When you move home, falling out with your new neighbours is rarely part of the plan. If anything, you’re probably hoping for a good relationship. You know the drill – friendly chats when you're bringing in the wheelie bins, the occasional parcel exchange, and maybe even trusting them to water your plants while you’re on holiday.
What you don’t necessarily imagine is lying awake at 3am listening to someone else’s music, trying to enjoy your garden while next door's overgrown trees block your sunlight, or realising that the smell drifting into your kitchen is their bonfire. Again. And you've just put the washing out.
Neighbour disputes are far more common than people care to admit, and they can escalate quickly. What starts as a mild annoyance can become something that affects your sleep, your mental health, your enjoyment of your home and, in some cases, the value of your property.
Head of Property Litigation at Osbornes Law, Shilpa Mathuradas is an experienced property litigation lawyer specialising in all aspects of residential and commercial property law, including freeholder and leaseholder disputes, dilapidation claims and property-related professional negligence and insolvency.
Shilpa is known for her commercial approach by her very broad client base. She also recognises the need to consider alternative approaches to disputes having had extensive experience of mediations.
Shilpa heads up a successful Litigation Department and is known by her team for running a tight ship!
Catherine is our compliance specialist and has worked for the NRLA and its predecessors for nearly 20 years. She is instrumental in making sure the Landlord Support team have the knowledge to support our members and also handles some of the more complicated enquiries that we receive. She has been a landlord with a small portfolio in Brighton & Hove since 1996 so has a wealth of real life experience of what being a landlord involves through managing her own as well as friends and family's properties.
The UK's largest membership organisation for private residential landlords, the National Residential Landlords Association (NRLA) supports and represents more than 100,000 members across England and Wales.
Common grounds for complaint
We spoke to Shilpa Mathuradas, head of property litigation at law firm Osbornes Law, and asked what she found to be the most common grounds for neighbourly disputes, and the steps you should take to handle them.
We also chatted to Catherine Behdad of the National Residential Landlords Association, for her take both as a landlord and from the point of view or tenants of a rented home.
Noise disturbances
Noise is one of the most frequent causes of neighbour disputes, and perhaps the most emotionally charged. The sleep deprivation, disruption and lack of control it causes can take a real toll. And depending on what you're hearing, you might also worry for the wellbeing of people or pets inside the offending neighbour's home.
Common complaints include loud music or parties late at night, ongoing barking dogs, shouting or arguments, and building or DIY works taking place outside permitted hours.
Shilpa is clear that the first step should almost always be to approach your neighbour for a chat, provided it is safe to do so:
"Before launching into anything formal, and certainly before consulting a lawyer, the initial step should usually be to go and speak to your neighbour. Very often people don’t realise that what they’re doing is causing a nuisance to somebody else.
"It may be that the television is louder than they think, or that they don’t realise how sound is travelling through the building. So starting a dialogue is always important, even if it doesn’t ultimately resolve the issue." In the best case scenario, this could lead them to agree to a little soundproofing or noise control to resolve the issue.
If that approach fails, local authorities play a key role. "Environmental Health departments are required to investigate complaints of noise nuisance," says Shilpa. "In some cases, they can install specialist equipment to measure the noise levels and assess the severity and frequency of the disturbance."
"If a statutory nuisance is established, your local authority can issue a notice requiring the neighbour to stop," she continues. "Then if they fail to comply, the council does have powers, in certain circumstances, to seize equipment that is causing the noise."
Legal action is possible, but it is rarely straightforward. "Noise nuisance cases are evidence-based," Shilpa explains. "If this is occasional or sporadic noise, it is very difficult to take that through to court. You need clear records showing frequency, duration and impact."
"Building works, for example, are often temporary. The key question is whether they are taking place outside permitted hours, because planning permissions usually specify when works can be carried out. If they are breaching those conditions, that is something that can be reported to the local authority."
This is easily done by checking in with your local planning department, then again contacting your local council's Environmental Health department.
Typical building work curfews
If loud building work is disturbing you, it's worth checking the planning application that was granted and the working hours stipulated.
