We all know of someone who has at some time experienced problems with a neighbour. Be it a boundary dispute, or loud music late into the night, these are not unfamiliar issues. At their worst, problems with neighbours can last for years and prove to be the bitterest fought legal battles out there.
Why is this?
In most cases it is due to a number of elements that contribute to form a “perfect storm”.
Parties can prove more sensitive in domestic disputes. The smallest of issues can become magnified when they encroach on our home lives. This is usually why they make for such popular news stories and TV programming. To an onlooker, a noisy dog often seems amusingly trivial, but to the person effected, such a nuisance can be highly unpleasant.
There is rarely a win-win situation. While the matters that raise the most attention in the press usually concern overgrown firs or the disputed ownership of 4 inch wide strips of land, the majority of neighbour disputes arise in blocks of flats. Increasingly diverse lifestyles compounded by increased population densities bring incompatibilities to a head. Boundary disputes and high hedges usually result in some measure of compromise; flat blocks inherently require more tolerance and more consideration.
Disputes often come down to one party’s word against another.
It is easy to assume when we complain that we will be recognised as the reasonable party. But the landlord or the local authority is faced with two sides each arguing that the other is the party at fault.
It can happen to anyone
In a high profile case earlier this year, residents living below a £4.7 million flat in Belgravia incurred £140,000 of legal costs in a failed attempt to compel their neighbours to carpet newly installed wooden floors. They complained that the sound of heels clicking on the £100,000 oak flooring was an unfair nuisance caused by breaches in the lease. Interestingly, in dismissing their case, Lord Justice Ward stated, ‘Not all neighbours are from hell. They may simply occupy the land of bigotry. There may be no escape from hell, but the boundaries of bigotry can, with tact, be changed. Give and take is often better than all or nothing”
Additionally, the current dispute is frequently a smokescreen for other, long-running conflicts. Where there are underlying issues, any new problem is quickly exacerbated.
There can be further problems when considering satisfactory outcomes
Processes can take a great deal of time, meaning no fast resolution and whatever is determined, usually, after it all, the two parties are left living next to each other.
Even trying to move away may not provide the clean break it might appear. A regular question from buyers’ solicitors is now, “Are you aware of any dispute with neighbours?” Disputes can affect the value of a property. In March this year a homeowner in Essex began court proceedings against the previous owners of his house for in excess of £100,000. The papers he filed in his claim stated that the sellers had misrepresented the situation regarding their neighbour, portraying him as someone who “kept himself to himself”, when in fact he had previous convictions, an anti-social behaviour order and a history of “extreme anti-social behaviour”. According to the claim this meant the property that was bought for £179,000 was in fact worth less than £100,000, and the court must now decide whether the purchaser is entitled to recover the difference.
What to do?
As in many other areas where lawyers are asked to give advice, there is usually a legal recourse, and a real world solution.
It is often observed that as a nation we are becoming less tolerant, yet where appropriate, the swiftest resolution of a neighbourly dispute is discussion between the parties. The neighbour causing the nuisance may not be aware of the effect their actions are having.
A friendly and polite approach may be enough to stop the problem before it escalates into anything more.
If a problem is not capable of resolution through discussion between the parties then you need a good understanding of your rights and options. These will vary due to circumstances. In flats, the first consideration should be the terms of the lease. Most frequently, there is no contractual agreement between individual leaseholders. Instead, the lease will oblige your landlord to ensure other leaseholders adhere to the same covenants by which you are bound. You cannot take action directly against another leaseholder but your landlord might be able.
The relationship with your landlord or managing agent is key!
It is important to notify them as early as possible when you are experiencing nuisance.
Often a timely letter from their landlord will be sufficient to remind neighbours of their responsibilities, and will stop the majority of nuisance behaviours.
For those problems that are not resolved by a letter a landlord needs to demonstrate robust procedures in place for taking the matter further. You will need to support them with good evidence of the problem you are complaining about.
As well as contractual rights…
You have statutory rights that might be of use. Your local authority will have a nuisance team you can contact for complaints such as noise.
Lengthy litigation will often produce the right result, but it comes at a cost, and most people unfamiliar with legal process seriously underestimate the time, cost and emotional wear of court proceedings. The courts are growing tired of dealing with disputes that could have and should have been resolved between the parties without costly litigation.
As is the case so often, the best solution is more low key – early action to resolve matters quickly. Acting with a cool head and remaining reasonable at all times can be very hard, but pays dividend.
For Landlords good property management is essential. The correct balance must be struck between allowing a tenant the freedom to enjoy their property and taking the appropriate action to ensure behaviours that cause nuisance are dealt with as swiftly and efficiently as possible.
With our own in house legal team, we at Trinity are equipped to deal with all these possible situations – guiding you through, providing advice, support and a resolution.
Let us take care of your development, so you take care of your home.
Contact us
- 0845 345 1584
- [email protected]
- www.trinityestates.com
