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Complaints from downstairs

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  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Harassment is both a crime and a civil matter. It is defined as a'a course of conduct amounting to harassment'. Repeated, unreasonable complaints can amount to harassment. And the first step in raising harassment as an issue is to make clear to the person responsible that you perceive their behaviour as harassment.

    The Protection from Harassment Act was a direct response to the fact that issues which are individually not criminal, or not particualrly bad, can, if they are persistent, amount to harassment.

    One or two complaints about noise are unlikely to amount to harrassment. Repeated demands to refrain from perfectly normal, day-to-day activities in the privacy of your own home could very easily amount to harassment.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • Pandilex
    Pandilex Posts: 410 Forumite
    It's laughable compared to threads on here about nightmare neighbours blasting their grindcore at 4am.

    They don't know what noisy neighbours are until they've had to put up with stuff like that.

    Maybe put some speakers against the walls and blast 'let the bodies hit the floor' for 4 hours to put things in perspective.

    (Please don't do this)
  • unicorn1984
    unicorn1984 Posts: 113 Forumite
    Sixth Anniversary 100 Posts Combo Breaker
    Wow, I think you have been MORE than reasonable. So they expect you to creep around during their opening hours, and not do any washing, or allow your child to move about freely? They clearly don't realise how lucky they are to have you as their upstairs neighbours. Like a PP mentioned, how many people would be prepared to live above a funeral parlour?

    Maybe thats what they thought when they started leasing the parlour? That the location might put people off renting the flat upstairs?

    I can see why the noise coming through when grieving relatives are there, but again, they knew there was a residential property upstairs when they decided to set up shop, so they cannot expect to hear NO noise.

    You shouldnt have to feel like you cant put a wash on when you like (I have a 2 year old and feel like my machine is on non-stop!) or that he cant go in certain rooms, or have certain toys.

    I would just write to or email the shop below, CC your landlord and be polite and say that you have stopped using your washer during the day to help even though you shouldnt have to, you take your son out as much as you can during the day (again, you shouldnt have to feel like you have to!!) and you feel that they arent being very appreciate and continue to complain despite your cooperation.

    You PAY to live there, and you shouldnt have to feel like that in your own house, its not a B&B (no noise after 8pm, check out is 10am) so why the hell should you have to live like that?

    Bet the who lived there before you was a single person who worked all day, so they never heard them at all. But if the landlord knew that noise was an issue with them downstairs, then he should have stated "no children" in the listing when advertising the apartment.

    Hope you get it sorted. You shouldnt have to move house because of this. x
  • Vickyh
    Vickyh Posts: 108 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Hi everyone thank you for everything.

    If a complaint is made agin, I will be putting everything in writing and cc the LL, as I too believe I am doing too much to keep the peace.
  • savingmummy
    savingmummy Posts: 2,915 Forumite
    Debt-free and Proud!
    Your doing everything you can, you sound VERY reasonable to me.
    Obviously this isn't just a miserable neighbour it is a `funeral service` which makes you feel more obliged and guilty - I`d feel very uncomfortable walking on egg shells.
    I would NOT stop my child playing with noisy toys and if I NEEDED to use my washing machine I would its your home!


    My friend lives in a council owned flat above a funeral directors and has 4 children.
    I often joke with her about noise and she has said she has never had any complaints - she has lived there 6 years now.


    I`d imagine anyone `visiting` a relative would accept noise as it must be obvious there are homes directly above.


    Maybe they should have some `appropriate` music playing.
    The last time I went to a funeral parlour they had music playing in the reception and chapel of rest.
    DebtFree FEB 2010!
    Slight blip in 2013 - Debtfree Aug 2014 :j

    Savings £132/£1000.
  • freeisgood
    freeisgood Posts: 554 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    edited 28 April 2014 at 7:48PM
    It is up to the funeral directors to insulate their ceiling if they don't want normal residential noise encroaching. They can put it down as business expenses.
    As for you, please live your life as normal and do your washing when you like, you should not feel like you are living in a library!
  • Maybe they should have some `appropriate` music playing.

    Yes! Absolutely this! It's both unreasonable and unprofessional of them to try to enforce silence as it's clearly not going to work with residential accommodation above.
  • As it's all the landlord's building perhaps he should get the place well sound proofed. Washing only in the evening with a toddler. Wow.
  • propertyman
    propertyman Posts: 2,922 Forumite
    I love these threads as they are full of “common sense innit” and “its my right” with an eastenders accent and a screwed up face.

    The outcome like it or not is
    -the funeral parlour, paying a huge rent, will continue to complain and may even withhold rent
    -the landlord will lose patience and decide, whether it was stupid to rent it to you or not, that you moving out, at the earliest opportunity, it is the easiest fix.

    The other comments might make you feel good, but the conclusion is almost inevitable, sorry, but it is.

    Unless you can convince them to put in sound insulation between the floors ( he says from his flying pig on the way to work) which equates to a years rent, you can see that he will opt for the new tenant with a 9-5 job.

    Having done as much as you can reasonably be expected to do, your only real issue is therefore how to keep the landlord on your good side so that you get a good reference.
    Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
    Actively hunting down the person who invented the imaginary tenure, "share freehold";
    if you can show me one I will produce my daughter's unicorn
  • -the landlord will lose patience and decide, whether it was stupid to rent it to you or not, that you moving out, at the earliest opportunity, it is the easiest fix.

    Maybe, but I doubt it.

    Evicting the OP would not resolve the issue, it would simply postpone it until the next tenant came in, unless the landlord was happy for it to sit vacant when it could be making money, which I doubt would be their ideal solution.

    I'd write/talk to the funeral directors and ask for any complaints to be made directly to you as it's not really in anyone's interest to constantly pester the landlord until they do something rash.
    *Assuming you're in England or Wales.
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