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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To consider getting legal advice about nasty neighbours?

50 replies

Looklively · 12/01/2023 18:15

Not sure if this really qualifies as an AIBU question, but here goes… strap yourselves in, it’s a long one:
We have a neighbour who has relentlessly pursued us through the council about the installation of an air con condenser unit that was installed in 2020. We were reassured that it was not in contravention of any existing regulations by the supplier who initially put it up on the side of the house overlooking the neighbour’s garden. The neighbour’s garden sits to the side of our property, and the unit was positioned on our wall at second storey level, above our garden path which separates the properties (so visible from the end of their garden).
The neighbour started berating the installation team as they were working, complaining that it was against the planning act and that they should stop work immediately. At no point did they try to talk to us - instead they put a snotty letter through the door. It got to the point that the installation team called the police (unbeknown to me) and the neighbour apparently got a warning. The supplier meanwhile reiterated that putting up the unit didn’t fall within the planning act’s limitations, as the unit was positioned further than 6ft away from the neighbour’s property.
We then received a call from the council planning dept saying they’d had a complaint and could they come and look at where the unit was positioned, as they needed to decide if we should apply for planning or not. They came out and said it was technically a moot point as the planning laws haven’t yet been updated to allow ‘air source heat pumps’ to be installed within a certain distance of neighbouring properties - albeit ours was on the limits. They recommended we moved the unit to keep the peace, so the supplier came back and put it on our back wall, well away from the neighbour, out of sight and presumably that was that.
Three months later we had another call from the council - this time Environmental Health, who asked if they could come and check the noise pollution levels as they’d received another complaint from the same neighbour. And this was BEFORE we had ever even used the air con! We duly had them round to test the noise levels (it’s a modern unit that already meets the prescribed decibel levels) and they managed to record an aeroplane overhead and a bird tweeting next to them that was louder!
Environmental Health commiserated with us for having such CFs as neighbours and reassured us that it was unlikely to go anywhere as it was all completely overblown. That was six months ago.
Today I received yet another call from Env Health, asking again to come and measure the sound levels of our unit. Luckily it went to voicemail, otherwise my mouth would’ve got the better of me.
All the while said neighbour studiously avoids all possible contact - blatantly ignores my husband when he says hello and generally acts like a bit of a prick (inviting all the neighbours except us for drinks in their garden). I wouldn’t mind if we’d been running the air con at full tilt for the whole summer and it had somehow managed to disturb them (it’s underneath and next to our bedroom windows and we don’t hear it - and we’re light sleepers) but due to the ridiculous energy pricing situation we only had it on a handful of times during the heatwave and never since.
So dear MNers (if you haven’t dozed off yet) WWYD? I’m not rushing to call EH back since I’m not feeling very magnanimous (surprisingly) and wonder if it’s unreasonable to feel persecuted and bother to get solicitors involved, or if it will only make the problem worse?

OP posts:
OnlyFannys · 12/01/2023 18:23

I have no helpful knowledge or advice just some sympathy as they sound batshit

Gazelda · 12/01/2023 18:27

I'd call EV back and remind them if the previous visit. Add in the planning complaint too.

Hopefully they'll put 2 and 3 together and realise they have a vexatious customer and they'll not pander to future complaints.

It would be cheaper and more neighbourly if you could get EV to rebut the neighbours' complaints rather than go legal.

Keep the legal tactic for if they persist after the council (hopefully) warning them off.

FuzzyPuffling · 12/01/2023 18:28

Become a registered wind chime tester.
(Probably no such thing, but having had batshit neighbours myself it feels reasonable)

Fraaahnces · 12/01/2023 18:33

Do any of their other neighbours have kids? Maybe start donating some recorders anonymously.

VeniVidiWeeWee · 12/01/2023 18:53

What legal advice do you think you could get?

They are allowed to raise issues with the council.

Looklively · 12/01/2023 19:35

VeniVidiWeeWee · 12/01/2023 18:53

What legal advice do you think you could get?

They are allowed to raise issues with the council.

Oh I don’t know, on whether to issue a cease and desist, or something that puts paid to what is fast becoming harassment?

Complaining is one thing - being unreasonable just for the sake of it is something else.

OP posts:
2bazookas · 12/01/2023 19:36

Are you sure the VM is genuinely from Environmental health?

I'd send the following to EH , formal letter by registered delivery

"It is 6 months since your inspector attended my property on date X to measure the sound level from our AC unit following a vexatious complaint . He measured the sound levels and gave me to understand there was no problem.

On Date Y I received a voice mail purporting to come from your department making the same request to test the same machine again. Why?

We are puzzled and alarmed what is going on here, and would be grateful
for your explanation. Please ensure that all correspondence is in writing "

Puts the ball in their court and subtly implies you won't tolerate unfounded complaints .

Looklively · 12/01/2023 19:36

@Fraaahnces and @FuzzyPuffling thank you for making me chuckle 😄

OP posts:
Looklively · 12/01/2023 19:39

Yeah, pretty sure it’s genuine - they usually follow up with an email. But since I’m in no rush to get back to them we shall see. We ignored for as long as possible the last time, since it’s all a load of old cobblers anyway!

OP posts:
justanotherhappyflunkie · 12/01/2023 19:39

Any dispute would need to be disclosed if you sell the house. At the moment I don't think you would need to disclose as neighbour hasn't approached you directly but if you escalate for a cease/desist type legal document then it would need to be declared.

