Advice sought RE - problematic neighbours, looking for an amicable solution

Cissi

af2909 wrote: »

Even if the tenants are in breach of their agreement (ie not cause nuisance to neighbours)?

Even if such a clause was written into the tenancy agreement it's almost impossible to enforce. I agree with PPs - since you've chosen to go down the confrontational/legal route your only option now is to keep a noise diary and get in touch with the Council.

Forget about doing this through your LA or LL - they have no power to enforce silence. Their only option would be to evict the noisy tenant - but even if they wanted to do this (at potential cost to the LL: costs of eviction process, potential void etc) this could be a lengthy process.

Be grateful at least that you don't own your flat! If this had been your own flat and you had proceeded any further with the complaints (to the council etc) then the dispute would have to be declared when selling and you'd have had a much bigger problem. At least when renting you can give notice and move on!

Racml34

Cissi wrote: »

Even if such a clause was written into the tenancy agreement it's almost impossible to enforce. I agree with PPs - since you've chosen to go down the confrontational/legal route your only option now is to keep a noise diary and get in touch with the Council.

Forget about doing this through your LA or LL - they have no power to enforce silence. Their only option would be to evict the noisy tenant - but even if they wanted to do this (at potential cost to the LL: costs of eviction process, potential void etc) this could be a lengthy process.

Be grateful at least that you don't own your flat! If this had been your own flat and you had proceeded any further with the complaints (to the council etc) then the dispute would have to be declared when selling and you'd have had a much bigger problem. At least when renting you can give notice and move on!

The OP does own the flat. Unfortunately Environmental Health don't have much power over this kind of noise nuisance as it would be very difficult to prove it was a statutory nuisance.

It would also very difficult for the landlord to take tenancy enforcement action without substantial evidence of the nuisance. I do sympathise but from experience I feel you will struggle to get action taken based on what you've said.

af2909_2

Cissi wrote: »

Even if such a clause was written into the tenancy agreement it's almost impossible to enforce. I agree with PPs - since you've chosen to go down the confrontational/legal route your only option now is to keep a noise diary and get in touch with the Council.

Forget about doing this through your LA or LL - they have no power to enforce silence. Their only option would be to evict the noisy tenant - but even if they wanted to do this (at potential cost to the LL: costs of eviction process, potential void etc) this could be a lengthy process.

Be grateful at least that you don't own your flat! If this had been your own flat and you had proceeded any further with the complaints (to the council etc) then the dispute would have to be declared when selling and you'd have had a much bigger problem. At least when renting you can give notice and move on!

It is owned :mad:

How exactly is it impossible to enforce? What legislation prevents this? It all seems a bit strange to me.

So, in summary (pardon me if I come across like a tool here) people can behave in whatever way they wish as long as it is not using HiFi equipment?

af2909_2

Racml34 wrote: »

The OP does own the flat. Unfortunately Environmental Health don't have much power over this kind of noise nuisance as it would be very difficult to prove it was a statutory nuisance.

It would also very difficult for the landlord to take tenancy enforcement action without substantial evidence of the nuisance. I do sympathise but from experience I feel you will struggle to get action taken based on what you've said.

Thanks for the help - just out of action how can shouting and screaming not be classed as a statutory nuisance? :eek:

Cissi

af2909 wrote: »

It is owned :mad:

Oops, I missed that - just reread your initial post, sorry! In that case I think you need to think twice about whether you want to escalate this as it could seriously devalue your own flat. Unfortunately I really don't think the neighbours' LA will be able to do anything for reasons already stated by others. I think your options are either to live with the situation (or try to negotiate with the neighbours) or decide to escalate this into a full-blown dispute, which will later have to be declared to potential buyers. Unfortunately neither is likely to get rid of the problem for you

Racml34

No not in any way they wish. Noise nuisance does not just include music. However to prove statutory noise nuisance on things like shouting and laughing they would need to show it had been going on for a substantial amount of time and had a significant impact.
Have a discussion with your local Environmental Health office. They will ask you to keep logs which should help to show a pattern but they will also need to witness the noise and I suspect that if they are stretched like most at the moment they will direct their resources to what they would consider a higher priority. For example our own EH department has only two sets of nose monitoring equipment to cover nearly half a million households. Naturally their priority is serious noise nuisance

Racml34

Oops that should have read 'noise monitoring' not 'nose'!

artbaron

You can't stop people talking loudly and laughing in their own bedroom.

af2909_2

artbaron wrote: »

You can't stop people talking loudly and laughing in their own bedroom.

To the point when it stops you getting to sleep? When they are screaming and stomping about? Seems to tick the boxes for nuisance if you ask me...

Are you being serious or are you fishing for a bite?:eek:

artbaron

af2909 wrote: »

To the point when it stops you getting to sleep? When they are screaming and stomping about? Seems to tick the boxes for nuisance if you ask me...

So they're screaming and stomping now? Before they were talking loudly and laughing. Maybe if you gave a straight story people could give more accurate advice.