Misrepresentation. Nightmare neighbours

Blinkin73

HappyMJ - the vendor does not have to be the complainant. See Eddy's post.

And of course people can have parties. I really dont think I am intolerant. But if your blaring out hiphop from a PA system which is in your house into your garden every friday and saturday night from before 5 until gone 1am when you not even having a party at a level that both neighbours walls are shaking and people over 130ft away who have double glazing have to move their childs bedroom, you're causing a noise nuisance. If you have parties where you have live bands and music blaring out until 4am you're causing a nuisance.

My other neighbours have barbeques and parties occossionally, there is music playing and of course drinking and it can be loud but it quietens down at midnight. You seem to assume that I am being intolerant and I dont know why.

Other nearby neighbours are finding the music a problem also but many properties are privately rented so they just move elsewhere

HappyMJ

Blinkin73 wrote: »

HappyMJ - the vendor does not have to be the complainant. See Eddy's post.

And of course people can have parties. I really dont think I am intolerant. But if your blaring out hiphop from a PA system which is in thehouse into your garden every friday and saturday night from before 5 until gone 1am when you not even having a party at level that both neighbours walls are shaking and people over 130ft away who have double glazing have to move their childs bedroom, you're causing a noise nuisance. If you have parties where you have live bands and music blaring out until 4am you're causing a nuisance.

My other neighbours have barbeques and parties occossionally, there is music playing and of course drinking and it can be loud but it quietens down at midnight. You seem to assume that I am being intolerant and I dont know why.

Other nearby neighbours are finding the music a problem also but many properties are privately rented so they just move elsewhere

It's not going to stop so what do you want to happen?

The police can't do anything. They can politely ask and that's about it. They can't demand anything.

Environmental health can't do anything. They can monitor the situation and let them know that they are making too much noise but there's still nothing they can really do.

The vendor never believed there was an issue.

Blinkin73

(HappyMJ - you havent understood what I have written.

Noisy neighbours have a PA system, you know, big speakers etc, the sort of think you have at a club. Last night, after I had complained to the police and environmental health about the noise the previous week, and either they or my other neighbours breaking my screeing, they stopped playing that and quietly played a laptop which I have no problem with. However they were still shouting and being very loud, as drunk people often are, until the early hours. But the situation was much more tolerable and if that were the level of noise that they always I wouldnt be complainin about it, unless it happened very frequently

The other neighbours who play from a lap top with tiny speakers, who until recently only played it until midnight when they had a barbecue which I didnt have a problem with, started playing it from 12-3am when drunk with my noisy neighbours and singing/shouting along to the songs, so much so that their deaf 91 year old neighbour told the to shut up.

I would love to sell up but I would have to declare the noise issues, which my vendor should have, and this would lead to a substantial financial loss as most people do not want to live next door to this sort of thing. Just like most people dont want to live next to a pub or club.

Regarding the washing line and lights, as I said in the post I was pushed over the edge. Im not saying it was the best thing to do and I realise that I was being somewhat childish. Its hard in these situation to always maintain your composure.

Im going to ignore your replies from now on because, whether deliberately or otherwise, you seem to have no apprecation of what living next to such noise is like and your focus is trying to make out I am in the wrong even though you know very little of the situation, and have misunderstood much of what you have read. Some might call you a troll.

I posted on hear for information regarding the legalities of the matter and clearly you have none. A claim of misrepresentation against the vendor would be to recover the costs of the losses I suffered - I should have paid less for the house given the noise (actually I wouldnt have bought it had i known about the noise no matter what the price) - thats what the damages would be for, the difference in value. Which is what I discussed at the start of the post.

I bought an otherwise charming victorian terrace in a sleepy town across the road from downs. I dont expect total silence or I would have bought a detached house. I usually find the distant sounds of others strangely comforting. Prior to this house, I lived in a victorian terrace for 13 years and never had a problem with my neighbours

HappyMJ

Blinkin73 wrote: »

HappyMJ - you havent understood what I havet understood what I have written.

