Registered number 01436945 England Registered office: Citizens Advice, 3rd Floor North, 200 Aldersgate, London, EC1A 4HD, If you disagree with your neighbour about a tree or hedge. This means your noisy neighbour must stop making the noise or face legal action. Postal Address. Any disability as defined by the Equality Act 2010 must also be taken into account before possession is pursued. Your hedge might count as a high hedge if its over 2 metres - check the definition on the Royal Horticultural Society website. Hounslow Council was the subject of more than 100 complaints and enquiries to the ombudsman about its actions last year, new figures show. The council can order your neighbour to take action to stop the problems with the hedge happening again. A report by Hounslow Council's Standards Sub-committee, which was due to be published as the paper went to press this week, is believed to be highly critical of Councillor Mohinder Gill. Hounslow Council 29April 2022 Our approach The Housing Ombudsman's approach to investigating and determining complaints is to decide what is fair in all the circumstances of the case. that it was meeting with other agencies that week. This had not highlighted any noise concerns. The outcome of the investigation was that there was insufficient evidence of noise nuisance for it to take enforcement action. On 13 March 2020, the resident contacted the landlord advising the noise nuisance kept happening and he wanted urgent action to be taken. It was literally 24/7. The landlord emailed the resident on 12 August 2020 confirming that they had visited the neighbours flat. In accordance with paragraph 54 of the Housing Ombudsman Scheme, there was no maladministration by the landlord in its response to the residents reports of noise nuisance, The landlord made reasonable efforts to substantiate the residents reports of noise and. We bought a house a few years ago, only to find as soon as we moved in, a single mother drug dealer lived next door. I have to say I am amazed how protected these people are. They might be able to deal with the disagreement on your behalf. You can change your cookie settings at any time. 020 8583 2000. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. It was during the middle of my final year uni exams it got worse. Listen, and request some time to think about the problem and measures you intend to take. The landlords ASB officer spoke to other residents in the block as well as the neighbours care worker. To complain all you need to do is contact your local council, many have a specialist team to deal . If someone breaks an abatement order about noise from their home, they can be fined up to 5,000. It advised that there was an ongoing investigation about the issues he has raised. I could not sleep all last night and now have the same again now. The resident said the issues had gone on for years. I gave up with the authorities. You can cut them yourself but you must try to limit the amount of damage to the tree, which can be difficult to do. This report is not an exhaustive description of all the events that have occurred in relation to this case, but an outline of the key issues as a background to the investigations findings. This should include a likely timeframe for any action outlined. Definitions.net. When councils are determining a complaint they must first decide whether the height of the high hedge is having an adverse effect on a neighbours enjoyment of their home and/or its garden or yard. Whilst it did consider the option of enforcement action and attempts were made to move the neighbour by gaining his consent, due to the difficult circumstances, this was not possible. While it acknowledged in its response on 21 April 2020 that it should have given him notice of the mediation meeting, it was. For extreme cases the nuisance neighbours can be evicted or rehoused. This is set out in the Housing Act 1996 and the Housing Ombudsman Scheme. I unpacked my home pioneer home cinema unit just now and am blasting Def Leopard love bites so loud my ears are bleeding. The resident advised that, the level of noise from the television continued and, kept him awake into the early hours which was having an impact on his work and mental health. Hounslow includes the districts of Hounslow West, Heston, Cranford and Heathrow. From disruptive planning permission to noise complaints, you can tackle the issue of nuisance neighbours though your local council. The council will let the neighbour know that youve complained, so bear this in mind when youre writing the complaint. 7 Bath Road. Breaking the abatement order can result in fines up to 5,000 or up to 20,000 for a factory or business. It is evident the neighbour is suffering from serious mental health issues. Your feedback will help us give millions of people the information they need. Theres no set deadline for the council. the landlord advised the resident that it was working with other departments, and it had a meeting booked next week. The legislation doesnt set a specific height. It followed this up with an email to the resident on 14 August 2020 advising his report had been logged and requesting him to record the times/dates of the alleged noise nuisance and ASB in diary sheets. Keep copies of any letters or emails you send or receive. It advised of the contact details for the Councils Enforcement team who it said were available depending on the type of nuisance. when we had a nuisance neighbour it was near on impossible to get rid of him. Also, the council can enter the land and carry out the required work. From disruptive planning permission to noise complaints, you can tackle the issue of nuisance neighbours though your local council. This publication is available at https://www.gov.uk/government/publications/high-hedges-complaining-to-the-council/high-hedges-complaining-to-the-council. If you think your neighbours tree is dangerous, you can report it to the council - for example if you think it might fall over. Yes. He asked for an update as he believed that landlord had been working with the neighbour for almost four years. You can find out more or opt-out from some cookies. If tenancy action is being considered against a person who may be at risk, the HO must be confident that everything possible has been done to resolve the issue using alternative remedies. If the hedge includes protected trees, you might need to get separate permission from the council for trimming overhanging branches. On 4 May 2021, the resident asked the landlord to escalate his complaint to stage two. On 29 April 2021, the landlord provided a stage one response. In view of the reported burning smell implying a potential risk to the health and safety of the residents, it is reasonable to expect the landlord to have also undertaken a risk assessment at this time however there is no evidence to suggest it considered this. They might, for example, measure the size of your garden or how far the hedge is from windows in your home. Login . The property is a flat on the fourth floor of the building. In her report she says the Council did not take a homelessness application from him as it should have done because it considered he was not 'in priority need'. The council cannot order your neighbour to: It could be weeks or months. Make a complaint or comment. This procedure also states that, f the noise levels are likely to constitute statutory nuisance, s policy provides for a two-stage complaints process, with timescales for a response of 15 working days at stage one and, working days at the final stage. If you dont feel comfortable speaking to them, write a letter or ask someone to contact them for you. Search for trees on your councils website to find which department to contact. When councils are determining a complaint they must first decide whether the height of the high hedge is having an adverse effect on a neighbour's enjoyment of their home and/or its garden or. Inquire from the landlord or other neighbors about the details of a recent complaint about your behavior. They must also think about effects on the neighbourhood. Grade 2 cases include noise nuisance outside of permitted hours and verbal abuse. Now the whole street can enjoy my bass. It advised him to call the Councils Enforcement when there was a smoke incident. We have 5,219 pages of rights advice for you covering 10,545 companies and organisations across 16 public & private sectors. The complaint is about the landlords response to the residents reports of noise nuisance. We did make a few anonymous calls to the drug police. Whilst this review has not investigated events after the final response, it is noted that the neighbour was absent from the flat for a while although, resident has indicated that the neighbour may have recently returned to their property. It reiterated that he should continue to complete diary sheets and send them to his Housing Officer (HO). subsequently interviewed the resident on 11 March 2020 however this service has not been provided with any notes of this meeting. Use this comments section to discuss problems you have had with Hounslow Council, or how they have handled your complaints. If you and your neighbour disagree about a problem with a tree or hedge, its best to try to resolve things informally. The landlords file notes confirm it had a joint meeting with the relevant support teams on 24 March 2021 to discuss this case and what action to take going forward. In accordance with paragraph 54 of the Housing Ombudsman Scheme, there was maladministration by the landlord in respect of its handling of the residents reports concerning ASB from his neighbour. It may also have information on how to make your complaint, any fee you may need to pay and which department handles complaints. Not usually. On 18 March 2020, the landlord advised that the matter will be investigated as soon as possible and asked that the resident to be sure to record incidents in diary sheets in the meantime. The landlords file notes confirm that on 16 April 2021 it had a further joint meeting with the relevant support teams to discuss progress with the action plan. The landlord failed to follow its ASB policy in this regard. This is Hounslow Council's best phone number, the real-time current wait on hold and tools for skipping right through those phone lines to get right to a Hounslow Council agent. This phone number is Hounslow Council's Best Phone Number because 54 customers like you used this contact information over the last 18 months and gave us feedback . This doesnt include those privet hedges that lose all their leaves in winter and beech or hornbeam hedges that keep dead leaves in winter. Around the same time, its HO carried out an Equality Impact Assessment to determine if it was appropriate to take further steps regarding the neighbours tenancy. Such an offence is punishable with a fine of up to 1,000. To help you test the strength of your case, it also might be worth reading High hedges complaints: prevention and cure. Contact your local councillor. It is a matter of judgement whether a hedge meets this test. 150 for its service failures when handling his complaints. Chapter 9 of High hedges complaints: prevention and cure gives detailed guidance on enforcing remedial notices. The council may use the governments guidance to help them decide what could be the best height for the hedge. Your neighbour can cut any branches that are overhanging into their garden as long as they only remove the bits on their side of the boundary. If they are failing to respond to your complaint then go along to the next surgery of your local M.P. This shows the landlord considered legal action to evict the neighbour however as its ASB policy sets out legal obligations the landlord has to vulnerable residents including when pursuing possession, it is reasonable to expect the landlord to have contacted its Legal team for advice on this issue to ensure it was fully aware of all options. It said that the investigation was still ongoing and was being carried out satisfactorily and in accordance with its policy. The councils website will have information on how you can contact them. Please see Over the garden hedge for information on the steps you should think about taking before you complain to the council. Videos on managing unacceptable behaviour. The investigation is thought to relate to a . We use cookies to improve your experience of our website. hat the landlord did fail to sufficiently communicate with the resident during the period of this review. The council can reject your complaint if they think you havent taken all reasonable steps to try to settle your dispute without involving them. But the legislation doesnt allow councils to deal with every problem that might be caused by hedges. The Housing Ombudsmans approach to investigating and determining complaints is to decide what is fair in all the circumstances of the case. It could help you keep a good relationship and might be cheaper than paying a solicitor to resolve the disagreement. While he agreed with mediation as a way forward, he contended that this should have been agreed in advance and not on the day of the visit. Its actions were appropriate with no delays or service failures. Police say this cannabis factory discovered in Knowle contained 80 plants. It is recommended that the landlord arranges for the installation of noise recording equipment in the residents property to confirm and identify the noise reported and take appropriate follow-on actions. For example, 2 metres will only be the right height in some cases. If the dispute arises from lifestyle differences and no tenancy breach is found, then it shall offer mediation. It will take time for them to get a statement from your neighbour and arrange to visit the site. On 12 August 2020, the resident and another neighbour reported to the landlord that there had been smoke from his neighbours flat at 2.45 am that morning. We will deal with these as part of the Councils day to day business, rather than through our complaints process. Subsidence can be caused by a hedges roots taking moisture from soils that shrink. In this case injunctions can be imposed, fines can be handed out, or courts could make Criminal Behaviour Orders (formerly known as ASBOs). You can buy the documents from the Land Registry if you dont have them - it only costs a few pounds. This is set out in the Housing Act 1996 and the Housing Ombudsman Scheme (the Scheme). If you do anything more than trim overhanging branches, your neighbour could take you to court for damaging their property. The landlords notes reference that the neighbour had confirmed during this visit that he was burning paper in this flat. that the landlord failed to act appropriately or reasonably when handling the residents reports. growing on land owned or occupied by someone else? If your neighbour has broken the law Here is a summary of privacy when using this chat. If your neighbour wont cut branches hanging over your garden, youre allowed to chop them off - but only the bits on your side of the boundary. The document detailed the reasons for the referral as due to allegations of anti-social behaviour from residents. will write to the resident to explain why. Clearly explain: Stick to the facts and give all relevant information to back up your points. The lease started on 10 July 2017. For example, chapters 4 and 5 of this guide give detailed advice about what councils look at when they make decisions on complaints. An action plan was agreed in August 2020 which included several actions both to address the ASB and mitigate the effects of his ASB, which was appropriate. The Local Government Ombudsman is the final stage for complaints about councils. STANDS4 LLC, 2023. Hounslow. Let us know, Copyright 2023 Citizens Advice. ABBREVIATIONS; ANAGRAMS; BIOGRAPHIES; CALCULATORS; CONVERSIONS; DEFINITIONS; GRAMMAR; LITERATURE; LYRICS; Its also worth finding out if your council can check if the tree is safe - you can find your councils website on GOV.UK. If they were to smell the cannabis themselves, they might knock on the door and broach the subject that way. The landlords antisocial behaviour (ASB) procedure, states that reports of noise should be investigated by the landlord if it cannot be resolved informally by the resident. On 24 March 2021, the landlord provided an update to the resident. Is there anything wrong with this page? London Borough of Hounslow delayed in assisting a homeless man with mental health issues finds Local Government Ombudsman, Dr Jane Martin. On 14 April 2020, the resident requested an update from the landlord. One of the most common neighbourly issues is excessive or unreasonable noise levels. Visiting Hounslow House. We use some essential cookies to make this website work. If you still need help, you canlook for a mediatoron GOV.UK. If your neighbour says your tree is dangerous, you could ask a tree surgeon for advice. Heartbroken dad issues warning after son, 13, dies in TikTok challenge, Red flag after possible suspect in missing brothers case made eerie request, Two dead and four injured after 19-year-old 'opens fire at prom after party', $80k reward offered for shooting suspect Francisco Oropesa after five killed, 2020 THE SUN, US, INC. ALL RIGHTS RESERVED | TERMS OF USE | PRIVACY | YOUR AD CHOICES | SITEMAP, Noise is one of the most common neighbour complaints, just because you find a noise or habit irritating. Reacting to the sentence, Councillor Tom Bruce, cabinet member for regeneration and development at Hounslow Council, said: "I hope this prosecution and hefty fine sends a strong signal that we . The Ombudsman considers the evidence and looks to see if there has been any 'maladministration', for example . a barrier to light or access (even if there are gaps)? This and the lack of detail and explanation given in its responses was unreasonable and evidence of poor complaint handling. He said the matter was urgent and he requested that the landlord take action or evict his neighbour. To complain all you need to do is contact your local council, many have a specialist team to deal with disputes of this nature. Your local council can step in if the dispute involves any activity that is a nuisance or could damage your health. In August 2020, the police and Fire Brigade attended the residents floor to investigate smoke in the communal corridor and it was identified that the source of the smoke was the neighbours flat. It also told the resident it would investigate his reports. On 8 April 2021, the resident made a further report of noise nuisance and a burning smell coming from his neighbours flat. If you receive a PCN, you can either pay the charge meted on you or challenge the fee through an appeal to the London borough of Hounslow council. It forms a post town in the TW postcode area. By the landlord. Hounslow Council was the subject of more than 100 complaints and enquiries to the ombudsman about its actions last year, new figures show. Well send you a link to a feedback form. Check if you can get help with legal costs. 2023 Hearst UK is the trading name of the National Magazine Company Ltd, 30 Panton Street, Leicester Square, London, SW1Y 4AJ. In accordance with paragraph 54 of the Housing Ombudsman Scheme, there was maladministration by the landlord when handling the residents complaints. If that doesn't work there are other ways you can ask them to stop, for example by reporting them to the council. The landlord will then open an ASB case and send the reporter a letter acknowledging the report. Therefore, from March to June 2020, apart from contacting the resident to discuss the issues and asking him to complete diary sheets, there is a lack of evidence to demonstrate the landlord properly assessed or investigated the residents reports despite agreeing that it would. The landlords internal notes show it contacted Adult Mental health team who confirmed which team the resident was under the care of. agreed for it to bring the upstairs neighbour to his property to observe the noise generated by her television downstairs. Police refused to do anything, and environmental health were even more useless. Grade 1 cases include damage to property. The police came round a couple of times (he posted a note through our door making threats), we kept the diary. Generally if the noise is loud and occurs often - especially at night - it can be considered unreasonable. The council can issue a noise abatement order if they believe the noise levels to be unreasonable. Provide the Ombudsman and the resident with further details in relation to its statement that it will explore securing a permanent move for the neighbour as referred to in its 8 April 2022 communication. This is usually at the base of the trunk or main stem of the trees or shrubs in the hedge. All Rights