Mediation and housing associations

ironpetal

I have been trapped in an 8 month dispute with my neighbour below and his 24/7 use of a ceiling fan in a very small flat that generates a humming noise in my flat that causes pressure inside my head and migraines, stress, anxiety and generally depression. The noise has been witnessed by Asbo team, 3 CPOs, an EO. So its not my imagination. One of them said I shouldnt have to live with a noise like that.

Im going to mediation on Friday because this tenant is non-compliant with any authority of the housing association he tells all these people one thing and then continues his use of the fan when theye gone and there is just me and him. Its ruining my life and my enjoyment of my flat. I dont want to come home when Ive been out and I am so depressed. Ive tried the nice approach and Ive tried the written approach. I have done absolutely everything.

On the day of mediation am I within my rights to state that the tenant can use his fan as long as ceiling is sound-proofed by the housing association and in the meantime I would prefer it if the noise was gone from my apartment as my doctor has suggested and he use a stand alone fan. I really do not know what to say to these people to support my case. Ive read up on building work and construction and it appears to be a flanking problem. I have to have my windows open wide. Or use headphones permanently to block the sound out. Its all over my flat. There is no escape from it except in the bathroom and a cupboard which I will be sleeping in tonight. Ive had 8 months of hell and every single thing has been documented on about 20 pages of A4.

Im at my wits end and in for another night of torture until Friday.

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Sorry to hear the problems you're experiencing. Hopefully the mediators will be able to help this man see the effect his fan is having on you and he might consider using a normal fan. Has he agreed to the mediation?

By EO do you mean enforcement officer? - Have environmental health been involved? - as they have statutory powers to deal with noise.

I understand the housing association only has to met the sound insulation requirements when the properties were built. The current regulations are not retrospective so the HA do not have to go back and improve the insulation in the properties. Has a sound test been carried out? Sound insulation works are expensive and very intrusive and messy for the person's flat it is done in. The HA i work for only do it when the properties become empty/void because the works are so extensive. I think you may have more luck in encouraging the HA to get this chap to stop using the fan rather than sound insulating the property.

Hope it goes well on Friday

Tiddlywinks

Mediation will only work if the chap is open to communication and receptive to listening to your views.

Are you happy to have your neighbour come into your flat so that he can hear how his fan impacts on your environment? Maybe that would be a suggestion you could make.

Realistically, mediation will be hard work if this chap is already lying to the council and generally non-compliant. At least you are showing willing by taking part. Why has the council not taken action about his non-compliance? Has there been "offical" acceptance that his use of a fan 24/7 is unacceptable?

tyllwyd

I'm not sure that sound insulation would work effectively - the fan and the motor is attached to the structure of the ceiling, so the vibration might travel through anyway. I think you should be asking for him to use a standing fan instead.

ironpetal

Thank you for all your construct replies.

No he hasnt had permission to use the fan 27/7. In fact the EO was gobsmacked when he got them round to show them his new ceiling fan. They thought he was going to get a stand alone fan. Its been quite cold here recently and I had to put the central heating on a last night so I cannot fathom why this man needs this fan on in his flat. I also think he should have asked permission if he could have the fan replaced in his ceiling and given the HA the opportunity to approve it. But this man just goes ahead and does things.

Yes EO means enforcement officer.

Its a maisonette looking property or rather a house divided into two flats and looks newish but dont know how long it been built as per housing regulations. I read recently there was a case thrown out of court for soundproofing.

The man claims he's deaf and doesnt notice the noise(but he heard the CPO talking to me upstairs in my flat because he turned the fan off or down and he hears me leaving and coming back to the flat) from the fan. He will just play deaf when he comes into my flat and I quite frankly dont want him in here.