Noisy neighbours have a PA system, you know, big speakers etc, the sort of think you have at a club

The other neighbours who play from a lap top with tiny speakers, who until recently only played it until midnight when they had a barbecue which I didnt have a problem with, started getting playing it from 12-3am when drunk with my noisy neighbours and singing/shouting along to the songs, so much so that their deaf 91 year old neighbour told the to shut up.

I would love to sell up but I would have to declare the noise issues, which my vendor should have, and this would lead to a substantial financial loss as most people do not want to live next door to this sort of thing. Just like most people dont want to live next to a pub or club.

Regarding the washing line and lights, as I said in the post I was pushed over the edge. Im not saying it was the best thing to do and I realise that I was being somewhat childish. Its hard in these situation to always maintain your composure.

Im going to ignore your replies from now on because, whether deliberately or otherwise, you seem to have no apprecation of what living next to such noise is like and your focus is trying to make out I am in the wrong even though you know very little of the situation, and have misunderstood much of what you have read. Some might call you a troll.

I posted on hear for information regarding the legalities of the matter and clearly you have none

Good luck then. You'll never be able to stop the noise and therefore the only thing you can do is sell up and move on.

They'll never get a fine, they'll never get the equipment confiscated...all they'll get is a letter through the post telling them they're making too much noise and to be considerate to their neighbours. They don't sound considerate enough to listen to the advice so nothing will happen.

There are laws. The council will have to issue an abatement order. They have to break that order. They'll be called in for mediation. They'll move the speaker so it doesn't cause a nuisance (something you could have just asked for in the first place). They'll break the order again. They'll be called in again for mediation. It'll never stop.

bouicca21

The problem with a persistently noisy neighbour is that one becomes ultra sensitive to it. I well remember that with my noisy neighbour it got so bad that as soon as it started I got tense and stressed. It didn't matter whether it went on for 5 minutes or 5 hours ...

Forget the fence for the time being. Concentrate on the noise. Keep a diary. Complain to the council, get others to complain, complain often enough and they will install decibel measuring equipment. Look to getting enough evidence for a noise abatement order.

chris_m

HappyMJ wrote: »

Environmental health can't do anything. They can monitor the situation and let them know that they are making too much noise but there's still nothing they can really do..

If they deem it to be a persistent problem and the offender refuses/declines to take remedial steps they can confiscate the equipment.

moneyistooshorttomention

I think maybe some don't understand that a question (ie on legal questionnaire form) that is worded as "Have there been complaints" means "Have there been complaints from anyone". If it meant "Have there been complaints by the vendor" then it would have been worded as "Have there been complaints by the vendor". There is a difference between "anyone" and "vendor". These questions are worded carefully for a reason.

Re planning permission (or lack of) for the garden shed - then have you complained to the Planning Dept of the Council about this? I rather doubt they have managed to get planning permission to build across a ROW - and expect they haven't even tried and are hoping to get away with it as a fait accompli. They obviously haven't read the newspaper articles then re Councils getting naughty home-owners to tear down whole houses if they haven't got the appropriate permission then have they?;)

I would be wondering what they plan on using this shed for and expect its to assist them in their "party-giving habits" one way or another (ie not a home office then:cool:). One way or another - they are after more space and, if they don't get it, they might just move. Well worthwhile to oppose this then and I would be doing so personally and knowing very well they would probably be determined to "punish" me for doing so - but setting myself up with a white noise machine/super-quality noiseblocking headphones/friends house to stay overnight on Party Nights etc as a temporary measure until I saw their house had safely been put on the market and got as far as Exchange of Contracts. The plus side to any "punishing" they decided to do would be more incidents down on the Noise Log I would be compiling for the Council - and, yes, Councils have been known to confiscate equipment.

