Calling any Legal eagles... I need help!?

Question

Hi
We're in a bit of a bad situation. We live in a flat above a corner shop [for just over two years]. The door on the shop below continually slams shut each time a person enters or exits the premises. Each slam reverberates through our flat and shakes the window. We can't sit in our loungeroom - even to have dinner as the noise is so bad.

We have spoken with every person who works in the shop to try to do something & have been met with resistance every time. The won't do anything about it nor will they give us the name or number of the owners/lease holders so we could contact them directly.

We have phoned the police who made a visit & asked them to sort this out - which they did for a day - then the slamming started again. The shop is open from 06.30 - 8.00pm & the door slams about 5 times a minute!

The police have said it's not their matter & can't help us any more

We're at wits end :-(
Advice greatly appreciated. Sorry for long winded story but what else can we do?

Hi, just to say that it's not just a case of a door slamming - it sounds so petty. But when it shakes your furniture and windows and you have to listen to it day in and day out for a year and can't sit in your loungeroom - it would greatly affect anyone! Chinese water torture has nowt on this! I'm really serious - what can I do?

Yes, we own the flat to the people who have queried this below.

Answer 1

You're right, the Police have no powers to deal with this. You need to speak to the Environmental Health Officer at your local council. They are the only people that have the power in law, to be able to do something about it. I'd imagine they'll send someone round to see what you have to put up with, make recordings of sound noise etc. etc. Give them a ring - if it's as bad as you say it is, I'm sure they'll be able to do something for you. Good luck.

Answer 2

This is a case of common courtesy. Without knowing the State, this makes an answer to your question a little harder to put into "fact of Law" so here's the next best thing. Go to small claims Court and file a " Malicious Harrasement " Law Suit. To do this you must go to your local county asseser/collector and give them the Address and the name of the business. You must Name ALL parties that are listed on the Registration in your Law Suit so as to not have your suit dismissed because you didn't name the correct parties. The Judge will excuse any party not LEGALLY responsible or negligent. You must be thorough in your filing as that is a very important step in bringing a suit. Next, get any neighbors or friends to be witnesses in your suit (testify) as to the extent of the noise and/or it's frequentsy. Next, Record if possible the slamming of the door for a period of maybe 10 minutes so the Judge can get an idea of the harrasing and annoying noise. Next, record all conversations with management about this matter and make sure you state the name of the person your discussing this with loud and clear. In a small claims Court your only allowed to sue for the statutory amount of $5000,00 so I would sue for the limited amount and let the Judge decide how much it was accually worth. Hope this helps.
GOD BLESS/GOOD LUCK!!

Answer 3

does the same person own the flat, as well as the store? If so , you can speak to the property owner, maybe there is something in yours/their lease that prohibits loud noise. Is the shop owner negligent in fixing the door, could he just shim it up a bit or buy new or better working hardware for the door, could he put a sign up to let others to know to close the door gently? This sounds like a civil problem and you may need to take it up with a civil attorney.

Answer 4

Contact a lawyer, you should be able to get a free consultation, during that consultation they should be able to give you some expert legal advice on how to best handle this.

You may even want to pay him a few bucks and have him shoot off a letter to them to get them to cooperate with you about the situation. Nothing speaks louder than getting a letter from a lawyer. Most people would rather deal with (FIX) the situation rather than have a problem with legal issues.

If you have a lease, you may be able to break it since what is happening is disrupting the harmony/peacefulness of your living. You are entitled to be able to have a peacful living environment.

Give this a try as really you don't have much to loose and who knows it just might be the thing that gets you what you are needing. Good luck to you, I hope that I this will help you.

God Bless you, here's to getting peace and quiet!! :)

Answer 5

This comes under the category of a nuisance and is part of a clutch of civil laws called Torts.
You have a right to enjoy your property and the business downstairs is legally obliged to contain any pollution, be it noise, smell, or outpourings of any kind, which adversely affect the environment, or neighbours, as much as is reasonably practicable.
Your local enviromental health officer is the person who can enforce this and will probably recommend something as simple as having one of those automatic closing dampers (like on fire doors), be fitted downstairs.

Answer 6

My sympathy too has disappeared! It has definitely been like some style of cleansing soap opera - communicate approximately administration - are they human? Too many questions and not just about adequate solutions i'm afraid. I hate to think of every physique might injury their own baby, yet rather. My reaction might have been finished close-down, no sleep, consistent crying suits - i could no longer have confronted cameras and on a similar time as a non secular catholic i could no longer have walked to church in front of all that media. some thing isn't spectacular - somebody is customary with of a few thing. I pray to God that little Maddy is risk-free yet ............?

Answer 7

It may be possible to file an injunction against the business on the grounds of it being a public nuisance.

You can check the various public laws here: http://www.opsi.gov.uk/acts.htm

Your local government may also have some regulations.

Hope this helps. Cheers.

Answer 8

A slamming door is not against the law. This is a civil matter. You should probably consider moving.

Answer 9

What you could do is contact your local council environmental health officer (EHO) and deal with this as a noise nuisance, they would be your greatest help really.

Answer 10

its a noise nuscience... so consider talking to the council environmental heath department if they cannot help they shouldbe able to point you in the right direction