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I Need Case-Law To Help Me Sue My Neighbours

case-law law legal antisocial harassment noise court sue action civil
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Posted 24 July 2014 - 08:50 AM


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I'm posting this in the hope that there may be someone reading these forums who knows a bit about the law.


For a couple of years now, I have been the victim of antisocial behaviour from fellow tenants in the housing complex where I live. I have a first-floor flat, and they congregate outside the flat below me talking very loudly and also smoking. Three things make me think that this is antisocial behaviour. First, it's the duration - they're there for hours on end, every single day. Secondly, I've pointed out several equally suitable places they could gather without upsetting me, but they prefer to stay where they are. But most importantly, they know I have severe depression and anxiety and that their noisy behaviour is making me ill, and that their smoking is having a very bad effect on my asthma, but they still do both.


My HA is absolutely useless - I've sent more letters and emails than I can count, but they're not interested.


So I've decided to take civil action against the worst culprits, and as I've little money, I'm going to have to do everything myself.


This is where I need advice from any legally-minded people here. I need case-law to back up my argument, and so I want to know of any cases where someone has been the victim of antisocial behaviour of the kind I'm being subjected to, and has successfully sued the person concerned. I particularly want to know of cases where the victim has been suffering from a mental illness and has argued that the defendant knew of his illness and yet behaved in a manner that was clearly likely to exacerbate that illness.


If I can quote 'A vs B', 'C vs D', etc, in the case I present, I will have a much better chance of succeeding, which is why I will welcome any help people here can give.

  • angee likes this

Lady Godiva

Posted 24 July 2014 - 09:49 AM

Lady Godiva

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Don't use your own money to do the job of the HA.

They have Tenancy agreements and ASB policies to deal with issues like this.

If the communal hallways are non-smoking which I'm 100% sure they will be, they need to enforce that.

The same with the noise.

If they are not doing their job properly, make an official complaint.


Why have they not tackled the issue so far? Have they given you reasons?

  • Crezz1 likes this


Posted 24 July 2014 - 09:53 AM


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Hi Fred and good on you for standing up for yourself. A good starting point are the newspapers - lots of articles are posted here and when you read stories similar to yours you need to follow them up.


Recently, a case (newspaper article) was posted here where an individual successfully represented themselves in a noise issue - may be worth contacting this individual?


Somewhere I have found useful for case searching is: http://www.bailii.org/


Also, perhaps a visit to the magistrates court? Do they have a case search facility? I don't know.


Do keep us up to date as we would love to hear how it goes....

  • fullcircle and Crezz1 like this
'The only thing necessary for the triumph of evil is for good men to do nothing' (Edmund Burke)

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