The procedure
If you are concerned about noise from a neighbouring property, make sure you try to talk to the person responsible for the problem. The Magistrates will expect this to be done before you go to Court. It's always best to try to resolve the problem informally.
If you decide to take action, you must legally give notice of your intentions in writing to the person causing the nuisance with details of your complaint.
The notice you must give is at least:
- three days for noise nuisance
- 21 days for other types of nuisance
You must make sure that:
- the letter is dated
- deliver the letter by post or by hand
- record the date in which the letter was delivered
- you keep a copy of the letter
Next steps
- you can then go to the Magistrates' Court building and ask to speak to the Duty Court Clerk (it may be possible to contact the Court to arrange an appointment)
- explain your case to the Clerk and request that you be allowed to make a complaint to the Magistrates (at this stage You will need to show the Clerk of the Court that you have given appropriate notice to the persons responsible for the nuisance by showing them a copy of the written notice)
- the Clerk then arranges for you to go into Court when it is convenient - please be aware that the wait times can be quite long, approaching the clerk when the court opens is advised
- the Court will then decide if a Summons can be issued on the person responsible for the nuisance (which they may ask you to deliver or post) stating the date and time for the Court hearing