Nuisance Claims

There are two separate types of nuisance claims:

Private Nuisance

Private Nuisance claims are brought by a private individual against another private individual (including companies) and is centred in the tort of nuisance. Private nuisance covers smells, noise, dust, smoke, pests etc – essentially most things which could cause an adverse effect on a person’s enjoyment and amenity of their land or have an injurious effect on their health.

Roythornes’ Property Litigation Team can advise you on bringing a claim in private nuisance or defending a claim of private nuisance.

Statutory Nuisance

Statutory Nuisance determinations are made by the Local Authority and by the Court against a private individual (includes companies). They will arise from complaints by private individuals from interference with their enjoyment and amenity of their land or effect on their health. For a statutory nuisance to be made out, there must be a private nuisance, as well as other factors. Where a Local Authority determines there is a statutory nuisance, they must serve an Abatement Notice on the person they believe is causing the Statutory Nuisance.

Roythornes’ Regulatory Team can advise you during the investigation process of a statutory nuisance and on appealing an Abatement Notice served on you. We can also advise you in circumstances where you have made a complaint to the Council about an alleged nuisance and they have not taken action.