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Legal matters

Nuisance neighbour council unwilling to serve notice due to age!

5 replies

sleepyMe12 · 04/06/2013 22:02

Hi I have had problems with the elderly lady underneath me with regards to her television.
Her television is constantly at such a loud level that I can no longer sit in my living room.

I have paid an extortionate amount to have my flat sound proofed and this has not helped.

I have had the noise team around over ten times in the last month alone, everytime they havw agreed that it is far too loud.

The council has had many meetings with her and still the same.
I have been told by the noise team that they have been told by the manager not to respond or come out to my address as they are unwilling to serve a notice on such an elderly lady!?!

This is destroying mine and my 2y dd.

Can they legally do this?

OP posts:
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Boomboomboomboom · 05/06/2013 20:58

How old is she? I have obtained injunctions and actually possession orders against people in their 80s - the oldest being 86! All for councils/social landlords.

Do you both own the properties? If so then they are probably limited to enforcement action upon serving a noise abatement notice - just because she is old and presumably hard of hearing doesn't mean she cannot use headphones.

If she is a council tenant then they can consider other action based on breach of her tenancy.

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AnitaBlake · 06/06/2013 06:00

Technically where are nuisance is known to exist, enforcement action must be taken and notices served. If te council fail to do this or judge that no nuisance exists, it is possible to take private action against the perso causing the nuisance x

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Ogg · 06/06/2013 08:02

Ring your local counceller and or NO plus write to the department asking them to put their reasons for non prosecution in writing. Suing her your self should be a last possibly expensive option and seams unnecessary when they agree she is causing nuisance

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Ogg · 06/06/2013 08:03

Sorry should say MP

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bachsingingmum · 06/06/2013 14:21

There was a programme with a similar situation on TV a few months ago. It was an elderly gentleman who was deaf and needed the TV on full volume to be able to hear it. He couldn't appreciate the misery he was causing. A lovely lady from (I think) the housing association really helped by buying him some headphones and encouraging him to get proper hearing aids. By the end everyone was happy, due to her skillful handling. Worth investigating whether there are more constructive ways of dealing with this.

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