Neighbors Hot Tub emptying into our garden

22
Found 29th Jun 2015
My neighbor has had a hot tub for a number of years and from day one has been a nuisance, She plays music loud when she is in it to drown out the noise of the bubbles and I mean very loud, listening to Scissor Sisters at midnight is a tad annoying. Even when another neighbor complained that it was keeping her kids awake she got a tirade of abuse from the hot tub owner. Also its big so has a filter motor which constantly switches on during the day and night and can be heard even when windows are shut. Now today by chance I noticed in my garden a trickle of water soaking a part of my fence on close inspection a lot of the ground is sodden and its made its way along the garden to under our decking to the house. All around the fence it is a few inches deep in water. I could hear water coming from somewhere and looked over the fence to see the neighbor had pulled the drain plug from the hot tub and it is now emptying into our garden and has loosened the concrete fence posts etc. Not sure if this has happened before as never noticed it. There is no sign of a pipe form the drain plug, its just pouring out like a tap that is on full.
The hot tub is at the bottom of her garden to the right of us, against the fence so all the water is coming into ours with approx 4" of water just on the other side of hers where it is backing up.
She is not in and I have left a note through her door however she is not approachable and expect either to be ignored or abuse.
I have contacted the council but as we are private it is a civil matter so they say.
Has this happened to anybody on here, if so what was the outcome, could it be an environment agency issue (chemicals) .
I am aware I can get 20 mins from a solicitor free but I guess this will also require a letter of some sort from the solicitor too which wont be free.
Thanks in advance
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22 Comments
my worse nightmare....inconsiderate neighbours.
In the first instance contact the neighbour, they may not be aware of the issue. If this does not work you will have to instruct a solicitor who will charge you for any letters/correspondence they send. Good luck
Forget a solicitor. They literally solicit the business of the courts and you pay them merely to translate legalese

Represent yourself and first try to explain the problems to her. If this fails, send a letter with a reference case claiming your sovereignity of the land under common law jurisdiction.

Explain in the notice of intent that you will begin a small courts claim for disturbance, nuissance and noise pollution if she continues.

If she does.

Open a small courts claim

If she dont turn up. You will by default. If she does, she has no lawful explanation for the use of the hot tub at 12 at night or the fact the sewage water is leaking into your garden

Claim for your time, loss of earnings and distress.

hope this helps
I would see if your neighbour responds. If she does not visit your local Citizens Advive Bureau who can try advise you on your situation. Yeh it would be a good idea to seek legal advice pop into one that offers free 30mins advice and take it from there. Hope this helps.
it is no longer a civil matter as she is now causing distress. It is now a criminal matter.

any loss harm or injury under common law jurisdiction is reasonable enough to court action
the noise is surely a council issue whether on private land or not
*neighbour
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deleted79467
check you house /contents insurance it may give you legal cover and allow you to get a lawyer for this gratis
hope you get this resolved to your satisfaction
thanks for the quick and good answers. I will see if she does anything when she gets back in but looking at the tub it looks to be done on purpose as no pipes etc around to drain the water away so not sure if this has happened before. was even thinking of climbing over to plug it but knowing her I will be trespassing. just annoying when for now nothing can be done.
Your Local Council will have downloadable noise nuisance forms. Use these to record noise. Make a customized set to record other nuisances such as easter water ingress to garden, damaging fence posts etc. Take photos if the damage caused. The above plus your previous recollections that you should record, with dates, would firm the basis for any case.
ignore the easter....blerdy spell checker!
Any correspondence shod be sent recorded with copies kept from now on.
with regards to the noise late at night, surely that is a Council matter.
caverncity

thanks for the quick and good answers. I will see if she does anything … thanks for the quick and good answers. I will see if she does anything when she gets back in but looking at the tub it looks to be done on purpose as no pipes etc around to drain the water away so not sure if this has happened before. was even thinking of climbing over to plug it but knowing her I will be trespassing. just annoying when for now nothing can be done.



I wouldn't step into her property. chances are she'll file a complaint against you and completely flip the whole situation.
Why can't you make a noise disturbance complaint through your local council as it's noisy after 11pm?

You can always try a local CAB office.

As noted on the Government website: 'Your local council has a duty to investigate any statutory nuisance.'

Edited by: "rikkif1990" 29th Jun 2015
a few holes should sort out the problem....
Speak to Environmental Health at the Council.

The time of day of disturbance is irrelevant - just call and if they have out of hours team they will show up and deal with it.

The hot tub continually leaking may constitute a statutory nuisance as well, as it could potentially damage your property - same dept at the Council.
Nasty piece of work .
crap in the hot tub a few times in the dead of night.
Get DEEKY to come round and sit in it naked, problem solved!
I would speak with them first and see if they are reasonable and change their behaviour. If nothing changes contact your local council.
After the case is resolved, why not put in an application for membership of the fun police !
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