"To avoid complaints, we ask contractors to follow some simple rules," says Sandra Richardson, team manager for planning applications at Luton Borough Council. "Working hours, deliveries and vehicle movements must be restricted to:
- 8 am to 6 pm, Monday to Friday
- 8 am to 1 pm, Saturday
- No working on Sundays or Bank Holidays
"In exceptional circumstances, working outside these hours will be permitted, but contractors must obtain prior agreement and will be expected to submit a Method Statement detailing how they intend to control noise from the site."
"We advise that contractors take measures to limit the noise coming from the site," Sandra continues. "For example, any equipment should be maintained in good mechanical order and be fitted with appropriate silencers or mufflers. And we recommend that anyone planning building work should write to their neighbours to let them know when it's going to take place, and provide a number to call if it's causing a nuisance. This can also be displayed on any hoardings."
Property maintenance and appearance
Neighbours that leave their gardens to grow wild or let rubbish build up can seem at best disorganised or need of a helping hand, and at worst lazy, selfish or even aggressive. But in all cases, it's right to feel this isn't OK.
"Overgrown gardens and neglected land can become breeding grounds for rats, foxes and other pests, and they can affect neighbours quite significantly," says Shilpa. "These aren’t just cosmetic issues – they can become health hazards."
As in most cases, a face-to-face chat is the best first option, followed up with a letter if that doesn't have an impact. After all, it could be that your neighbour is physically or financially unable to look after the land. In which case, relatives or friends may be able to help.
If that doesn't work, the local authority is usually the correct route. "Environmental Health can issue abatement notices requiring neighbours to clear gardens, remove waste and deal with anything that constitutes a nuisance," Shilpa explains.
"In some cases, particularly where a property appears to have been abandoned, the local authority may try to trace the owner, and in very extreme cases they can even look at a Compulsory Purchase Order," she adds.
Advice for tenants and landlords
But what if you're merely a tenant that's impacted, rather than a property owner? Catherine Behdad suggests that while a 'rational conversation' is the gold standard, it isn't always realistic. "In my experience, a lot of tenants aren’t going to be comfortable approaching a neighbour," she says. "They may not have a particularly long lease, so they don’t want to get involved in a dispute with neighbours about appearances."
For more information on the felling of problem trees, read The Town and Country Planning (Tree Preservation)(England) Regulations 2012 to check your rights.
"I would say, in the vast majority of cases, a tenant should just have a word with their landlord," says Catherine. "If there are vermin coming in from a particular house for example, you would expect that issue to be routed through the landlord to deal with."
And what if you're a landlord whose tenant is causing the issue? Then responsibility often circles back to the contract. Catherine notes that if a tenant has exclusive use of a garden, for example, they are usually responsible for its upkeep – but there is a catch.
"Unless you provide the means for the tenants to maintain the garden, it’s probably not going to be an enforceable clause. If you’ve got an acre lawn, you’d be expected to provide a mower. If you have specialist shrubs you’re particular about, our advice is often to just get a professional in to do it, so you can rest assured it's not going to be an issue."
Dealing with trees and overgrown gardens
Tree disputes are another common cause for complaint. And where trees and foliage cross boundaries, the law does allow for you to take some direct action, albeit with caution.
“If branches or bushes are overhanging into your garden, you are entitled under common law to cut them back to the boundary," says Shilpa. "But it’s always sensible to speak to your neighbour first to ask their permission, simply as a matter of good relations." Be aware, too, that you must technically ask the owners of the offending branches if they want them back – but don't be rude and simply throw them into their garden. If they don't want them, discard the cuttings appropriately.
It's never a good idea to cut down a tree without doing a check first, regardless of whose land its on. "You need to check whether there is a tree preservation order in place,m" says Shilpa. "If there is, you can’t carry out any work without permission from the local authority." if you do, you could be subjected to fines of thousands of pounds.
Boundary and property disputes
Boundary disputes are among the most common issues Shilpa deals with – and also among the most contentious.
"Boundary disputes are incredibly common. I have several on my desk at any one time," she tells us. "What’s interesting is that I’ve very rarely had one actually go all the way to court, because most can be resolved if the parties approach them sensibly."
The preferred solution is usually expert determination: "There are certified surveyors who specialise in boundary disputes," Shilpa explains. "If both parties agree to appoint a single joint expert and agree in advance to be bound by that expert’s determination, it often resolves the issue entirely."