OP might well have a friend/boyfriend/relative who would be prepared to just let OP sleep over at theirs 2 nights a week until this is sorted out. I've made up a bed before now for a friend who was being driven distracted by noise near their house and gone off leaving them with keys to let themselves in for a sleep if they needed it whilst I was away.

Re washing line on fence - and this might be a "strain too much" for the fence to cope with. There is a very good chance it would if OP lives in a windy area - the wind blowing a gale while line was full of wet washing might well be more than the fence could cope with.

Blinkin73

Boicca- you are so right. Last night when my noisey neighbours were quietly playing their laptop I could feel myself getting tense and wound up waiting for the time when they got so drunk that they turned on their PA system or starting shouting along to songs. I kept reminding myself that it was a huge improvement from what I have experienced for the past 4 months and that the music was at an acceptable level. They even turned it off at 10.30. I could tell that they were trying to be quiet because they would get loud for a bit and then tell each other ssh! Hopefully it will be the same tonight and then I will have had my first quiet weekend for over 4 months.

I will have to return to the fence issue and sort it out as it may come to haunt me when I sell this place. For my own peace of mind I want to settle the matter as soon as possible. I appreciate your words about leaving the issue for a while but fear that it will be like picking at a scab even if I leave the matter for some months. I will refrain from doing anything for a bit though.

Chris - I really hope the noise issues are resolved now. My noisy neighbours were trying to be quiet last night, even if there were several sarcastic comments aimed at me. But then I should have know there might be and not sat out in my garden to hear it.

What made me even madder was that when I spoke to my noisy neighbours other nieghbour, who is also renting and going to be moving away because of the noise, she advised that it only happens in summer and that she attends a club frequented by the noisey neighbours who apparently brag about the parties and when questioned by others as to whether others complain replied that most of her neighbours were rentals so it didnt matter. Such selfish people!

System

moneyistooshorttomention wrote: »

I think maybe some don't understand that a question (ie on legal questionnaire form) that is worded as "Have there been complaints" means "Have there been complaints from anyone". If it meant "Have there been complaints by the vendor" then it would have been worded as "Have there been complaints by the vendor". There is a difference between "anyone" and "vendor". These questions are worded carefully for a reason.

There is no way that the wording can mean anyone as that is impossible to verify,

If that were the case it would need to ask whether the vendor was AWARE of any complaints.

The questionnaires that I have seen ask the question of the vendor

I.E. Have YOU made a complaint, do YOU know of any disputes etc or Are you aware of....?

Blinkin73

Moneytooshort.. - (your name is too long!) Your first paragraph is spot on and demonstrates what the law is frequently about where legislation is concerned - the interpretation of words and sentances.

Regarding the cabin - After both neighbours being involved in breaking my screening I was pushed over the edge a I said. This involved not only reporting the issues to the police and contacting one neighbours landlord who will remind the of the terms of their lease which include not causing a nuisance, I also made a complaint to the planning enforcement authority about the cabin. I know no permission would be given due to the Row, but also its size and proximity to three boundaries and that its fashioned from decking. You are right rearding its purpose. The noisy neighbours informed me that they intend to install their PA system in it. The noisey neighbours partner loves his cabin and so I am waiting for some punishment in the form of dog poo on my door step again or my car being scratched etc. They also love their PA system and I dont think they would jeopardize it.

They have been talking about moving to spain since I moved here. I would happily attend their leaving party. Id even book a live band to play in their garden!

After putting the washing line back on to my fence after I removed it (childish I know) the have now secured it to their cabin.

My other neighbours have covered up their dog pooh storage container so I am no longer affected by the smell. So a partial victory there too.

However I am still mad at the vendor. She is still at the noisy neighbours, even though they have gone out. I get the impression that she is lonely and dont think they can get rid of her. The noisy neighbours were quite critical of her when I moved in.

If I go away at weekends I fear they will see it as an opportunity to play loud music again. I have partially adopted a war mentality - no retreat, no surrender