AIBU to expect to sue my neighbour for stress due to their basement dig & house refurb?

[happydappy2]

The final straw is all the tarpaulin flapping in the wind at night time disturbing our sleep. I can just about put up with the noise during the day as can go out/put music on but not being able to sleep for many months will break me. It's been 4 weeks of disturbed sleep and I can't cope any longer. Anyone have any experience of suing a neighbour? It's a complete last resort but they have moved out so are not living through it....the tarp is covering the garden so is like a massive tent flapping in the wind. Why they didn't use plyboard is a mystery. Or is this just life-putting up with crap from neighbours building projects that take nearly 2 years? TIA for any advice

Yes you are

It would be very difficult to sue them for “stress”. What do you think they’ve done that’s unlawful?

Have you spoken to them, or to the builders? They won't realise it is affecting your sleep. I can really understand your frustration. I dread my neighbours moving as anyone moving into my street does a two storey extension. And I had a basement dug out opposite last year. It is horrible

Why not just speak to the neighbour?

Have you actually spoken with them?
Contact them/builders and tell them to pin/secure it down?

Have you asked them to secure the tarpaulin more securely as its waking you up? Maybe they are unaware of the issue and will rectify it as best as they can if they know.

I suspect your chances of success would be very dependent on the evidence you could drum up in support of your case.

So activity logs, sound recordings, photographs.

If you think you have a good case maybe ask a solicitor rather than mumsnet,

Maybe ask a few to see what the overall opinion is.

If you walked into my office with this, I'd laugh, I mean, walk you straight back out.

You do know that you bring a case you need to have legal merit.

People amaze me! And not in a good way.

Try talking to your neighbours.

I would definitely speak to them and their builders first - I’m sure they can find a solution to the tarpaulin problem.
Pleaae don’t sue your neighbours, unless of course actual damage is caused to your property by their renovations. Remember, once the building work is finished they’ll move and you’ll have to live next door to each other. Good neighbours are worth their weight in gold an I’m sure that they are stressed and frustrated that their building work is taking so long

Yes I've spoken to them several times about the noise at night is having a detrimental affect on our sleep-have asked them to replace the tarp with something more solid but they don't want to. Like I said its a last resort & not something I really want to do-hence looking for advice

Ask them to secure the tarpaulin and ask the builders to turn the music down a bit .

Complain each time to local council re the noise and disturbance.

If they don't want to do anything about the tarp, could you? Ask them if they'd mind if you put some big rocks or paving slabs dotted about which should hold the tarp down enough.

Or sneak in their garden in the dead of night like a cat burglar/milk tray man, and destroy and dispose of the tarp.....rinse and repeat!!

(Joke....please do not do that....that would be illegal)!

Noise cancelling headphones
White noise in bedroom
? Report them to the council for noise nuisance
Is there a party wall agreement? Can you raise a dispute using that?

You can’t sue them but they are being really inconsiderate. I have had work done on my house, and it’s obviously unavoidable. But they should definitely take steps to minimise noise and disruption - e.g. keep their use of tarpaulin to a minimum and take it down as soon as possible as it does get horrendously noisy when it’s even slightly windy. It sounds like a plane taking off!!!

We do have a party wall agreement yes. noise cancelling machine is a great idea-thanks

No you can’t sue them for this

You can't sue them but I totally empathise. We went through the same thing and it was miserable. There was no escape. It went on for ages 😞

its awful living next door to a major refurbish, it really got my late MIL down, and she wasn’t the type to stress unnecessarily, when there was the possibility of the property the other side of her, she said I will definitely move if that’s sold, as that needed extensive refurbishment also. Thankfully the owner didn’t sell. I would record of noise of the tarp and let the council know.

You sound nice.

Anybody can sue anyone for anything you like! It's just unlikely you'll win unless you have a case with quantifiable losses.

If @happydappy2 has quantifiable losses (e.g. had recorded the noise to be over 10 dB louder than normal background noise at night and had to therefore stay in a hotel given the neighbour had refused to replace the tarpaulin) then they could sue for the cost of the hotel.

If you genuinely can't sleep, then put in writing to your neighbour telling them that if they don't remove the flapping tarpaulin or brace it correctly so it doesn't flap, you will be billing them for the cost of you having to stay in a hotel.

Are any other neighbours affected?

Do you own your property? (as any dispute could potentially cause problems when selling)

I don’t think you can sue, but you should be able to. Or at least, neighbours inflicting this level of prolonged noise and stress should be required to pay compensation to those around them.

I think your two most likely routes are to

1. report to the council as a statutory noise nuisance Or
2. threaten to sue for compensation under the party wall act. Dig out the agreement and see if they are in contravention of any of it eg you could suggest they are not taking all reasonable steps to prevent nuisance to you or are making noise outside permitted times and as such they would owe you compensation for breaching the agreement. That might put a rocket up them

I would look at my party wall agreement and then write to them formally to say you will be reporting to the council and seeking legal advice on compensation for breach of the agreement and see if that forces their hand.

You have my sympathy. We are 2.5 years into a 6 week building project next door which has started with a very protracted and expensive (for them as the offenders) party wall dispute when they demolished part of our house. Constant noise, skips, scaffolding, rubbish. There are very few people in this world that I would not piss on if they were on fire, but arsehole neighbour is very much in that category.

Well it isn’t a last resort, it isn’t any resort. What exactly is your case / claim?