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AIBU?

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Original poster

To think this will be laughed out of court?

76 replies

NotYourNoisyNeighbour · 15/08/2018 12:23

Name changed as people might recognise me from this.

We (2 adults, 2 children aged 6 and 3) live in a terraced house made of two combined flats. Our next door neighbour on the ground floor only has a track record of antisocial behaviour towards everyone nearby (she has been given a police warning previously for Breach of the Peace after yelling at me and another neighbour in the street).

A major bone of contention for her is the "excessive noise at antisocial hours" coming from our house. This is RIDICULOUS. We do not play loud music, have the TV on loud or have parties (if we have people over at all in the evening it'll be once a month or so, chatting in the living room, away by 11pm - nothing loud!). The children are upstairs (and therefore not in rooms next to their flat) every night by 7.30pm. We usually stay upstairs then too and watch TV in our bedroom.

The noise they are complaining about is LITERALLY the noise of us walking around the house, speaking at normal volume and the kids playing. Maybe the TV or radio but those are placed away from the wall we share with them and we don't hear theirs so I don't think they can hear ours. The only sounds we hear from them are things like the washing machine spin or loud coughing next to the adjoining wall. The adjoining wall has a corridor and bathroom on our side and on theirs I believe a bathroom, closet and the kitchen. But our living room and kitchen do not adjoin.(I'm just saying this for context.)

A few weeks ago they sent us a solicitors letter moaning about the noise and threatening court action. We can't really do anything about the normal noise of people living in the house so we ignored it. Today we got another solicitors letter. They are saying if we don't reduce the noise within 7 days they have been instructed by their clients to raise court action. We are not noisy!!

I really don't want to spend money on a solicitor fighting this ridiculous non-issue. Am I right in thinking it will get laughed out of court? They have no evidence because there is no evidence! And if there were surely the council would be the people to deal with it, not a solicitor? I'm guessing they only went to the solicitor because the council told them nothing could be done.

We live in Scotland so it's Scottish Law. TIA.

OP posts:
Redken24 · 15/08/2018 12:26

Do you own your home?

Clairetree1 · 15/08/2018 12:27

do you have carpets and rugs

Oldraver · 15/08/2018 12:27

I dont have any advice but they sound bonkers. And solicitors will send letters as long as someone is paying.

I dotn know the law in Scotland but surely a person doesn't take someone to court for noise disturbance, it would be th council ?

hidinginthenightgarden · 15/08/2018 12:30

She could take you to civil court but would need evidence. If she did you could probably countersue for harassment.

FrogFairy · 15/08/2018 12:31

I thought that the normal route for noise complaints was via the council. Keeping a noise diary and then the council would install equipment to measure the noise levels. I suppose if it then ends up in court the recordings would be submitted as evidence.

I don’t see how they can take you to court purely on their allegations of noise with no proof.

Aprilshowersinaugust · 15/08/2018 12:32

Ignore and carry on living!!
Solicitors will send a letter about anything trust me.

This example is the honest truth :
I got a letter from exh's solicitors complaining I had recently installed blinds in all of my widows thus preventing exh viewing (spying) into my house!!
Cf I tell you!!

MairyHole · 15/08/2018 12:33

If I were you I would send a letter back to the solicitors saying you do not understand, have seen no evidence and find their letter intimidating.

If they have any sense at all they will back off because solicitors cannot go around threatening legal action against unrepresented lay people.

Original poster
NotYourNoisyNeighbour · 15/08/2018 12:34

We do own our home (well mortgaged), as do they.

We have wooden floors downstairs, but they're not below us - only next to us. We had carpet until recently and they complained about the noise then too.

I agree oldraver, I thought it would be the council.

I should add that neither of the letters we've had have named any laws we're supposedly breaking.

Also we've had two different neighbours in the flat above them (= next to our upstairs) in the time we've lived here and they've never had an issue with us for noise or anything else. The previous person above them once showed us a huge stack of solicitors letters he's had from them (they never went to court, again he did nothing wrong it was all in her head!)

OP posts:
HirplesWithHaggis · 15/08/2018 12:35

I am in Scotland, though I'm not a lawyer. Do the letters specify what "court action" they intend to take? Because I don't think they have any cause... As Oldraver says, a lawyer will pretty much write what they're paid to write, and the letter has no more "power" than a note popped through your letter box. It's a lot more expensive for your neighbours though.

glintandglide · 15/08/2018 12:36

Yeah let her waste her money. It won’t be laughed out but she won’t get anywhere.