ElephantInTheKitchen · 12/01/2023 19:40

Like most council departments, EH are overrun with work at the moment. Chances are the CF neighbour hasn't mentioned the previous, dismissed complaint and they don't realise they've already dealt with this nonsense. Call them up, let them know the history, and I very much doubt you'll have a visit.

Astaphorial · 12/01/2023 19:40

I would just call them and explain what's what. That the beighbour is at it and to check their records and they'll see nothing was amis then.

purpleme12 · 12/01/2023 19:43

I guess it's about whether you think a cease and desist letter will work. It depends whether they're the type of people that would scare them to submission. I mean for example say you pay for the letter, but they keep doing it, you couldn't actually take any further action on them because unfortunately although I can exactly how it feels, what they're doing is legal. So the letter served no purpose and waste of money.

Looklively · 12/01/2023 19:45

justanotherhappyflunkie · 12/01/2023 19:39

Any dispute would need to be disclosed if you sell the house. At the moment I don't think you would need to disclose as neighbour hasn't approached you directly but if you escalate for a cease/desist type legal document then it would need to be declared.

Well I was presuming that if we were to try and sell (we aren’t) that an open complaint would come up on the searches.

And by that token, if the complaint had been resolved (because the complainant had been told that they get a harassment charge against them, if such a thing is even possible) that it wouldn’t, IYSWIM?

OP posts:
justanotherhappyflunkie · 12/01/2023 19:47

On the sellers form that your lawyer gives you there is a specific place for disputes to be declared. You have to declare it regardless of the potential buyers searches. Its a legally binding document and can result in buyers suing you (might not be the legal term) if its not declared.

justanotherhappyflunkie · 12/01/2023 19:48

Sorry posted too soon - also regardless of whether or not it has been resolved

purpleme12 · 12/01/2023 19:49

I guess you could take it to civil court perhaps that's what you're thinking but then it would cost you money I think?

Motelschmotel · 12/01/2023 19:50

I would spend as little of my time and none of my money as possible. You know you’re in compliance. EH know you’re in compliance. The planning Dept has signed off. If your neighbours want to spend their time on this, let them. Nothing to do with you. For all you know, they’re rabid eco warrior with in-principle objections to the very idea of air con, trying to make a point.

Just give it a few more hot summers, a few more neighbours installing units in their homes, and see what happens and who is crossed off the garden party invite list. You’ll soon learn they’ve been bitching and moaning to the whole street, who have managed to keep their cool while your neighbours get all hot and bothered 😎

NotTooOldPaul · 12/01/2023 19:52

Go and knock on your neighbour's door, or ring the ball or whatever and talk to them. Ask what the problem is. Sort it out face to face rather than invloving loads of other people.

OdeToBarney · 12/01/2023 19:57

purpleme12 · 12/01/2023 19:43

I guess it's about whether you think a cease and desist letter will work. It depends whether they're the type of people that would scare them to submission. I mean for example say you pay for the letter, but they keep doing it, you couldn't actually take any further action on them because unfortunately although I can exactly how it feels, what they're doing is legal. So the letter served no purpose and waste of money.

Sorry but I disagree. It's now heading in the direction of harassment, which is a criminal offence.

purpleme12 · 12/01/2023 20:01

OdeToBarney · 12/01/2023 19:57

Sorry but I disagree. It's now heading in the direction of harassment, which is a criminal offence.

I have police involved in my harassment from neighbours. What the neighbours have done so far is legal. I'm not disputing that it's harassment. But the police for example wouldn't take this further, about the numerous reports to agencies.
OP of course could always try though, nothing stopping her talking to police.

purpleme12 · 12/01/2023 20:03

There have been many things our neighbours have done to harass us. The police have only been able to take action on the illegal incidents. Other things were very morally wrong, but legal

watchfulwishes · 12/01/2023 20:04

I would just deal with it with EH as quickly as possible.

Are you planning to move any time soon?

I think you need to try not to take it personally - when people get an irrational obsession like this it is not really about you or the issue - it is about them. That doesn't make it OK, but they presumably have something going on.

StoneofDestiny · 12/01/2023 20:24

I'd just do nothing until the next time they send in a complaint. Then I'd tell the officials to note that this is the 4th complaint and as you have not been found in breach of anything, when are they going to rebuff the neighbour as 'harassing'.

Showdogworkingdog · 12/01/2023 20:29

I’m amazed the EH officer is coming out so readily, especially as he’s already been out already for the same issue and found no case to answer. My local council insists the complainant logs the date, duration and impact of each incidence of noise nuisance for weeks to prove there’s an issue, only then does the EHO visit. I would certainly ask about this as the complaints do seem vexatious and intended to intimidate/aggravate you - the police told him off so now he feels like he needs to get even perhaps? Some people just can’t let stuff like that go.

I would get back to the EH quickly and ask them what they’d suggest to de-escalate matters, reminding them they have already determined there’s no nuisance being caused here. You could also involve the council’s antisocial behaviour team on the basis your neighbour is harassing you, but given your neighbour’s ott reaction so far, it might make him up his ante so perhaps see if you can avoid that, and keep it as your last resort. Plus you’d then have to declare he’s been problem if you wanted to move.

My neighbour is a dickhead too, though he’s the one normally being the nuisance - bonfires, karaoke in the garden at 3am, dropping his crap over the fence into our garden…it’s such a pain living next to a dick, you have my sympathies.