Reserved. The council should assess the case in the same way as an application to carry out work on trees protected by a Tree Preservation Order or a notice of work on trees in a conservation area. Thank you, your feedback has been submitted. The resident made noise and ASB reports regarding his neighbour to the landlord between March and November 2018. It may require your neighbour to keep the hedge trimmed to a certain height. Where a tenant at risk has a support network the HO/HAO should always seek to involve the support agency or advocate in order to assist the tenant in the process. I gave up with the authorities. You should check if the tree or hedge is dangerous before you decide. The resident, and others on his behalf contacted the landlord during July and August 2021 about the neighbours alleged behaviour and the fire risk. 18 May and 19 November 2020, the landlord made 22 visits to the property to assess noise in response to 50 reports of noise made by the resident. Advice for people affected by child abuse. He is owns the property. that there was a burning smell coming from his neighbours property two days earlier. Save time, and do it online . It is clear that the resident started complaining to the landlord as early as March 2020. They will decide whether the hedge adversely affects the reasonable enjoyment of your home and its garden or yard and what, if anything, should be done. the terms of his tenancy. If you rent your home, talk to your landlord about the problem. Check if your neighbour will let you throw away the branches - legally they own them. The Ombudsman recommends that the landlord provide regular updates to res, Videos on managing unacceptable behaviour. Your neighbour could report it to your local council and you could be told to cut your hedge. It did engage, after an incident involving the police and Fire brigade, owever at times there was little or no progression of the action plan despite on going reports from the resident. Visit Homepage. Web. It arranged a joint visit with its Fire Officer to inspect the neighbours flat the following week and requested a meeting with the neighbours care coordinator to discuss the incident. This is set out in the Housing Act 1996 and the Housing Ombudsman Scheme (the Scheme). Claiming compensation for a personal injury, Help for victims of rape and sexual violence, Keeping your family in the UK after Brexit, Getting a visa for your spouse or partner, check if its protected by a Tree Preservation Order, Check what to do if you think a hedge is too high, Check if you can get help with legal costs. Hounslow - Hounslow is a large suburban town, and the principal town of the London Borough of Hounslow in Greater London, England. More information on the cookies we set can be found in our cookie policy. You cant be sure what the result will be. The landlords advice to the resident on 20 March 2020 that his neighbour had been taken to hospital that morning for treatment indicates it had been in communication with his care worker at this time. The remedial notice issued by the council will say what must be done. In its response of 29 May 2020, the landlord told the resident that: there were complex issues relating to GDPR so it was unable to discuss matters relating to the neighbour. https://www.definitions.net/definition/Hounslow. You can find contact details for Hounslow Council above. The resident is a tenant of the landlord and occupies a. ground-floor studio flat located in a block of flats. They might ask the owner to make it safe or deal with it themselves. You can ask the police to get involved when your neighbours are rowdy or inconsiderate, damage your property or dump rubbish. Chapters 4 and 5 of High hedges complaints: prevention and cure include detailed guidance for councils on the sorts of hedge problems they can and cant deal with. There are also over 60 community events and street parties will be taking . You have accepted additional cookies. Hounslow London Borough Council elections - Hounslow Council in London, England is elected every four years. You have rejected additional cookies. His children had to cover their mouths and he had spoken to another resident who was also aware of the incident. The landlord. Its an offence to fail to do what a remedial notice requires. All rights reserved. warn to the neighbour about the allegations as well as contact the police. There is no evidence of the landlord logging a complaint prior to April 2021. the landlord to report he could smell burning coming from his neighbours flat. The council cant get involved in helping you get back the fee that youve paid and certainly cant force your neighbour to repay you. I honestly don't know where they found the time to sleep. The complaint was not upheld as it said the investigation was still ongoing and was being carried out satisfactorily and in accordance with the landlords policy. He expressed frustration with the landlords response and felt that, 13 March 2020 to advise that it had not raised, complaint at stage one of its complaints procedure, referred the matter to a staff member to attempt to resolve. This notice sets out what must be done to the hedge and when it must be done by.
