Private legal action explained

Section 82 of the Environmental Protection Act 1990 allows a Magistrates' court to act on a complaint made by any person on the grounds that they are aggrieved by a statutory nuisance.

Nuisances may include noise (including barking dogs), fumes, dust, smells and smoke.

Reigate & Banstead Borough Council have provided the following information in order to explain the process in a step by step manner for an individual to take their own action against a nuisance.

What is the first thing you should do?

You are strongly advised to tell whoever is responsible that they are causing or allowing a nuisance and that you are prepared to take legal proceedings; this can be done through a letter (letter example DOCX). Create two copies, send one to your neighbour and keep one copy for yourself. This letter on its own may solve the problem, but if the nuisance persists, maintain a log of the disturbances each time the nuisance occurs (diary record sheets). Keep your records safe, as they will be critical evidence later on in Court.

What do you do next if the nuisance is ongoing?

If after a suggested reasonable period of two weeks, no improvement has been made, you can then consider going to court to present a complaint to the Magistrates' bench. The court makes a charge for this service, and you may get costs awarded against you. You must confirm with your neighbour, in writing, that you are taking this legal action.

If your complaint concerns noise, three clear days must elapse between the date of notifying your neighbour and the day in which you approach the court. If your complaint concerns any other statutory nuisance, 21 clear days must elapse between the notification date and the date in which you approach the court. This is a legal requirement and you must do this even if you have previously sent your neighbour an advisory letter (letter example DOCX).

How do you make an initial complaint to the court?

Under Section 82 of the Environmental Protection Act 1990, Guildford Magistrates’ Court (Mary Road, Guildford, GU1 4PS) has the power to issue summonses for all premises in the Borough of Reigate and Banstead. This shall only be deemed applicable if your case is approved by the Magistrates’ bench after your initial presentation.

If you wish to make such a complaint, you should write a letter to the ‘Clerk of the Court’ at Guildford Magistrates' Court in Mary Road, Guildford, GU1 4PS (01483 405 300). It may be prudent to call them in advance of this letter so that they are previously aware of your issue. In your letter, you should state that you wish to make an appointment to issue a complaint under Section 82 of the Environmental Protection Act 1990. Your letter should also state your address as well as your contact details. Once received, the Court will advise you of where and when to attend for your complaint proposal.

Do you need a solicitor?

It is not necessary to employ a solicitor, provided you feel confident to explain the situation to the Magistrates' bench yourself. It would be very useful if you could take to court, at the time of the hearing, a neighbour or a friend who has experienced the problem to act as a witness as this may strengthen your case. If you feel unsure of your ability to act yourself, you can approach the Citizens Advice Bureau and discuss it with them prior.

Where and when should I go when attending court?

When you have received your appointment slot to request a summonses, you should attend the Guildford Magistrates' Court in Mary Road, Guildford, GU1 4PS (01483 405 300). Summonses are generally issued at the beginning of the court’s business day. Please note that these appointments are not held on weekends or public holidays. These summonses can be issued against any premise in the Borough of Reigate & Banstead.

What do I do when I arrive at the court?

When arriving at court, go to the office and ask which court is dealing with the issue of summonses. Take all the relevant paperwork you might have including any court correspondence you have had.

There is usually a member of staff standing at the door of the court taking down details of the summons required. He or she will take your name, address, and details of the complaint that is being made, use your diary to describe your problem. You do not need any identification. You do not need any witnesses. Ensure that you say that you require a summons under section 82 of the Environmental Protection Act 1990. You will then have to wait until your name is called.

What do I say to the magistrates' bench?

Your application will normally be heard within one-hour and an usher will conduct you into the court. The court will normally be empty apart from court staff and the Magistrates' bench. The Magistrates will attempt to make you feel at ease. Describe briefly to the Magistrates' bench that you need a summons under section 82 of the Environmental Protection Act 1990. The Magistrates will ask you to give an account of your problem. You should show to the Magistrates a copy of the letters that you previously sent to your neighbour together with your record of observations. Tell the Magistrates about the complaints you have made to the owner or person causing the nuisance.

What happens next?

If the Magistrates are satisfied that correct notice has been given and there are sufficient grounds for a hearing, then a summons will be issued. A date and time will then be fixed for the initial hearing of the case (usually in about four weeks). The court issues and serves the summons on the defendant. The court requires the full address and the name of the person you are complaining about.

What happens at initial hearing?

If a summons is issued against the person about whom you are complaining, then you will be asked to attend court, with any witnesses you may have, to give evidence about the nuisance that is causing you disturbance. If the accused does not admit to the nuisance, the court will be unable to hear the case that day and another hearing date shall be re-scheduled. Both sides will need to agree dates to avoid and the number of witnesses that will appear. The next hearing will usually be re-scheduled within three-months.

Will the other person be in court?

If you have any witnesses, they should attend the final hearing. If the accused admits causing the nuisance, the court will hear the case on that day. If the accused fails to attend and makes no plea the case can be heard in their absence. If the accused does not admit to the nuisance, then they will also be able to put forward a case. After hearing the evidence at the full hearing, the Magistrates will decide whether or not a statutory nuisance exists. If the decision is in your favour, an order must be made which will require the nuisance to be abated and may also prohibit its recurrence. You should be able to describe succinctly and without emotion what action your neighbour needs to take in order to abate the nuisance - for example, keeping amplified music to reasonable times. The court will help with court procedures.

What are the likely outcomes?

If the court is satisfied that you have proved your case, they will make an abatement order requiring the accused to cease the nuisance or prohibit its recurrence and may also impose a fine of up to £5,000 (although smaller sums are more usual). You may, in addition, ask for reasonable costs to be paid for bringing your case to court. Any claim must be made before the hearing and any award is at the discretion of the Magistrates. A copy of the order served on the accused can be requested and it is recommended that you obtain one. If the decision is not made in your favour, then costs may be awarded against you.

What should you do if the problem continues?

Once the order has been served on your neighbour, it must be obeyed. Should your neighbour fail to comply with the order you should go back to the court and report the facts. You may return to the same court as soon as possible at the same time of day and apply for a 'summons for failure to comply with the court order'. There is no need to notify your intention to the offender. Another hearing will then be set and the court will decide if a penalty is warranted. Again, you will again need to keep a diary of events (diary record sheets) and provide evidence in a similar way to the hearing when the order was made.

What must I do throughout the proceedings

For the duration of the proceedings, maintain a diary of disturbances (diary record sheets) and keep copies of all correspondence you write or receive in date order and make notes of any conversations.

How can you obtain further assistance?

If you require assistance on court procedures, the Clerk of the Court may advise you in person. Please telephone 01483 405 300 to arrange an appointment 9am to 5pm.