Letting agency, landlord and noisy neighbours.

Paul_Masson

Hi,

I was wondering if anyone could give me some advice on the following:

My parents who are in their late 50's live in a quiet semi detached house in a nice area. Around 18 months ago a couple rented the house next door and my parents have had nothing but trouble from them. They play really loud music throughout the day and have been quite agressive (so much so the police have been involved). My mum has spoken to the landlord on numerous occasions (we believe the landlord is scared of the tenants) and has wrote many letters to the agency complaining about them. Despite this their contract has been renewed for 12 months. My mum has also written to the letting agents head office and has not received a reply. Environmental health are also involved but this is an incredibly long winded process.

Is there anywhere to go from here? Does anyone know anything else they can do without being threatened by their neighbour?

Thanks

poppysarah

Speak to the local councillors to see what help they can suggest.

redlady_1

EH are the only people who deal with this. Having been on the receiving end of their action (due to "the noise of a tumble dryer and the chiming of a clock!") they will send a couple of letters to the neighbours and then talk to them and then go and see both of you and finally a meter to read the noise levels. I suggest she puts pressure on EH to bring this to a conclusion. No matter how much your parents may want them out the landlord and letting agent cannot get involved. EH are the ones who will decide whether your parents are being reasonable or not in their expectations. That said, playing loud music during the day does not constitute an issue. Your parents also need to be careful as they can be cautioned for harassment given the number of letters and complaints they have made to to landlord and letting agent.

You cannot force someone else to live by your rules.

sooz

You need to keep on at EH. It's not enough to just get them involved. Your parents need to ring them EVERY single time there is a problem, & request a call out.

They should also ask for a noise/nuisance diary in the format their local council requires.

Leave this by the phone, together with the EH direct number, the out of hours number, & their complaint reference number. Call each & every time, & insist on a call out. If out of hours, always leave a message with the complaint reference number, brief description of the nuisance, & stating that you would like a call out, despite the fact it's out of hours & past their bedtime.

Call them out every day for 2 weeks, send in by recorded delivery the diary sheets, & a complete log of all call outs & the names of the officers who attended.

Also, get the neighbours the other side to do the same. And other other neighbouring properties too. If they won't, see if you can get a supporting statement off them, with some dates & times of nuisances.

poppysarah

redlady_1 wrote: »

That said, playing loud music during the day does not constitute an issue.

People are entitled to quiet enjoyment. Listening by force to someone elses choice of music is one of the most annoying things on the planet.

mrcol1000

The process is that EH will write letters and try and deal with it informally. They will then serve a noise abatement notice which phobits them from making any nioise that will cause a nusiance. Then you need a EH officer to physically witness the noise (or they may use electronic recording equipment) and if noise is witnessed which is likely to be a nuisance they can be prosecuted. Also the EH officer can apply for a warrant and enter the property to seize any equipment that can cause a nuisance. Normally its just the stereo. If the person causing the noise problem has upset the EH officer they will also take TV's and computers as they can also make a noise nusiance. They will then be prosecuted. It is very long winded and they are the only ones who can really deal.
The landlord should really take action as most tenancy agreements have a clause about causing a nusiance so can be kicked out. But then I guess landlords don't normally have to live next door to their tenants.

mrcol1000

redlady_1 wrote: »

That said, playing loud music during the day does not constitute an issue.

It is an issue. There is a misguided idea that you can not play loud music after 11pm. You can't play loud music any time of day if it causes a nusiance. However EH will give you more leeway if your playing music during the day than at night. But if your causing your neighbour a nusiance the time of day is irrevelant. Why should people be stopped from sitting out in their garden because their neighbour plays loud music?

ILW

Does all depend on ones definition of loud. What some may hardly notice and consider just one of the issues that go with living in a semi, others may find deeply annoying. In the end a compromise usually has to be found.

redlady_1

Each council has different rules. The rule about noise after 11pm does not exist unless related to business. You need to define loud music and time during the day. Which is why you need to press the EH to go further. None of us know just how bad this really is nor how often the loud music is being played i.e. every day for 8 hours straight at full blast or once a month at half volume. The point about other neighbours is valid as whether they are attached or not, if it is being played loudly then they will also be affected. If the EH think there is a case then you have no problem. If they believe there is no case to answer then unfortunately, your parents will also have to accept this and find some kind of compromise. It does not always go in the favour of someone who complains.

If the police were involved what happened?

Jowo_2

Is the property in England/Wales or Scotland?

mrcol1000

redlady_1 wrote: »

Each council has different rules. The rule about noise after 11pm does not exist unless related to business. You need to define loud music and time during the day. Which is why you need to press the EH to go further. None of us know just how bad this really is nor how often the loud music is being played i.e. every day for 8 hours straight at full blast or once a month at half volume. The point about other neighbours is valid as whether they are attached or not, if it is being played loudly then they will also be affected. If the EH think there is a case then you have no problem. If they believe there is no case to answer then unfortunately, your parents will also have to accept this and find some kind of compromise. It does not always go in the favour of someone who complains.

If the police were involved what happened?

It is all relative. If you live in a isolated house in the country you can play your music pretty much as loud as you want. But if you live in a block of flats your have to play it quieter than someone who lives in a detached house. Really people should stop and think am I causing a nusiance? EH deal with this all the time and quickly tell if its a nusiance. Some people are over sensetive and really you have to balance this out. You should accept some noise but loud music with a bass that makes the walls vibrate is never something you should accept. If the EH can't help they will give you advice on taking your own action or seeing if their neighbour will go into mediation.

The police will do very little unless you can find a fresh faced PSCO thats willing to get involved. They will just refer you to the council so you may as well go to them direct. The police can only get involved if its a public disorder. One guy listening to loud music no. A huge party with people swearing and shouting maybe if they have nothing better to do.