A Help the Aged information sheet 7 Neighbours This information sheet explains how to deal with some of the problems that can occur between neighbours. It also gives advice on how to prevent problems arising between neighbours. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Contents Section 1. How to create a good relationship with your neighbour Section 2. Common problems Section 3. How to resolve problems through talking and mediation Section 4. Other methods of resolving disputes Section 5. Anti-social behaviour Section 6. Useful contacts –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Section 1. How to create a good relationship with your neighbour Most people live very close to their neighbours. We all have different tastes, lifestyles, routines and tolerance levels. Despite this, we generally get on very well. Below are some ideas for how you can create a positive relationship with your neighbours. * Invite your neighbour round for a cup of tea – it’s good to know who your neighbours are. * If you have lived in the area for many years, people who are new to the area may be interested to hear what it was like in the past. * When you get to know your neighbours, and you think you can trust them, you could think about leaving your spare key with them and offer to take theirs, in case either of you lock yourselves out. * Check to see that your neighbour is okay. * If you can, offer to do any shopping or run errands if your neighbour is unwell. * Take in parcels or milk left on your neighbour’s doorstep. It stops them from being stolen or highlighting the fact that no one is in. * Offer to draw the curtains and put the lights on when your neighbour is away. * Offer to help out with child-minding, babysitting or dog-walking. * Be approachable and let your neighbour know that they can come and talk to you about any issues that affect you both. * Join your local Neighbourhood Watch group. For more information contact the UK Neighbourhood Watch Trust. See section 6 for the address. * Get to know your local neighbourhood or street warden. To find out if there is a warden in your area, contact the Neighbourhood Renewal Unit. See section 6 for its address. Of course, not all of these ideas are suitable for everyone. Perhaps you are finding it difficult to build a good relationship with your neighbour. The rest of this information sheet looks at the kind of problems that crop up with neighbours, and how to deal with them. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Section 2. Common problems Disputes can flare up between neighbours. Unwanted noise is one of the most common causes of complaint, along with disputes arising from shared driveways, high hedges, pets or anti-social behaviour from children. This section looks at some of the issues, how to deal with them and how to avoid creating them yourself. Noise We all have different likes, dislikes and sensitivities to sounds. The sound of your washing machine on a long spin might not affect you, but to the person in the flat below it could sound as if the washing machine is coming through the floor. On the other hand, perhaps your neighbour may not be able to hear as well as they used to and therefore has the volume control on the television turned up high. To you, this may sound as if their television is in the same room. Some noise can’t be helped, because our homes are not insulated well enough to cut out the sounds of everyday life, but there are some things you can do to keep your own noise levels down. * Keep the volume of CD or tape players, radios and the television as low as possible, especially at night, or try wearing headphones. * If you have to turn up the radio or television more than you used to, because you have hearing loss, you may want to contact Help the Aged, which produces an advice leaflet called Better Hearing; this gives advice on hearing in later life, hearing aids and special equipment. You can also contact RNID for equipment which can help you to hear the television better if you have a hearing loss. Contact its Information line on 0808 808 0123 (textphone 0808 808 9000). * Close doors gently. * If you play a musical instrument, do not practise late at night or early in the morning. * Place fridges, freezers, televisions and speakers away from shared walls. * Use washing machines, vacuum cleaners and other noisy appliances during the day. * Do noisy DIY jobs during the day. * Try to buy the quietest-available appliances or equipment. * Try to make sure that your dog does not bark for long periods at a time. * Let your neighbours know in advance if you plan to have a party or lively children to visit. * Try to warn your neighbours before beginning noisy activities and give them an idea of when the noise will end. Restrict the noise to reasonable times, such as between 8am and 7pm weekdays and 10am and 5pm at weekends. * If you’re going to be away try to make sure a keyholder to your home can be contacted if your burglar alarm goes off. * Make sure your burglar alarm is regularly serviced. Other problems Other tensions between neighbours can be caused by arguments over issues such as boundaries, parking space, hedges and trees or problems with local children and pets. Sometimes the person responsible is simply not aware of the upset they are causing. In other cases you might be facing deliberate harassment or intimidation. How to prevent problems arising between you and your neighbour Below are some ideas of how you can build a good relationship with your neighbour, and avoid causing problems in your neighbourhood. * Try to be tolerant and understanding. * If you are thinking about building on your property, first check whether or not you need planning permission. * Check your title document or lease to see if you are responsible for any repairs