Leasehold v Freehold.
The biggest difference is whether you own your home or you have a landlord, on a freehold property you own your home, with a leasehold property you will have a..link
Unfortunately, not everyone is respectful in life, most of the time we just move on and keep our opinion to ourselves, but when that comes to where we live you can't, any of us can find ourselves living with the neighbours from hell and this can leave you stressed, intimidated and unable to enjoy your home.
Thankfully, although a delicate and complex issue, help is at hand.
The first step.
Your first action should be to inform the neighbours, they may not be aware that whatever they are doing is causing a problem for someone so a face to face meeting may solve all your problems, this is sometimes easier said than done as you may feel uncomfortable doing so, if you are, then find another way, seek support from others that may be affected or perhaps write a letter.
Done that, and no change - what next?
So you didn't get the result you had hoped for, you need to discuss the matter with the council, they have a department called the environmental health department that normally deals with such issues, they can help with matters such as
- Animals
- Noise
- Smoke
The council will decide if they cover your complaint and have the power to issue a notice to the offender or appoint a mediator, before they do they will need to gather evidence of your complaint, such as times when bonfires were lit, noise levels etc, this evidence will determine if they can take forward your case or if the disturbance is reasonable.
Should the abatement notice be issued the offender will be asked to stop the activity, and a mediator will try to find a solution between all parties.
Failure to comply can result in fines and prosecution.
A more immediate problem.
Do not put yourself in danger and if you feel threatened, in any way, call the police, quite often this will be enough to change their behaviour, if you have had to call the police a number of times you may be in a position to issue legal proceedings.
Involving a solicitor and going to court.
A solicitor will assess your case and determine the course of action; the most likely outcome is that the case will go before a magistrate's court.
Best practice would be to advise the person of your intentions giving them ample opportunity to change or defend their actions, if the case does go to court and you are successful the protagonist will be asked to stop what they are doing and the court have the power to issue a fine of up to £2000, failure to comply with the court's decision may result in more fines and the possibility of a prison sentence.
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