Dealing With Nuisance Yourself

You may not want to involve us at all, but to handle problem yourself from start to finish. You should only think about taking legal action yourself if:

• You have already spoken to the tenant making the noise and done everything possible to sort out the problem in a friendly manner.
• We have told you that we do not think the problem justifies us taking more serious action.
• You can put together evidence which is likely to convince the court that there is a nuisance.

The two types of legal action you can take

You can take legal action in the Magistrates Court under Section 82 of the 1990 Environmental Protection Act (EPA); or by getting an injunction in the County Court.

Taking action under EPA

You may be able to do this successfully without professional help. It is the most common legal action for noise disturbance. If you take action under the EPA, you must do certain things before you go to court:

• Try to sort out the problem in a friendly way with the person causing the noise. If this fails, you must keep written details of when you spoke to the person and what happened. The court will probably ask what efforts you made to deal with the problem.
• Contact the Town Hall information service, who will refer you to an officer who will advise you on the case.
• Keep a record of the nuisance. You will need this as evidence to convince the court that there is a nuisance, or that it is likely to happen again. Keep a diary with the date of the noise, the time it started and finished, what sort of noise it was, what caused it and what affect the noise had on anyone hearing it. Get each diary entry signed by those who heard the nuisance.
• Contact other people living nearby to see if they have been disturbed and if they will come to court as witnesses. This would be a great help in winning your case.
• Get the full name of the person causing the disturbance. The electoral register held at your local library will often give this information.
• Send a letter to the person causing the disturbance to tell them you are going to court. The letter must arrive at least three days before you go to court. The letter could be a notice set out on the next page.

Or you could write a less formal letter as long as it covers the same information. You must keep a copy of the notice or letter to show in court.

What to do at court

Court action takes place in two stages.

1. You must get a summons (which tells the other person they must come to court to answer the charge).
2. Second there is the hearing.

You could handle the case yourself, and many people do so successfully, with no legal training. Or you could use a solicitor and pay the costs.

You may be able to get free first advice from a solicitor under the green form scheme depending on your income, but you cannot get full Legal Aid.

Getting a summons

To get a summons you must follow this procedure:

• Go to the Magistrates' Court and visit the Warrant Officer's office. You will be shown to the court room where summonses are being provided that day.
• The magistrate will then decide whether you have a good case. If the magistrate thinks you do, they will agree to provide a summons.
• In the court room there will usually be a police officer who will take details of who you are, what act you want a summons to be issued under and who you want to summons. If the officer is not sure about your request, ask for the Clerk to the Court or a deputy and explain what you want. They should make sure that your request is heard.
• Wait in court for the magistrate. When your turn comes, you will be called to the front and asked what you want. Explain you want a summons under the 1990 Environmental Protection Act (Section 82) and explain the situation, showing any written evidence.
• The officer will then give you a note to take to the Court General Office. There, another officer will give you a hearing date and provide the summons.

The hearing

At the hearing the following will happen:

• The defendant may appear and plead guilty. If this happens, you will only need to present your case briefly, and the court will then make an order to stop the nuisance. They may also fine the defendant.
• If the defendant pleads not guilty, you will have to prove your case by giving evidence on oath, calling witnesses and so on. If the magistrate thinks you have proved your case, they will make an order to stop the nuisance. They may also fine the defendant.

If you win your case

And the nuisance continues, you should keep a detailed record of the nuisance and return to court with the evidence. The defendant will be guilty of another offence if they have broken the order.

If you lose your case

The court may order you to pay the defendant's costs (including any solicitor's fees). This could be a lot of money and this is something you need to take into account when deciding whether to take action. Remember that the magistrate is deciding whether the disturbance you experienced is a nuisance as set out by the Environmental Protection Act.

For noise to be a nuisance under the EPA, it must very seriously affect the comfort and quality of your life, and the way you deal with the noise nuisance must be reasonable.

Getting an injunction

You can also get an injunction, and sometimes damages, through a civil action in the County Court. An injunction aims to stop the activity causing the noise, and the damages would compensate you for loss or nuisance caused by the disturbance. If you want to take this action you would almost certainly need a solicitor, and even if successful you could have to pay the costs of the action. Legal Aid may be available if you qualify on income grounds. You can get further details from a solicitor, Law Centre or Citizens' Advice Bureau.