What happens if an abatement notice has been served and the person continues to make a noise?
If the Council do not take action when you make a noise complaint or you do not wish to involve the council, you can complain about a noise problem directly to a magistrates court. The magistrates court will need to be persuaded that the noise problem amounts to a statutory nuisance. It is important that you keep a written record of the dates, times and duration of the noise, as well as a description of the noise, as well as a description of it and the distress it causes you. Before you complain to the magistrates you should first try approaching your neighbour. The first step when thinking about taking action through a magistrates court is to seek advice from the clerk at the court. Before you start legal proceedings you must write to the noise maker and explain that you intend to take legal action. The noise maker must receive three days’ written notice before you begin proceedings.
