take independent action by complaining directly to the Magistrates’ Court under section 82 of the Environmental Protection Act 1990. This is a straightforward process and not an expensive option. It is not necessary to employ a solicitor, as the clerk of the court is responsible for guiding you through the process in court.

What you should do

Discuss the problem with your neighbour. Many problems can be resolved informally, with a little co-operation on both sides. Sometimes neighbours do not realise they are causing a problem. Try to be reasonable, otherwise discussions could end in further arguments, and deterioration in neighbourly relations.

If this fails to resolve the issue, you may wish to undertake mediation. Mediators are independent, non-legal people who listen to both sides of the dispute, and support those involved in reaching an agreement:

A guide to civil mediation - GOV.UK

UK Mediation Services webpage

If attempts to resolve the matter informally fail, you may complain directly to the magistrates’ court.

How to complain directly to the magistrates’ court

The magistrate must be satisfied that the issue amounts to a statutory nuisance.

The following will help you to put your case:

• keep a detailed written record of the problem and its effects
• the record must be accurate, stating each date and time the problem occurred, and describe how it affected you, for example: could not sleep, could not hear TV
• do not exaggerate any effect or times, stick to the facts
• remember there must be an unreasonable interference with the enjoyment of your property
• provide as much evidence as possible to support your allegation of a nuisance
• if you decide to take action under Section 82 of the Environmental Protection Act 1990, you must give the perpetrator at least three days notice for noise issues, and at least 21 days for all other nuisance issues

What do I need to include in the notice to the perpetrator

The notice should include details of the complaint and can be delivered to the perpetrator by hand or post. Make sure your letter is dated and keep a copy.

It is likely to strengthen your case if you have acted in a reasonable manner, and given the perpetrator the opportunity to rectify the situation before resorting to legal measures.

What if there is still no improvement

The next step is to contact the clerk of the magistrates’ court. Tell them you wish to make a complaint under Section 82 of the Environmental Protection Act 1990. They will make an appointment with you to discuss the procedure, and ask you to produce evidence that you have an arguable case. You must also let them know if the environmental health team has been involved in the investigation.

A summons will be issued and served on the perpetrator, stating the date and time arranged for the court hearing. They will probably come to court to defend themselves, and may even make counter-accusations.

You may want a solicitor to represent you at the hearing, but this is not essential. Legal Aid is not usually available towards the cost of proceedings in the magistrates’ court, but legal advice prior to the proceedings may be available under the green form scheme, depending on your financial circumstances.

If you present your own case, the clerk of the court will give you advice and guidance, or you may be able to get help from your local Citizen’s Advice Bureau.

At the court hearing both parties will be given the opportunity to present their case to the magistrates. They will then decide the outcome of the case based on the evidence heard. If they are satisfied that a nuisance exists or may start again, they will make one or both of the following:

• an order requiring the person causing the nuisance to stop it within a specified time
• an order preventing the nuisance being started again

The magistrates may also fine the perpetrator up to £5,000 if they feel this is necessary.

If the magistrates are not satisfied that a nuisance existed, exists or is likely to occur, no formal action will be taken.

How to complete the diary record forms

It is important to keep an on-going record of the disturbance you are experiencing.

Diary sheet