When the court papers come through ask to see their evidence

Original poster
NotYourNoisyNeighbour · 15/08/2018 12:37

That's good advice MairyHole. The letters have ended with "We look forward to hearing from your solicitor" but we don't have one and I'm not about to appoint one when I'm not breaking any laws.

The letters have also included many typos including mention of "unscalable hours" Hmm, spell one of our names wrong and in one case were dated from a month that hasn't happened yet! So I don't think they are very discerning solicitors Wink

OP posts:
Noqont · 15/08/2018 12:39

I'd ignore it.

FuckPants · 15/08/2018 12:40

Is the letter from a solicitor and not your batshit neighbour?

Original poster
NotYourNoisyNeighbour · 15/08/2018 12:40

Aprilshowers sorry to hear about your ex being such a dick Sad

OP posts:
kirinm · 15/08/2018 12:41

Any 'claim' they make would have to be made in nuisance and I guess the most they could do is seek some sort of injunction but they'd need evidence! Before legal proceedings are issued, a solicitor will need to serve a Letter of Claim setting out all allegations with evidence. If you haven't received one of those I'd either a) ignore them or b) write to the solicitor and tell them you require a fully particularised claim and allegations and that if they issue proceedings without complying with the Pre-Action protocol, you'll refer their conduct to the court.

hibbledibble · 15/08/2018 12:42

It sounds like these letters are purely to intimidate you. Are they even from real solicitors? I would check the name of the company, and also call them on their publicly available number to confirm this.

I highly doubt they will actually seek legal action against you, and even if they did, it sounds like they have no evidence.

It's also foolish of them to send these letters if they own their flat. If they ever want to sell it, they will be legally obliged to declare their 'noisy neighbours'.

Original poster
NotYourNoisyNeighbour · 15/08/2018 12:42

HirplesWithHaggis no they don't specify any laws or particular court action. I wonder if it's just bluster - they can day they've been instructed to begin court action, but the first step of beginning that could mean deciding not to as there's no evidence IYSWIM.

OP posts:
Original poster
NotYourNoisyNeighbour · 15/08/2018 12:43

FuckPants yes they're from a solicitor.

OP posts:
arranfan · 15/08/2018 12:43

The letters have also included many typos including mention of "unscalable hours" hmm, spell one of our names wrong and in one case were dated from a month that hasn't happened yet! So I don't think they are very discerning solicitors wink

You're sure it's actual solicitors' letter and not that she's scanned the letterhead? Just because the typo errors seem odd, as does the lack relevant by-laws etc. or indication of gathered evidence verified by Council's Environmental Dept. or equivalent.

Original poster
NotYourNoisyNeighbour · 15/08/2018 12:44

kirinm thank you so much for that. Can I just confirm that is the case in Scottish Law?

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AjasLipstick · 15/08/2018 12:46

Owning the house is neither here nor there Hmm there's some weird MN misconception that tenants are easier to push about than owners.

Unless you're the landlord, they aren't.

People can be wankers or decent whether they own or rent.

HirplesWithHaggis · 15/08/2018 12:46

Yup, total bluster, and it sounds like this is a habit if ex neighbours had the same problem. It's a pita for you, but ignore the letters (and your neighbour). From your updates, I don't think the lawyers are real either.

Andtheresaw · 15/08/2018 12:47

I'd be tempted to call the solicitor's office in case someone with a spelling disability has got hold of their letterhead......

Ignoramusgiganticus · 15/08/2018 12:47

The previous person above them once showed us a huge stack of solicitors letters he's had from them (they never went to court, again he did nothing wrong it was all in her head!)

Ignore them.

Original poster
NotYourNoisyNeighbour · 15/08/2018 12:49

hibbledibble and aranfan. I think they are real solicitors - they're one of the big firms in the city centre and the envelopes are franked by them. I think theyre just crap ones. The letters aren't signed by a particular person either, just the name of the firm.

I think it is just bluster and intimidation.

I also don't know WTF she thinks we could actually do. If we were making actual noise like parties and stuff we could stop, but short of moving out we can't really do anything!

OP posts: