Letter Complaining about Nuisance - Template Form

PRIVATE & CONFIDENTIAL

WITHOUT PREJUDICE SAVE AS TO COSTS

Sender: ________

Address:
________

Telephone: ________

Email: ________

Recipient: ________

Address:
________

Date: ________

RE: NOTICE OF NUISANCE — ODOUR EMANATING FROM PREMISES AT ________

Dear ________,

§ 1. Introduction

1.1 I am writing in my capacity as the occupier of the dwelling and lands situate at:

________

1.2 The purpose of this letter is to place you on formal notice of, and to request the immediate abatement of, a nuisance caused by an offensive odour emanating from your premises situate at ________ (the "Premises").

§ 2. Particulars of the Nuisance

2.1 The source of the odour is as follows:

________

2.2 The odour was first noticed on or about ________ and has continued to persist, most recently on ________.

2.3 The odour is present with the following frequency and intensity, and at the following times: ________.

2.4 The effect of the odour upon me, the members of my household and the enjoyment of my property has been as follows: ________.

§ 3. Legal Basis of Complaint

3.1 The presence of this odour constitutes a private nuisance at common law, being a substantial and unreasonable interference with my right to the peaceful and lawful enjoyment of my property, for which I am entitled to seek damages and injunctive relief.

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§ 4. Demand for Abatement

4.1 I hereby require that you immediately take all necessary steps to abate, eliminate or, at a minimum, substantially reduce the said odour and to prevent its recurrence, including by the use of the best practicable means as required by section 24 of the Air Pollution Act 1987.

4.2 I require your written confirmation of the steps you propose to take, together with the timeframe within which they will be implemented.

§ 5. Reservation of Rights and Further Action

5.1 It is my sincere hope that this matter can be resolved amicably and without recourse to third parties or legal proceedings.

5.2 However, should the nuisance not cease or significantly abate, I reserve the right, without further notice to you, to:

(a) make a formal complaint to ________ County Council and/or the Environmental Protection Agency with a view to enforcement and/or investigation under the Air Pollution Act 1987 and associated legislation;

(b) apply to the District Court or Circuit Court pursuant to section 28A of the Air Pollution Act 1987 for an order requiring you to take specified measures to prevent or limit the emission;

(c) institute civil proceedings for nuisance seeking damages and an injunction, in which event this letter will be relied upon as to the question of costs.

5.3 All my rights and remedies, whether at common law or under statute, are expressly reserved.

§ 6. Response

6.1 I anticipate a response within ________ (________) days of the date of this letter, after which, if the nuisance has not ceased or significantly abated, further action will be taken without further reference to you.

6.2 Should you wish to discuss this matter, please do not hesitate to contact me using the details set out above.

Yours sincerely,

_____________________
________