Neighbour issue - what can be done?

[woolythoughts]

This is an issue with for mothers neighbours (the Smiths) which caused a philosophical argument between me and her. I’m curious as to what exactly could be done by the Smiths. This isn’t exactly academic as if there is something that could be done then I’ll pass the advice on hence posting here for considered opinion. I have also posted in AIBU for traffic.

1. The Smiths had new neighbours move in, lets call them the Jones.
2. Jones were extremely loud during the night causing the Smiths sleep to be disrupted multiple times – shouting, screaming etc.
3. Mrs Smith politely asked the Jones to be considerate as they hadn’t slept properly for days. I believe this was done politely as Mrs Smith wouldn’t say boo to a goose and wouldn’t hurt a fly.
4. Since then, the Jones have: a. Deliberately made noise in order to irritate the Smiths b. Set out to post abhorrent things about Mrs Smith on various social media platforms. This is daily and is pushing Mrs Smith to the edge. c. The Smiths are in negative equity so would find it difficult to move but don’t want to do anything that would hurt their chances if they get to breaking point

My View:

I don’t think there is anything that the Smiths can actually do.

1. They could try the council for noise nuisance but that is so hard to actually achieve anything by and would have an official neighbour dispute on record
2. I’m not actually sure whether (1) makes any difference as part of my brain is saying you now have to disclose if there is anything a potential purchaser needs to know about even if not formal dispute so they would have to disclose it anyway. I may be wrong on this.
3. In terms of the social media, they are not inciting violence or referring to any protected characteristic – just being absolutely vile. Therefore, I don’t think they are breaking any law as such since we do have freedom of speech.
4. Best I could think of is maybe trying to get the police to bring a case for harassment….. but probably a long shot.

Conclusion: The Jones are doing this because they know it upsets the Smiths and the best thing is to learn to ignore it and the Jones will get bored eventually. It’s the best way to deal with bullies.

My mothers views:

The police would have to do something and it has to be Libel at least. However I thought if you sue for libel it has to be because you’ve suffered some form of economic damage from it – in this case they haven’t. Go to the police and the council and get them to fix it.

Are the Jones ' council tenants then? If not they will not be interested.

Will the Smiths sell as soon as not negative equity? If so when is that likely? Try to avoid neighbour dispute which they will need to declare.

Last resort is to see a solicitor about a Protection from Harassment Order - civil matter not criminal.

I went to the council and had an official neighbour dispute on record and still sold the flat no problem. The issues were put down as a personality clash....

we do have freedom of speech

Yes we do but we also have libel laws. The Jones family can post honest opinions but they cannot post anything that is untrue. So they can, if they wish, say that Mrs Smith is a horrible person who thinks she is above other people as that is a matter of opinion. They cannot say that Mrs Smith has assaulted someone or describe her as a thief, paedophile or whatever. Regarding the social media posts, Mrs Smith can ask the relevant social media provider to take down the offending posts. Most of them will comply with any request to remove abusive material.

Libel is not a criminal issue. The police would not get involved.

If you sue someone for libel you do not have to prove economic damage. You do have to prove that the libel would damage your reputation.

Are the Jones ' council tenants then? If not they will not be interested

Yes they will. The council will deal with complaints about noise nuisance regardless of whether the offender is a council tenant. The council can issue a noise abatement order. If the noise continues they can be fined. The complaint to the council would have to be declared when selling the property but that won't necessarily stop the sale.