Going to court over neighbour's building noise

Talent

After more than a year of noise from a neighbour's (next door in a semi) noisy refurbishment project and being treated with disdain when I complained, I went to Court and secured a noise abatement order which basically required him to get my permission in writing before he made any more noise. He breached it continually and I complained and got him summonsed to return to court.

I was persuaded by his GF to make an out of court arrangement which involved us signing a document continuing the basic terms of the court order but, presumably without the sanctions of a breach of a court order. He has continued to flout that agreement as well. I never asked for the Court Order to be set aside but I now wonder can I go back to the court after a year and get the breached private agreement set aside and the primacy of the original court order restored. It's getting on for three years of disruption and this guy has treated the entire process with utter disrespect. I work from home and need a certain amount of peace and quiet. I rarely refused him permission to work but there are times when I need work delayed.

Macha

[mod]Talent, I'm sorry to hear about your situation but I'm afraid no one on here can give you legal advice. A general discussion about the topic is fine though. [/mod]

Talent

Of course, take your point completely. And a general discussion is fine by me.

I'm particularly interested in hearing what happened with others who took the same route, comparing notes, as it were.

paddy147

Talent wrote: »

After more than a year of noise from a neighbour's (next door in a semi) noisy refurbishment project and being treated with disdain when I complained, I went to Court and secured a noise abatement order which basically required him to get my permission in writing before he made any more noise. He breached it continually and I complained and got him summonsed to return to court.

I was persuaded by his GF to make an out of court arrangement which involved us signing a document continuing the basic terms of the court order but, presumably without the sanctions of a breach of a court order. He has continued to flout that agreement as well. I never asked for the Court Order to be set aside but I now wonder can I go back to the court after a year and get the breached private agreement set aside and the primacy of the original court order restored. It's getting on for three years of disruption and this guy has treated the entire process with utter disrespect. I work from home and need a certain amount of peace and quiet. I rarely refused him permission to work but there are times when I need work delayed.

Theres health and safety and work practice guidlines that building companies/contractors must adhere to for building sites.

This covers areas like start and finish time of works on site.

Use of machinery/trucks and noise and the neighbourhood.



PS-It must be one hell of a huge house and refrub project if its going on for 3 years now???:pac::pac:


But the chap has a right to refurb his house though (whether you like it or not).

paddy147

Talent wrote: »

, I went to Court and secured a noise abatement order which basically required him to get my permission in writing before he made any more noise. He breached it continually and I complained and got him summonsed to return to court.

So bascily he cant do anything or make ANY noise in his own house unless he asks for your permission and you grant him permission.






OUCH...(hilti drill at the ready)


How many times did you refuse him permission though??????




I suspect that we are not being told the full story here,as its obviously one sided and biased.

Talent

TErms of the Court Order say he has to get it writing. I have rarely refused it. But all the thanks I got was eggs thrown at my house by one of his mates and him claiming I am a bully. If I was a bully I wouldn't have taken the civilised route and gone to court.

paddy147

Talent wrote: »

TErms of the Court Order say he has to get it writing. I have rarely refused it. But all the thanks I got was eggs thrown at my house by one of his mates and him claiming I am a bully. If I was a bully I wouldn't have taken the civilised route and gone to court.

Accusations here isnt a good idea,on your part.

Unless you have actual PROOF??



In your neighbours eyes and head..........You could just be a narky and cranky neighbour who is jealous of him rennovating???




WE have to balance it out here,as the neighbour is not here to defend himself.

Talent

No, you are gettng the full story. I endured 15 months of building noise and dog's abuse before I went to court. Judge said it was one of the worst cases he had seen and told him to finish the work in four months. That was 18 months ago and its still going on. It's a 3-bed semi with a small extension.

Talent

Forgot to add that the first (and only) time I complained in person he called the cops and said I was harrassing him. Two coppers wearing stab vests arrived the following monring but I was able to persuade them I had done nothing wrong.

All other complaints (and there have been dozens) were in writing and a copy supplied to the court. Judge said I had endured a lot and said I had made a very reasonable case.

paddy147

Talent wrote: »

No, you are gettng the full story. I endured 15 months of building noise and dog's abuse before I went to court. Judge said it was one of the worst cases he had seen and told him to finish the work in four months. That was 18 months ago and its still going on. It's a 3-bed semi with a small extension.

Fair enough so.:)

Dont think I was getting at you.Just trying to get the full facts here.

I had rennovation works done before in the past,and my builder went and did some work for my neighbour for free,as a "thankyou" and "sorry" for any hassle caused while rennovating.


Some neighbours and builders do this,as a general practice to "keep the peace":).

Talent

Wish I lived near you!

Talent

Looking at two major extensions +refurbishment locally where the size of the house has been almost doubled yet each took less than 6 months. One underway at present is scheduled to be finished in three months. I would not have complained about that. But 3 years!

paddy147

Talent wrote: »

Looking at two major extensions +refurbishment locally where the size of the house has been almost doubled yet each took less than 6 months. One underway at present is scheduled to be finished in three months. I would not have complained about that. But 3 years!

I know what you are saying.;)


Did he employ a builder at all,or did he take it all on himself?


Maybe he was inspired by one of these rennovation programmes on TV to tackle it himself?

Quite possibly he is in way over his head now,with regards actually completing the work?

paddy147

I dont know how hard it would be to get a court to rule in your favour again,unless they were actual court papers that you both signed and agreed to.

Its a tricky one allright,and I hope you do get it sorted asap.

You could go to the FLAC (free legal advice centre) and ask for for some legal advice with regards the situation.

Bring the signed agreement with you aswell.

Talent

He's been doing it on the drip - hasn't taken out a loan and pays workmen to come in when he has cash. That's why it has dragged on so long. There is a signed agreement which I can raise first if I have to go back to court.