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My wife and me both have ILR and our child ( 3 years old) is a British citizen. We have recently moved to a new apartment block ( privately rented) and the downstairs neighbours ( in the flat below us) have been harrasing and intimidating us regarding noise levels from our son who is already in full time nursery.

Cutting a long story short, both my wife and son are very traumatised by the intimidation and we approached the local police for guidance on how to tackle this menace. The police were extremely helpful and suggested they go across to the neighbours to speak to them but we have requested them to just monitor our case for the time being and do not take any action till the circumstances worsen and force us to request them for protection.

We have spoken to our local Council and CAB for advice as well who agree with this approach.

However some people have advised us that the neignbours can sue us for defarmation of character etc if the police approach them and that can adversly affect our citizenship application due this year in Nov 2010.

Please advise if this can be the case ? What will our recourse be in this scenario ? Can this cause an issue with an application ?

Would appreciate some advice.

thanks

This approach wont cause any problems with you naturalisation.

as i see it ,
if you complain to the police and have a geniune complaint regarding somebody then its not defamation of character but is factual.
however, if you were to spread rumours or such like amongst your neigbours, then that is different and could be constucted as libellious.

And even then it doesnt matter until you get a police caution, or you are charged and found guilty of an offence.

Actually we are working with the police to settle this issue as I travel a lot and am uncomfortable with the fact that my wife and child are alone in London for few days at a time.

My concern is that if we are in effect hit with a legal case for defamation or something on those lines and it does get taken to court, will it impact our applications ?

Sir, defamation case is not something every tom dick and harry can start against you. You really seem to be thinking very deep indeed and seeing things which dont exist. MY humble advice is, just forget about this and carry on living you life in a normal way. How on earth making a report to police could amount to defamation? If that was the case, no one would ever be able to make a complaint.

i totally agree with mrlookforward. If the complaint is genuine, then you dont have anything to worry about. I know you've recently moved to this apartment, but have you considered moving again?

Thanks to all of you for your advice. yes we have thought of moving out and are waiting for our lease 'lock in' period to expire so that we can give notice and move out.

Londoncitizen, there are passages in your post which many members may well find insulting, whether you disguise this as 'humour' or not.
Please post with respect. If members complain I will delete the post.

That wasnt a very nice post by London Citizen and not humourous. Even if it were any other race or nationality. If he is really annoyed by his neighbours.....he should simply MOVE and stop looking at faults in everyone...If he wants peace and quiet, he must just pay the extra and get an apartment in a quiet leafy surburb. If you want cheap, you get cheap and noisy so stop complaining.

Casa wrote:Londoncitizen, there are passages in your post which many members may well find insulting, whether you disguise this as 'humour' or not.
Please post with respect. If members complain I will delete the post.

agree with people above that the post by Londoncitizen is rude and some remarks used are not humorous. Although you are saying that you don't intend to be rude, unfortunately it is rude.

Moderators, this post should be deleted

I expected to be asked. I agree and will delete now.

Thanks Casa

Many thanks Casa

vipul1981 wrote:Thanks Casa