To find a local Royal Institute of Chartered Surveyors (RICS) registered surveyor, visit the RICS website.
"The expert will look at historical documents, title plans, old maps and planning permissions, because historical evidence is usually what determines where the boundary actually lies," says Shilpa.
Formalising the outcome of any boundary dispute or encroachment – e.g. a large shed that you believe to be within or too close to your boundary – is essential. "Once a boundary has been determined, it’s extremely important to enter into a boundary agreement and have it registered with the UK Land Registry. Land Registry plans are generally indicative, not definitive. A registered boundary agreement creates certainty for the future."
When cases do go to court, they are usually serious and over larger land parcels. "Judges don’t like disputes over very small strips of land," Shilpa warns. "If people are litigating over an inch here or there, judges often question why the matter couldn’t be resolved. The cases that end up in court tend to involve significant pieces of land, because otherwise it simply doesn’t make commercial sense."
What about shared driveways?
This writer actually shares a driveway with her neighbour as prescribed in our original deeds. As it needs repairing, I've come up with an informal agreement to share the costs of renovating it 50/50, without needing to get solicitors involved. However, I appreciate it's not always that easy.
"Shared driveways cause a huge amount of difficulty because you often need to understand how the right to use the driveway arose," says Shilpa. "It might be an express right in the deeds, a prescriptive right built up over time, or simply a permission that can be withdrawn when someone new moves in next door."
"In those situations, it’s usually sensible to get a lawyer involved to look at the deeds and the history properly.”
Antisocial behaviour
Antisocial behaviour covers a wide range of conduct, from fly-tipping and blocking access to harassment and intimidation. "If you are feeling threatened, intimidated or harassed, the police should be your first port of call. Safety always comes first," says Shilpa.
In other cases, different authorities may be more appropriate. If the behaviour affects the wider neighbourhood, it’s usually the local authority's responsibility. If it’s happening within a building or block of flats, it should often be reported to your landlord or housing association.
While civil injunctions are possible, Shilpa urges caution. "Taking civil action can be expensive, time-consuming and emotionally draining. You also need a lot of evidence. Many people simply don’t want to pursue that route, particularly where they fear retaliation."
Mental health issues involving neighbours
Some neighbour problems arise because someone is unwell or vulnerable, where it may be difficult or even dangerous to deal with them directly. If they are visited to by a social worker or relative, your first step may be to raise the issue with that carer face to face. But if discussions prove fruitless, Shilpa recommends going to your local authority for help.
“We often get calls from neighbours who are genuinely worried about someone living nearby who doesn’t seem mentally well and is causing a disturbance," says Shilpa. "In those cases, it's best to call or email your local Adults Safeguarding team. Injunctions may not be appropriate, or even effective, because what that person really needs is support.”
How to keep the peace when you're a landlord
- Check the contract: Ensure your AST (Assured Shorthold Tenancy) includes specific clauses regarding noise and musical instruments.
- Provide the tools: If you expect a pristine garden, provide the lawnmower.
- Talk first, type later: A face-to-face or phone conversation is harder to misconstrue than a cold legal letter.
Catherine, a landlord herself, believes the best way to eliminate problems before they escalate is to be a visible, human presence. This is especially vital when a new tenant moves into a property that has a history of friction.
"I went round to the neighbours on both sides and gave them my telephone number," she explains. "If there is anything untoward on either side, I want to know so I can nip it in the bud before things start festering. It shows everyone that I want to do the right thing."
Ultimately, Catherine views the role of a modern landlord as a 'problem solver' who must wear many hats – social worker, parent, and mediator. By keeping disputes informal and reasonable, landlords also protect their investment's future.
"When you sell the property, if you have formal disputes on record, you have to divulge that to future purchasers. Most people are reasonable; you’ve just got to have your best mediator hat on to get to the bottom of the mess."
Problem pets
The occasional dog bark is a familiar soundtrack in most neighbourhoods, particularly since the COVID-19 lockdown – the height of the 'pandemic puppy' boom. But what if ithe noise becomes incessant?
Animal noise can amount to a statutory nuisance and dealt with in the same way as any other noise complaint. "As usual, the test is whether it causes an unreasonable and substantial interference with the use and enjoyment of someone’s home, or whether it’s likely to cause harm to health," says Shilpa.