or maintenance, where the boundaries to your property are and if anyone else has access rights. * If you want to build a bonfire, check the title document or lease of your property and local bye-laws to see if there are any restrictions. Warn neighbours with washing outside and take care that your bonfire is not particularly smoky or smelly. * Try to keep hedges and trees on your property trimmed. If a tree overhangs into a neighbour’s property this could be considered a legal nuisance. For other examples of what could be regarded as a statutory nuisance see section 4. * Bear in mind that unless there are local parking restrictions, residents do not have an automatic right to park in a particular spot. * If a child throws a ball into your garden, you should give it back or allow it to be collected. Even though it is a trespass for a ball to cross your boundary, it is better to deal with it in a friendly way. * Try not to put off repairs. Dry rot, for example, may spread and damage your neighbour’s property. For information on the financial and practical help that is available, see our information sheet no. 4, Home Repairs and Improvements. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Section 3. How to resolve problems through talking and mediation It is worth attempting to resolve most problems informally through talking to your neighbour or trying mediation. This is often the best way to find a solution and ensure a better relationship with your neighbours in the future. If you continue to have problems with your neighbour, it is a good idea to keep a written log of the times you are disturbed by your neighbour. This will help you to see how often the disturbance happens and could be useful if you need to take formal action in the future. Keep a copy of any correspondence between you and your neighbour about the problem. Talking to your neighbour The first thing you should do to try to solve any problems between you and your neighbour is to talk to them. They may not realise that their actions are bothering you and may be happy to try to sort things out. It is better that your neighbour is told by you that something is wrong, rather than overhearing you complaining or being told by someone else. Below are some tips which can help you talk to your neighbour: * Try to tackle the problem at an early stage. * Choose a good time to talk to your neighbour. * Think about what you want to say. * Be calm and polite. * Accept that people are different. * Explain simply what the problem is and how it is affecting you. * Remember to listen to your neighbour’s point of view. * Try not to jump to conclusions – you could be wrong about the reasons for your neighbour’s behaviour. * If you have previously got on well with your neighbour, tell them that you want to get back to being on good terms. * Try to be positive and thank your neighbour if they have tried to deal with your concerns. If you are unable to speak to your neighbour, you could try writing them a polite letter, but bear in mind that they may dwell on the wording, so think carefully about what you say. Approach your neighbour directly only if you are happy that it is safe to do so. If your neighbour is likely to be aggressive or violent see the section on anti-social behaviour in section 5. Mediation If talking to your neighbour does not work or you find it too difficult or confrontational, you might like to try mediation. This is a way of solving disputes between neighbours by helping them come to a compromise. Mediation is useful because it can help neighbours to stay on good terms with each other. The mediation usually takes place on neutral ground and is carried out by trained mediators, who do not take sides. The process generally takes between one to two hours and everyone has a chance to speak without being interrupted. The service is sometimes free of charge, depending on the nature of the mediation needed and the ability to pay. For information on how to find a mediation service in your area, see section 6 –Useful contacts. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Section 4. Other methods of resolving disputes If you can’t resolve the problem by talking to your neighbour or through mediation, there are other steps you can take. Complain to the landlord If the person causing a nuisance rents their property, you could contact their landlord. All landlords, both council and private, have powers to take action against tenants who break their tenancy agreements. This could include taking out an injunction (or, in Scotland, an interdict) which requires the nuisance to be stopped, while letting the person stay in their home. Local councils and housing associations can ask the court to attach the power of arrest to an injunction or interdict if there is violence or a threat of violence involved. Landlords have the power to evict tenants who are being a constant nuisance. Contact your local environmental health department To make a complaint about a nuisance, including unwanted noise, contact your local environmental health department. Your local council must investigate your complaint to see if a ‘statutory nuisance’ is taking place. The environmental health officer can act only if they are able to say that the noise or other problem is a nuisance to the ‘average’ person. In terms of noise, a statutory nuisance is defined as ‘noise emitted from premises so as to be prejudicial to health or a nuisance’. Other examples of statutory nuisance could include a neighbour repeatedly allowing their dog to foul in the street without cleaning it up, or dumping rubbish in someone else’s garden. First of all, the environmental health officer may try to solve the problem informally. If this doesn’t work and the officer is sure that a statutory nuisance is taking place they may