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

af2909_2

Thought I'd bump today - they refused to meet on a neutral ground and they've been given their notice to leave.

Big learning curve and certainly am going to be far more proactive should we come across any future issues with future tenants.

Start as we mean to go on - the next tenant(s) will be invited in for a cuppa, not going to make the same mistake as we did!

Guest101

Ye, your lucky they were tenants, if they owned the property.....

It's part and parcel of owning a 1930's build, and flat's/maisonette conversions.

Fraise

There should be an article in the lease that states all people living in the property are entitled to quiet and peaceful living. If people are causing a noise nuisance they are in breach of the lease, and can be sued.

The landlord of the flat above you is ultimately responsible for his tenants behaviour. If they are flouting the rules of the tenancy agreement, it is his duty to warn them and eventually serve them notice if they refuse to behave in a sociable manner.

Also, most maisonettes or conversions/flats have clauses in the lease that stipulates no wood/laminate flooring on upper floors, unless the owner supplies soundproofing between his floor and your ceiling. If he doesn't want to go to that expense, it might be worth asking him to fit an acoustic matting and impact underlay, which is almost as good as soundproofing. You will still hear a certain amount of noise, but not enough to distress you. You may have to go halves with him for the cost of the underlay, matting and carpet, but at least you'll get your life back.

af2909_2

Fraise wrote: »

There should be an article in the lease that states all people living in the property are entitled to quiet and peaceful living. If people are causing a noise nuisance they are in breach of the lease, and can be sued.

The landlord of the flat above you is ultimately responsible for his tenants behaviour. If they are flouting the rules of the tenancy agreement, it is his duty to warn them and eventually serve them notice if they refuse to behave in a sociable manner.

Also, most maisonettes or conversions/flats have clauses in the lease that stipulates no wood/laminate flooring on upper floors, unless the owner supplies soundproofing between his floor and your ceiling. If he doesn't want to go to that expense, it might be worth asking him to fit an acoustic matting and impact underlay, which is almost as good as soundproofing. You will still hear a certain amount of noise, but not enough to distress you. You may have to go halves with him for the cost of the underlay, matting and carpet, but at least you'll get your life back.

Yeah - the thing is that ourselves and the LL of upstairs are in the process of enfranchising the Freehold as the freeholder is MIA

To be fair, I'm thinking of putting in a plasterboard ceiling with insulation, as there is lining paper there and I want a pristine finish .

Guest101

Fraise wrote: »

There should be an article in the lease that states all people living in the property are entitled to quiet and peaceful living. If people are causing a noise nuisance they are in breach of the lease, and can be sued.

The landlord of the flat above you is ultimately responsible for his tenants behaviour. If they are flouting the rules of the tenancy agreement, it is his duty to warn them and eventually serve them notice if they refuse to behave in a sociable manner.

Also, most maisonettes or conversions/flats have clauses in the lease that stipulates no wood/laminate flooring on upper floors, unless the owner supplies soundproofing between his floor and your ceiling. If he doesn't want to go to that expense, it might be worth asking him to fit an acoustic matting and impact underlay, which is almost as good as soundproofing. You will still hear a certain amount of noise, but not enough to distress you. You may have to go halves with him for the cost of the underlay, matting and carpet, but at least you'll get your life back.

All well and good, the point is proof. Evidence for the court. These clauses are so subjective that its more hassle to prove than its worth.

All great on paper though

rrtt

To be honest, I think you'll be struggling here because

a) perception of and sensitivity to the type and level of noise are quite an individual thing and even vary within the same individual at different times of their lives (weirdly, I was quite sensitive to just the kind of noise you describe, and at the same times, when I moved away from home at 16 because my family home of parents and brother were very quiet people who went to bed early. From my 20s on it didn't bother me one jot as I got used to it).

b) talking and laughing "loudly" are hardly crimes of the century in terms of noise nuisance (and again levels are subjective unless you get a decibel measure). What if these neighbours moved out and a couple with a new baby who cried intermittently right thru the night moved in? You wouldn't have a leg to stand on, and as has often been said, babies' cries are designed to get to you!!

c) 11.30 pm isn't exactly late by most people's standards - if you have to get up for work at 5am eg, that's just tough luck really.

Personally I wouldn't get into retaliation - it could just lead to an escalation of the problem, more stress and even less sleep for you. I'd say nicey-nicey is the way to go, and hope to guilt-trip them into being more considerate because they like you better and can see/understand things from your point of view a bit better

af2909_2

rrtt wrote: »

To be honest, I think you'll be struggling here because

a) perception of and sensitivity to the type and level of noise are quite an individual thing and even vary within the same individual at different times of their lives (weirdly, I was quite sensitive to just the kind of noise you describe, and at the same times, when I moved away from home at 16 because my family home of parents and brother were very quiet people who went to bed early. From my 20s on it didn't bother me one jot as I got used to it).

b) talking and laughing "loudly" are hardly crimes of the century in terms of noise nuisance (and again levels are subjective unless you get a decibel measure). What if these neighbours moved out and a couple with a new baby who cried intermittently right thru the night moved in? You wouldn't have a leg to stand on, and as has often been said, babies' cries are designed to get to you!!

c) 11.30 pm isn't exactly late by most people's standards - if you have to get up for work at 5am eg, that's just tough luck really.

Personally I wouldn't get into retaliation - it could just lead to an escalation of the problem, more stress and even less sleep for you. I'd say nicey-nicey is the way to go, and hope to guilt-trip them into being more considerate because they like you better and can see/understand things from your point of view a bit better

Yeah the thing is the perpetrators are out in a couple of months time, so a charm offensive will be used on the new tenants. We shall be moving on in approximately 12 - 18 months so hopefully we'll have a better end to our time in our first property :beer:

kelpie35

I think you need to sell up and buy a detached property.

I would also be concerned in you were my neighbour and was complaining about me talking, laughing etc at 10pm.

af2909_2

kelpie35 wrote: »

I think you need to sell up and buy a detached property.

I would also be concerned in you were my neighbour and was complaining about me talking, laughing etc at 10pm.

No - there is a difference between talking and laughing, ambient noise is to be expected

When I can make out the whole conversation, slamming about, running about and screaming on top of their voice in a bedroom.

I assume you've never had unreasonable noise before then. This is coming from someone who lived in flats before and in terraced housing next to a student house. This noise was worse than anything I've experienced.

But then again, crack on if you think that is reasonable :eek:

jamie11

Fraise wrote: »

The landlord of the flat above you is ultimately responsible for his tenants behaviour.

!!!!!!! the landlord is not responsible for a tenant's behaviour.

Never ever.