However, there may be more cause for concern. If animals are roaming freely and causing damage to your property, this can be classed as anti-social behaviour and, if not addressed by your neighbour, an injunction can be sought (see above).
If you believe the animal is being treated cruelly or neglected – for example, it's left outside alone for long periods of extreme weather, seems malnourished or shows signs of mistreatment, then and only then should you contact the RSPCA.
Smoke and odours
Last but not least, we have one of the most common disputes – smoke and odours caused by bonfire, barbecues, cigarettes and more. These are assessed case by case, as Shilpa explains:
"With bonfires or smoke, it’s about frequency, duration, what’s being burned and the impact. Keeping a diary is essential," she says. "In some cases, medical evidence can be important, particularly if smoke is affecting children or people with respiratory conditions."
Odours from commercial premises are also a common problem. "We see a lot of cases where restaurants haven’t installed proper extraction equipment, and cooking smells drift into flats above," says Shilpa. "That can amount to a nuisance, and it’s something the local authority can investigate."
When and how to complain
According to Shilpa, the starting point in any neighbour dispute is not the law, but realism.
"You're essentially going to have to continue to live next door to each other," Shilpa tells us. "These are not like commercial disputes where you can walk away at the end of it and never see the other party again. With neighbours, you still have to see them in the street, you still live next to them, and if a dispute is handled badly it can make day-to-day life extremely uncomfortable. So we always stress to our clients to bear this in mind from the outset.”
But that doesn’t mean people should simply tolerate unreasonable behaviour. It does mean that understanding what you can complain about – and how to do it sensibly – matters. Shilpa’s advice is consistent across all types of neighbour disputes:
“Start by speaking to your neighbour where it’s safe to do so," she says. "Keep records. Understand what rules apply. And only escalate when you need to.”
On litigation, her warning is blunt. "Litigation is not just expensive – it’s all-consuming. It takes up time, energy and headspace. People often underestimate how much of their life it will take over," she admits.
And in some cases, the financial risk is substantial. "Complex disputes, particularly boundary disputes, can cost hundreds of thousands of pounds if they go to trial. That’s why most cases settle early.”
How do I get hold of a landlord if a tenant is unreceptive?
Though not always the case, complaining can become trickier if your neighbour is rents their home, rather than owns it. If you're not getting anywhere, you may find it more productive to speak to the landlord, but how do you get hold of them if the tenant won't pass on their details?
"Every property in England and Wales is registered with the Land Registry, which should hold the owner’s contact details," says Catherine. "However, this only works if records are up to date. If a landlord previously lived in the property and hasn't updated their details since moving out, the registry might still list the rental address as their home. In those cases, it's difficult; but you can try checking for old estate agent boards or asking neighbours who might know them personally."
Advice for landlords
When a landlord is approached by a complaining neighbour, Catherine urges a "neutral" entry point. Jumping in with accusations is the fastest way to ruin a landlord-tenant relationship.
"I’ve dealt with many cases of vexatious neighbours who just don’t like living next to a rental property" she says. "A landlord has to be very careful. Tread sensitively; ask the circumstances neutrally. It’s not a good idea to go straight in with the neighbours’ complaints, as that can lead to bad blood."
If a informal chat with your tenants fails, Catherine recommends a structured escalation:
- The written warning: Formally draw attention to the specific breach in the tenancy agreement.
- The paper trail: Always follow up calls with an email or WhatsApp. "Ensure there is a trail of what was agreed going forward, rather than just a verbal conversation," she says.
- The local authority: If a tenant remains in breach, the next step lies with the neighbour and Environmental Health. This can lead to noise diaries, abatement notices, and eventually, court fines.
The bottom line? Neighbour disputes sit at the uncomfortable intersection of law and everyday life. The legal system can help, but it works best when used carefully, proportionately, and while keeping in mind that your neighbour probably isn’t going anywhere soon.
Or, as Shilpa neatly sums it up, "Resolve the issue if you can – but make sure you can still say hello over the fence afterwards".
For more advice, read about fence rules, how to know what side of the fence is yours, or if you might need a Party Wall Agreement.
