Disclosure of Noisy Neighbour?

kriss_boy

My mates rented a flat but within days she got a fright when she heard strange noises in the middle of the night!

Her elderly neighbour appears to some sort of mental illness and shouts loudly in the night. It doesnt appear to be tourettes- it appears to be more a form of schizophrenia.

My question is,

Was the landlord obliged to disclose this, or was my mate niave not to specifically ask about the neighbours?

The landlord is playing dumb but all the other residents say the noises have been going on for a couple of years!! The police say they cannot intervene unless they witness it- but its very random.

Is it the landlords duty to investigate or the tenant?

Thanks,

penguingirl

I have no idea, but I'm intrigued about what your friend would like done about it? I would think that the police/council would be unlikely pursue someone for being noisy because of a mental illness, and I'm not quite sure what a satisfactory solution would be?

cattie

Only property being sold belonging to vendor's who have made an official complaint regarding neighbour are legally bound by disclosure rules, as per the form supplied by buyers solicitors. As the flat is rented, the landlord is not under any obligation to disclose whether he/she has ever had reason to make official complaint regarding any neighbour.

Neither landlord nor tenant has a duty to investigate it. As the neighbour is ill, would it be possible for your friend to try to be a little more understanding? It would be a different story if it were somebody playing loud music till all hours, or came home roaring drunk most nights, shouting & screaming & throwing furniture & partner about.

I can't see that the police could intervene in such a case. The person is in their own home & as long as they are not being a danger to themselves or others, there is nothing they can really do.

G_M

Clearly it is time we as a country got a grip on this kind of disturbance.

The answer is to allow a time period, say 3 months, for any new occupant, tenant or owner, to bring eviction proceedings against any noisy neighbour. 'Noisy' of course would need definition, but something along the lines of 'sufficient to disturb the sleep of a neighbour between the hours of 9 PM and 9 AM'.

On eviction, the sunsequent forced sale of the property would see the proceeds allocated, in order, to
a) costs of neighbours eviction proceedings
b) morgages and Charges
c) local authority ( in the event that homeless re-housing ensues)

Perhaps a campaign to all our MPs?

(currently, OP, I fear there is little you can do except
a) move out when your fixed term expires or
b) negotiate with your landlord for an early surrender and hope he is sympathetic)

Errata

Her elderly neighbour appears to some sort of mental illness and shouts loudly in the night. It doesnt appear to be tourettes- it appears to be more a form of schizophrenia.

So do I when I can't sleep, watch telly and shout at it. But obviously your friend/you are mental health experts and can diagnose Tourettes and schizophrenia, so I'm afraid I can't suggest anything useful.

Annisele

Has she actually spoken to the elderly neighbour?

It's possible the neighbour doesn't realise they can be heard outside their own property, and would be mortified (and quiet!) if they did know.

pineapple

The landlord could if he wanted take action as the tenant is likely to be breaching tenancy conditions by creating a disturbance.
I would have thought that if neighbours who were also tenants complained, he would have a duty to act? At the least they could exercise considerable pressure as he wouldn't want to risk his other income.
But if someone is noisy because he is ill, it's a moral as much as legal issue.

kriss_boy

Errata wrote: »

But obviously your friend/you are mental health experts and can diagnose Tourettes and schizophrenia,

Why the attitude? I'm simply describing the behaviour.

My mate is naturally concerned for the lady as she seems to be screaming about particular topics that are quite saddening.

I managed to phone a mate in the police force and I got a lot of useful information. The police have very little power as the lady is in her own home.

My police mate suggested my friend formally reports the incidents- at least once so the police can build a picture of the resident. Should anything happen to her, if she went missing for example, it would help the police with their investigations.

But as many have suggested- my friend really has no choice but to put up with it- or move out.

Cheers for the advice regarding the disclosure.

kriss_boy

Annisele wrote: »

Has she actually spoken to the elderly neighbour?

It's possible the neighbour doesn't realise they can be heard outside their own property, and would be mortified (and quiet!) if they did know.

Yes. My friend said shes a very nervous person. I dont think it would be appropriate to repeat the things the lady has shouted out but its quite frightening for my friend. The lady speaks in different voices/tones... and argues with herself.

My police friend told me that they deal with this a lot and its the most grey area of their job. They can only act if they feel the person is an immediate danger to themselves or anyone else.

pimento

One could argue that somebody who plays drum and bass music at 3am is also mentally ill. Where do you draw the distinction?

Noise is noise regardless of who is making it, no? Just because it's an old person doesn't mean you can get to sleep any easier.

Oneday77

Phill99, I feel G_M was being more generalised in respect to how noisy neighbours should be dealt with. My mother and brother had to endure noisy neighbours for over 4 years and nothing would be done about it. Even after having the car's tyres slashed 3 times, every window smashed on the house one new years eve, my brothers jaw broken in the street, my pregnant sister while visiting was threatend with the dogs etc. All the retaliation was for reporting a noisy neighbour and no-one would stand as witness against them.

As for the old woman above, she should get medical care and possibly given sheltered housing as she clearly needs help if it is as described. G_M is an objective poster and unless you can reply in a refrained an constructive manner then don't bother.

For the record my brother has mental health issues and my mother has worked with people who have learning difficulties for nearly 25years so I know how both sides of the coin can land.