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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to complain about neighbour

15 replies

hawaiiWave · 26/07/2012 20:59

Over the past year my neighbour has sporadically lit bonfires in an oil drum. When he has lots of leaves, rubbish or anything else he can't be bothered to take to the tip or compost he sets light to it in his oil drum.

The problem is, we live in tiny terraced houses with ten foot gardens, so the bonfires he lights send smoke all over the back of our house and into any open windows. When neighbour first started this, dh and I tried to approach him about it but he ignored us knocking at the door (I think he'd seen us frantically closing windows and knew we were round to complain). So after a few weeks we complained to his landlord in writing and went to see the landlord. He was vaguely interested but obviously couldn't be bothered to deal with it.

So today the neighbour had a bonfire for over an hour, smoke billowing into my house whilst I closed all the windows asap. The serious thing is that ds is six months and had been having a nap in his cot with the window open - his room was filled with smoke. Thankfully as I realised the smoke was there I moved him and he was fine, but had I been in the front of the house I wouldn't have realised and ds could have suffered a lot of smoke inhalation, with horrendous consequences.

I called to the neighbour from the upstairs window once ds was safe and the neighbour was his usual arrogant self, he told me to close the windows if the smoke bothered me and sneered when I said how could I know to close the windows if he didn't tell me he was having a bonfire?! I said didn't he care a six month old baby was napping in a room filled with smoke and he continued his arrogant sneer and disappeared from view.

I called the police on the non emergency number to report his behaviour as I believe it to be dangerous.Aibu? The police said they will speak to him.

OP posts:
hawaiiWave · 26/07/2012 21:00

Ps we have had no other complaints about neighbour, he has lit about ten bonfires in the past year.

OP posts:
ObviouslyOblivious · 26/07/2012 21:00

Contact Environmental Health whilst it's going on.

SimplySoo · 26/07/2012 21:03

Definitely contact environmental health at the council. And try your landlord again.

olympickibucket · 26/07/2012 21:03

There are rules about bonfires environmental health will be able to tell you.

hawaiiWave · 26/07/2012 21:09

Thanks will try environmental health. Neighbour rents but we have a mortgage, so its his landlord we've informed...

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ObviouslyOblivious · 26/07/2012 21:09

Ok, so police cannot assess whether there is a statutory nuisance (under s79 of the Environmental Protection Act 1990. Only EH can do that, and they can only do it whilst it is actually going on. So you either need to call them when it's happening and get them to come and witness it, or you keep a diary so they can schedule a visit when it's likely to be happening. YANBU

Sallyingforth · 26/07/2012 21:13

And take some photos/video.

ObviouslyOblivious · 26/07/2012 21:15

That's technically no good for assessing nuisance Sally, but I suppose could be useful in a civil case should the op wish to take further with the landlord.

AgentProvocateur · 26/07/2012 21:20

Are there really rules about bonfires?! I had no idea. Not that I have them very often, and I would check that neighbours didn't have washing out. But I think calling the police was a huge overreaction.

hawaiiWave · 26/07/2012 21:27

I called the non emergency police number as I wanted to ask them if there was anything they could intervene on his behaviour as I felt it was very dangerous that he would light a bonfire when his neighbours had all their windows open including the baby's window....but perhaps the police were the wrong people to phone.

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hawaiiWave · 26/07/2012 21:28

Obviously - thanks for your knowledge, gratefully received!

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Viperidae · 26/07/2012 21:30

There are indeed rules. We used to live near a pyromaniac and other neighbours used these to complain.

cece · 26/07/2012 21:32

Print this and give him a copy.

WhereYouLeftIt · 26/07/2012 21:53

From my local council's EH website :

Bonfires and the Law

Where a neighbour is causing a problem by burning rubbish there are legal powers to deal with it. Under the Environmental Protection Act 1990, a statutory nuisance includes ?smoke, fumes or gases emitted from premises so as to be prejudicial to health or a nuisance?. In practice, to be considered a statutory nuisance, a bonfire would have to be a persistent problem, interfering substantially with your well-being, comfort or enjoyment of your property.

If bothered by smoke, approach your neighbour and explain the problem. They may not be aware of the distress they are causing. If this fails, please contact us for advice.

You've already approached the neighbour, so time to go to Environmental Health, methinks.

hawaiiWave · 26/07/2012 22:09

Great, thanks, its much appreciated!

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