Can I take out a tort of private nuisance without a recording if I have witnesses to back up my situation in court? | LawHive - Solicitors & Lawyers Online
Can I take out a tort of private nuisance without a recording if I have witnesses to back up my situation in court?
NQ, Hi, I need help. My neighbour moved in back in Jan. I live in a terraced cottage. They soon put to work with DIY and since drilling holes on the party wall I have had a penetrative low volume noise through the wall. I spoke to neighbour numerous times who has been obstructive and unwilling to resolve the issue. I contacted environmental health who recorded noise and also visited next door ...the two male officers who attended said they couldn't hear the noise and that the recording didn't pick it up, also that they didn'tsee that anything next door was causing the problem. I have tried recording it myself but it is low in volume and difficult to record. It is a continuous buzzing whistling sound. There is a hot area on my bedroom wall indicative of some electrical device on the party wall and an app on my tablet has detected an electrical device in this place. I have invited friends and the neighbours on the other side of me to listen and they can clearly hear it. My problem is that it persists 24hrs a day and especially at night it is impossible to sleep because of it. I have tried ear plugs to no avail and have resorted to using a white noise generator along with an audio book to fall asleep to. It is a miserable way to live and I have been told that to sell my house I would need to declare this ongoing problem and dispute with the neighbour. My question is, can I still take out a tort of private nuisance without a recording but provide witnesses to back up my situation in court? I just want a peaceful night's sleep and this gives me headaches, stress and there appears to be no escape. The police don't want to know and the council environmental health officers will not respond to my calls. Any help would be welcome.

Irmgard Lauro

21st March 2022

Top Answer
ASB Officer The difficulty here is that the noise is likely not at such a volume as to be a statutory noise nuisance. Therefore, EHO will struggle to progress a case. There is also no case for the Police as your complaints are not criminal. Firstly, i would recommend trying to engage in Mediation with this person. I understand that they're being difficult but do you think you might be able to get a mutual neighbour or someone to speak to them? Either to enter your home and hear what you hear or to go to a formal Mediation session? If this doesn't work, I'd suggest seeking your own Injunction against them to prohibit the use of this 'equipment' or confining its use to specific hours, seeking that they have it serviced etc, but this will be reliant on knowing what the noise is.

Marie Johnson

21st March 2022

NQ are you absolutely sure this isn't tinnitus if you can still hear it with ear plugs in?

Bobbie Stivers

21st March 2022

2 upvotes

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