FAQs about Litigation & Disputes

WHAT CAN I DO ABOUT NOISY NEIGHBOURS ?

Noisy neighbours can be a nuisance over prolonged periods of time or every now and again. As your neigbours may not be aware that their behaviour is disturbing you, your first port of call should be to discuss the problem personally with your neighbour.

I cannot discuss the problem with my neighbour as they make me feel uncomfortable. What can I do?

If it is not possible to speak to your neighbours about the nuisance then you should send them a letter specifying the cause of the noise and suggestions on how the problem can be addressed. This may involve specifying times when you will not be at home or asking them to reduce the noise level and saying you could follow up with another letter if it is still too high.

What if a local business or traffic noise disturbs me?

Noise from either of these sources can be dealt with in a similar way to noisy neighbours.

Please contact your local authority if you are a household resident suffering from traffic or train noise pollution and they may be able to award you a ‘noise insulation grant’.

In which cases will a Noise Insulation Grant be awarded?

This will depend on the frequency of the noise and the place and times it is taking place and who is causing the noise.

If the noise falls under the definition of a statutory nuisance then a notice will be served on the person whom it concerns requesting that the noise end or is significantly reduced.

Do I have any rights as a consumer?

Consumers have the recourse to certain rights under the Sale of Goods Act 1979 if a transaction between a business in the course of trade is interrupted by breaches of the Act.

The Sale of Goods Act requires the trader to comply with certain requirements.

The goods I bought do not fit the description given. What can I do?

This clause applies particularly to goods ordered from the internet or in any other situation where the consumer could not inspect the goods before purchase. They can also apply to boxed goods which do not correspond to the picture on the front.

The goods I bought are second hand. Does the Act still apply?

Yes. this section also applies to second hand goods and antiques. If a trader has a proviso to fall back on such as brandishing on the box ‘goods not to scale’ or having this appear on an advert then they will not be considered as having breached this section.

If however the goods are not considered to fit the description then a breach of the Sale of Goods Act and the Trade Descriptions Act will be deemed to have occurred.

The price I was charged is not the same as the advertised price. Has a breach of the Act taken place?

Yes. The price must also correspond to any previous price given otherwise a breach under this section will have occurred.

If any of these breaches have taken place you have a right to reject the goods within a ‘reasonable time’. The length depends on the nature of the goods.