issue an abatement notice. The notice is served on the person causing the nuisance: for example, if the person is making too much noise, the notice may require the noise to be stopped or limited to certain times of the day. If the person does not do this, they are committing an offence and can be fined up to £5,000, with a further fine of up to £500 for each day the offence continues after they have been convicted; the severity of these fines depends on the decision taken by the courts. Local councils also have powers to enter premises to stop a noise nuisance: for example, they can do this to turn off burglar alarms and remove equipment causing a statutory nuisance. To find the number of your local environmental health department, look in your phone book. Contact your local planning department If you think that your neighbour has broken planning regulations – for example, by building an extension to their house – you should contact the local planning department. You can check whether planning permission was applied for in the first place and whether the terms and conditions of the planning permission have been kept. If there has been a breach, the local council has the power to issue an enforcement notice and can prosecute someone who ignores an enforcement notice. Look in the phone book to find the number of your local planning department. Check the paper work Many disputes between neighbours are over access rights, boundaries and related responsibilities: for example, who should repair fencing. Checking relevant documents such as the title document or lease can solve these problems by making it clear what the responsibilities of the householders are. To check your own responsibilities, have a look at your title document or lease. If you want to find out about another property you can get a copy of the register entry from the Land Registry (England and Wales), Registers of Scotland (ROS) or Northern Ireland Land Registers (LRNI), but you will have to pay a fee. Look in the phone book under ‘Land Registry’ to find your local office or, in Scotland, contact the register of Scotland at: Edinburgh Customer Services Erskine House 68 Queen Street Edinburgh EH2 4NF Tel: 0845 607 0161 Glasgow Customer Service Centre 9 George Square Glasgow G2 1DY Tel: 0845 607 0164 Send a solicitor’s letter If your neighbour is not taking your dispute with them seriously, you could consider sending them a solicitor’s letter. This may help them to realise that the next steps in your dispute could be quite serious unless they stop their unwanted behaviour. For a list of solicitors in your area you can look in the phone book, contact your local Citizens Advice Bureau or, if you are in England or Wales, phone the Solicitors Regulation Authority on 0870 606 2555. You can also call Community Legal Services Direct on 0845 345 4345. In Scotland call the Law Society of Scotland on 0845 113 0018. In Northern Ireland you can download a list of solicitors by visiting the website of Northern Ireland Legal Services Commission at www.nilsc.org.uk Its telephone number is 028 9040 8888, but it does not give out solicitors’ details over the telephone. Call the police Call the police if you think that a crime is being committed: for example, if there is a breach of the peace or if someone is being violent. Calling the police may be necessary as it can help your neighbour to see that their behaviour is unreasonable. But bear in mind that this could reduce the chance of being able to solve the problem less formally. Remember that the police are very busy, so avoid calling them over trivial matters. Complain through the courts You can also take action yourself through the courts, either by complaining to the magistrates or sheriff court or by taking civil action under common law. Information on how to go about this and general information on dealing with noise nuisance, is contained in leaflets published by the government. See contact details in section 6. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Section 5. Anti-social behaviour Some problems which arise between neighbours are more serious than a simple lack of consideration or differences of opinion and may fall into the category of ‘anti-social behaviour’. Examples of anti-social behaviour in the community include: * verbal abuse * vandalism, including graffiti or damage * drug abuse and drug-dealing * intimidation and harassment (including racial harassment) * violence or threats of violence * abusive behaviour intended to cause fear or distress * persistent noise * persistent rubbish-dumping. If you are a victim of anti-social behaviour you do not have to put up with it. There are a number of things you can do to try to get the behaviour stopped. * If you are the target of anti-social behaviour from your neighbours, their visitors or other people in the local community, your local council or the police may be able to get a court order to stop them. The police can start a criminal prosecution if the behaviour is a criminal offence. * If the people who are carrying out the anti-social behaviour live in rented property, their landlord may be able to take other action including eviction. For further information on how to deal with anti-social behaviour, contact your local council or visit your local Citizens Advice Bureau. You can make a complaint to your local council if you are unhappy with the way it has dealt with your problem. If, after this, you are still not satisfied, you can contact your Local Government Ombudsman. Any crime committed against you, including incidents of harassment or violence, should be reported to the police. Section 6. Useful contacts A great deal of information and advice is available on dealing with problems with neighbours. Some organisations that may be able to help are listed below. Mediation