Can I sue HA for noise from neighbours?

Shelldean

Just another train of thought, if it's maing you and your wife ill, then get doctors letters and consultant letters etc and use them to get the HA to move you.

I was in a two bedroom flat which was great but totally unsuitable for 3 under 3's ( I had DD + twins). I applied to be moved and the waiting list was huge, But as the Twins had asthma, and we only had blow heating I got HV, doc and consultant letters stating it was making the boys asthma worse. This gave us more points and put us in a more urgent place in the list. Still took 18mths but we did get moved eventually.

Might be worth a shot???

N79

scooby75 wrote: »

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.

Of course you can sue the HA. The question is, would you win? The answer is that it is extremely unlikely. The court of appeal considered an almost identical case in Southwark v Mills and, in a unanimous decision, ruled that the LL did not have an obligation to bring soundproofing up to modern standards.

China2

How much is a lawsuit for "nervousness" worth these days?

It bugs me how many people out there want something for nothing.

Oxid8uk

Noise is very subjective – what one person can tolerate another person cannot, what one person likes another person doesn’t, a good example is heavy metal music.
I am a noise consultant, and it is a known fact in the industry that some properties, especially conversions, can have poor sound insulation between them.

scooby75 wrote: »

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.

How old is the property? Do you know when it was converted? Any properties built or converted to flats since 2003 need to meet the Building Regulations Part E, which stipulates a level of sound insulation between properties that needs to be met, and pre-completion testing to measure the level of sound insulation has been a requirement (unless conversions/new builds have been done using Robust Standard Details). If the sound insulation is not met then Building Control are unlikely to sign it off – unless this hasn’t been done.

scooby75 wrote: »

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).

You said that the neighbours don’t hear you, even you said when you went into their property with your TV on loud you could not hear it….therefore is the problem poor sound insulation or just the fact you have, over time, become more sensitive to noise because it has been stressing you out? When you focus on noise it can sometimes seem louder than it actually is.


With regards to soundproofing – to improve sound insulation you need mass, something that the current floor may not be able to support. And it isn’t cheap.

scooby75

China2 wrote: »

How much is a lawsuit for "nervousness" worth these days?

It bugs me how many people out there want something for nothing.

No idea how much a lawsuit for "nervousness" is, and I find people who want something for nothing irritating as well. Have you posted on the correct thread because these responses bear absolutely no relation to what I have posted?

But anyway, some good news on several fronts. The HA have called me and set up a meeting to discuss getting me relocated after receiving a letter from EH. They have accepted that the situation cannot go on and are willing to pay costs. I have suggested the deposit needed to rent somewhere else, plus the cost of a removals firm. He said that he can't see a problem, especially as they thought I might have got solicitors to ask for a sum in the thousands.

They are getting a surveyor in to look at the property as several problems were found that may make the property uninhabitable (which I have been saying for a while but they chose to ignore me on several issues - for example cracks that have appeared in a wall and wiring which two independent inspectors called a "death trap" but which the HA inspectors called "acceptable", but i digress).

Even if nothing does happen, my partner has found out that she is to be made redundant from her job, which is a blessing in disguise as she is struggling to cope with the stress and has been resisiting calls from her doctor to leave and the redundancy money will be enough to pay a few debts off and pay for a deposit.

Cue posts "why are you asking for the HA to pay when you can pay for it yourself".

lynzpower

Sounds like a great result.

However, does this mean you are moving out of HA and into the private rented sector.

Can they not transfer you to another property in their stock?

Obviolsy you have a great security of tenure with the HA... personally I wouldnt give this up: but then I dont know where you live so...

suki1001

shegirl wrote: »

the neighbours practising their babymaking skills:eek::rotfl: One side is just that -the normal stuff but hugely amplified sound.The other side are an absolute nightmare with constantly screaming toddlers (up to 8 hours a day in total),screaming parents (the other night I had 20 minutes of the mother screaming at the 18 month old for wetting the bed 'you disgusting !!!!!!!,do you want to be like a baby and wear nappies,clean yourself now,you're a disgusting little baby

Practising babymaking skills - lol

The other bit, I know you've reported them to social services, but have you specifically reported this to them? That is abuse.

Tiddlywinks

lynzpower wrote: »

However, does this mean you are moving out of HA and into the private rented sector.

Can they not transfer you to another property in their stock?

Obviolsy you have a great security of tenure with the HA... personally I wouldnt give this up: but then I dont know where you live so...

You should think long and hard before giving up a secure tenancy (if that is what you have).

Are they not able to offer you another of their properties?

shegirl

suki1001 wrote: »

Practising babymaking skills - lol

The other bit, I know you've reported them to social services, but have you specifically reported this to them? That is abuse.

Of course I have! There's quite a bit that needed reporting,as far as I'm aware there's been no visit as of yet,although I know their health visitor has been as my sons psychologist passed it on to her.

suki1001

shegirl wrote: »

Of course I have! There's quite a bit that needed reporting,as far as I'm aware there's been no visit as of yet,although I know their health visitor has been as my sons psychologist passed it on to her.

It wasn't a criticism. Scary, when there's no protection and there's obviously nothing being done. I'd be ringing the police next time I heard something like that.