Can I sue HA for noise from neighbours?

scooby75

I will try and keep this as short as I can.

I live in a town house with a neighbour downstairs (N1) and another to the side (N2). My house is let from a HA and I've been here for over 7 years.

After 5 years of late night music from N2, I finally got the council to get a court order against them and so far all has been quiet from them.

Now for N1. The previous occupants were drug addicts and had a baby that did nothing but scream and cry all day. I made several complaints to the HA who only offered arbitration and did once write to the neighbour but this did no good. Eventually those neighbours moved out and I spoke to the HA about the property.

I told them that I can hear everything from downstairs and that having a baby there was a living hell. This seems to have no effect.

Now living there, with fake laminate flooring that the HA put in (to replace the old one that stunk of marijuana) is a young family with one toddler (who screams and cries all day) and another one on the way. I'm dreading it, as life now is unbearable with the noise. And no, they can't hear me - I'm fairly quiet and I've asked them (and also been into their property when my TV was on quite loud).

It's obviously not a fault with the people downstairs, but with the property itself. I think it used to be one house but has been converted some years ago but I'm not sure.

Given that I've told the HA that the property is unsuitable to have kids in, that they have installed fake laminate in, and given the previous complaints, can I take action against the HA? I'm on medication for nervousness from my GP because of this and so is my missus.

The_Palmist

Have you tried any sound proofing measures yourself.

Wee_Willy_Harris

Not sure I understand how the laminate flooring in the downstairs property would effect the noise levels in your property above them.

kiki*_2

Why don't you try moving if it's a living hell? Don't think it's up to you to decide who lives below you. These people need houses just like you do!

Dan:_4

have you thought about moving?

poppysarah

You need to improve the sound proofing between the property downstairs and yourself.

Or move to a place with no neighbours.

vintagebrighton

Unfortunately it's likely to be a problem with the conversion from what you've said. I've been in this position and nothing helps. Doesn't matter if the downstairs is fully carpeted throughout! In a poor conversion the noise will travel through the walls...... They can probably hear you too but if it's children that are the problem there's nothing you can do. As someone else said, people have to live somewhere. Have you thought about exchanging? If you exchange with someone else who has children there won't be a problem for them and you might find somewhere quieter. You don't say how old you are but there are properties where children aren't allowed. I don't think it's possible for you to take action against the HA. How would you prove the line of 'fault' ie that their actions or non actions directly led to your mental health problems. It's notoriously difficult to prove such a thing and it's unlikely there would be legal aid for this type of action. Have you been through your HA's own complaints procedure? What about the housing ombudsman? IMO it'd be easier to just move!

pararct

Sell up and buy a nice detached bungalow.....Problem solved.

If you cannot afford to do that then I am afraid you will have to learn to live with it. Children = noise fact of life. All of us were children once upon a time and as such were no doubt quite noisy.
Even if you can arrange a swop or move to a similair property there is no guarantee the problem will not return.

scooby75

Well, my original question was whether I could sue the ha, but seeing as that hasn't even been answered... Except by
Vintagebrighton...

My legal point would be that ss the propetty hss been converted, I think, then noise like this would be a statutory nuisance, and as I have complained to the ha several times previous, then they knew it was a problem.

Yes, I am trying to move out. Home swap is a no-hoper. Letting agents cant seem to look past a credit score and private lettings - well. I'll say no more.

I dont need anything fancy, just small and very quiet with own garden as the missus has some mental health problems, and I think i'm starting to develop some thanks to the neighbours.

scooby75

Oh,.and I dont think people understand the level and frequency of the noise. I will try and post a couple of recordings to demonstrate how bad it is.

tonycottee

If you could sue, how much compensation would you need to have made the last 5 years acceptable?