If you want to try to resolve your dispute through mediation, contact the relevant mediation agency. Conflict Resolution Network UK 1st Floor 29 Church Street Slough Berkshire SL1 1PL Tel: 01753 574780 Web: www.conflictresolutionnetwork.org.uk Conflict Resolution Network UK can provide details of mediation services in England, Scotland, Wales and Northern Ireland. Scotland Scotland Mediation Network 18 York Place Edinburgh EH1 3EP Tel: 0131 556 1221 Web: www.scottishmediation.org.uk Can provide details of mediation services in Scotland. Sacro 1 Broughton Market Edinburgh EH3 6NU Tel: 0131 624 7270 Web: www.sacro.org.uk Sacro promotes community safety across Scotland, by providing high-quality services, including mediation, to reduce conflict and offending. Northern Ireland Mediation Northern Ireland 83 University Street Belfast BT7 1NT Tel: 028 9043 8614 Web: www.mediationnorthernireland.org You may have to pay for the mediation service you need, depending on the nature of the mediation and your ability to pay. Noise The government departments that deal with the environment in each nation of the UK produce advice leaflets on noise problems. England Bothered by Noise? There’s no need to suffer produced by the Department for Environment, Food and Rural Affairs (DEFRA). DEFRA Publications Admail 6000 London SW1A 2XX Tel: 08459 556000 Web: www.defra.gov.uk Wales Sound advice on noise: don’t suffer in silence produced by the National Assembly for Wales. Environment Protection Quality Division Welsh Assembly Government Cathays Park Cardiff CF10 3NQ Tel: 029 2082 3499 Web: www.wales.gov.uk Scotland Air Quality Team Environment Group Scottish Executive 1 G Dockside Victoria Quay Edinburgh EH6 6QQ Tel: 0131 244 7621 Web: www.scotland.gov.uk Northern Ireland Bothered by Noise? There’s no need to suffer produced by Department of the Environment, Northern Ireland. Air and Environmental Quality Unit Department of Health 4th Floor 20–24 Donegall Street Belfast BT1 2GP Tel: 028 90 544573 Web: www.ehsni.gov.uk Barking dogs If you want to complain about barking dogs, contact your local environmental health department. If you would like advice on how to stop your dog from constantly barking, you could contact the following organisations: The Association of Pet Behaviour Counsellors PO Box 46 Worcester WR8 9YS Tel: 01386 751151 Web: www.apbc.org.uk RSPCA Enquiries Service Wilberforce Way Southwater Horsham West Sussex RH13 9RS Tel: 0870 333 5999 Web: www.rspca.org.uk You can order a copy of the leaflet Constant barking can be avoided by calling the RSPCA Enquiries Service above. Other organisations that can provide information and/or advice on noise National Society for Clean Air and Environmental Protection 44 Grand Parade Brighton BN2 9QA Tel: 01273 878770 Web: www.nsca.org.uk This organisation produces information about noise problems, including leaflets called Neighbour Noise and Noise Pollution, and a Sound Advice card, which explains how to keep the noise down. Noise Abatement Society Flat 2, 26 Brunswick Terrace Hove BN3 1HJ Tel: 01273 823850 Web: www.noiseabatementsociety.com Organisations that can help if you have been harassed Victim Support Cranmer House 39 Brixton Road London SW9 6DZ Tel: 020 7735 9166 Helpline: 0845 303 0900 Web: www.victimsupport.org.uk Victim Support Scotland 131–134 Salt Market Glasgow G1 5LS Helpline: 0845 603 9213 Web: www.victimsupportsco.demon.co.uk Crime Concern Beaver House 147–150 Victoria Road Swindon Wiltshire SN1 3UY Tel: 01793 863500 Web: www.crimeconcern.org.uk Commission for Racial Equality St Dunstan’s House 201–211 Borough High Street London SE1 1GZ Tel: 020 7939 0000 Web: www.cre.gov.uk Other useful organisations UK Neighbourhood Watch Trust First Floor 52 London Road Oadby Leicester LE2 5DH Tel: 0116 271 0052 Web: www.neighbourhoodwatch.net Neighbourhood Renewal Unit Department for Communities and Local Government 6th Floor, 6–G9, Eland House Bressenden Place London SW1E 5DU Tel: 08450 82 83 83 Web: www.neighbourhood.gov.uk For information on how to deal with hedges, which are causing a problem, contact Hedgeline on 0870 240 0627 or visit http://freespace.virgin.net/clare.h/index.htm For a list of approved contractors for pruning or removal of hedges and trees contact: The Arboricultural Association Ampfield House Romsey Hampshire SO51 9PA Tel: 01794 368717 Web: www.trees.org.uk Ombudsmen England Local Government Ombudsman 10th Floor Millbank Tower Millbank London SW1P 4QP Tel: 0845 602 1983 Web: www.lgo.org.uk Wales Public Services Ombudsman for Wales 1 Ffordd yr Hen Gae Pencoed CF35 5LJ Tel: 01656 641150 Web: www.ombudsman-wales.org.uk Scotland Scottish Public Services Ombudsman Freepost EH641 Edinburgh EH3 0BR Tel: 0800 377 7330 Web: www.spso.org.uk Northern Ireland Northern Ireland Ombudsman Freepost BEL 1478 Belfast BT1 6BR Tel: 0800 343424 Web: www.ni-ombudsman.org.uk For further information contact: Information Resources Team Help the Aged 207–221 Pentonville Road London N1 9UZ Tel: 020 7278 1114 If you have access to the internet you can download our advice leaflets and information sheets by logging on to www.helptheaged.org.uk SeniorLine is the free welfare rights advice and information service run by Help the Aged for older people and their carers. Trained advice workers offer free, confidential and impartial advice about: * welfare and disability benefits * care at home * residential care * housing options and adaptations * access to health and community services. Freephone: 0808 800 6565 Textphone: 0800 26 96 26 9am to 4pm, Monday to Friday If you are in Northern Ireland, contact SeniorLine on 0808 808 7575 IS (7) TH April 2002 Last Updated: February 2007 (GP) Next update due: August 2007 Help the Aged is a registered charity No. 272786, registered in England at the above address. 17