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Noisy, selfish neighbour in above flat. Please help.

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Comments

  • Hi


    I know how stressful it is, I've been there.


    The fact is - he is not entitled to make noise 7-11. He has obviously had complaints raised against him before and knows the 'facts' about reasonable times to make noise. However frequency of noise (whatever time of day) is a factor and he can't just do as he pleases.


    I suggest you save up to move and make that your focus, but in the meantime keep a record of what is happening and make a formal complaint to the council environmental health team - at least push for change as it may be possible - and it will make you feel better because you won't be just caving in to this selfish guy. The council has a statutory obligation to investigate. The police don't, unless any crime/aggression is involved. I have done this myself and it took a long time but I eventually got a horrendous neighbour (having rave equipment in his flat, playing from 3am) evicted. I also eventually (at my wit's end) involved Shelter and they were amazing. They threatened to take my landlord to court in the end, and that soon changed things. If you gather records over time and nothing happens, Shelter will try to intervene as they consider such a stressful environment to be extremely serious - and actually a form of homelessness since you have no freedom/relaxation/sleep etc in your own home.


    Just know that your landlord is liable - and make sure your landlord knows that. The environmental health team would soon make your landlord aware of this - the worst penalty for ignoring an environmental health issue is imprisonment - you are paying rent and your landlord owes you a decent home in return.


    Also, dope smokers are notoriously selfish. So ignore him, he won't change but just go through the official channels and/or move. I think as long as you are making steps to improve the situation it will help you cope but having fought a case before and lived like that, in retrospect I would have tried to get somewhere better to live and move on with my life. I'm glad that I fought back though because if people don't fight back then society gets worse.
  • sheramber
    sheramber Posts: 23,059 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    They threatened to take my landlord to court in the end, and that soon changed things

    What can the OP's landlord do about the noisy neighbour when the neighbour owns his flat.
  • andybenw
    andybenw Posts: 212 Forumite
    The fact the 'musician' turns down the volume at 11pm suggests he is aware of his lease and the councils abilities to determine him being a nuisance. It's highly likely this is based on experience from his previous residence.

    Op, I suggest you get saving/selling to get hold of the thousand quid you reckon it will cost you to move, as I doubt theres anything can be done.
  • AliceBanned
    AliceBanned Posts: 3,168 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    sheramber wrote: »
    They threatened to take my landlord to court in the end, and that soon changed things

    What can the OP's landlord do about the noisy neighbour when the neighbour owns his flat.
    Just because someone owns their flat, the neighbours still have rights. OP's landlord can take action via environmental health. I'm just saying that OP's landlord shouldn't sit back and do nothing but take their money for rent when they are living in unreasonable conditions.
  • AliceBanned
    AliceBanned Posts: 3,168 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    andybenw wrote: »
    The fact the 'musician' turns down the volume at 11pm suggests he is aware of his lease and the councils abilities to determine him being a nuisance. It's highly likely this is based on experience from his previous residence.

    Op, I suggest you get saving/selling to get hold of the thousand quid you reckon it will cost you to move, as I doubt theres anything can be done.


    True, and probably far easier for OP to move. But it is not as black and white as this. The timings are stipulated but if someone is noisy outside of those hours on a very frequent basis or at extremely high volumes, this will be considered in law a statutory nuisance. I agree and as I mentioned earlier, the neighbour must have had complaints before and is trying to get around the law, but technically speaking her is infringing on the neighbours' rights and is probably breaching the terms of his own lease, if in fact it is a leasehold flat.
  • m0bov wrote: »
    Ask your LL to check the lease as i know mine has a clause against playing things like pianos etc..

    But who is going to enforce this clause? And how?

    There are all sorts of rules about different things in this country.
    But the reality is that the government enforces some things strictly (e.g. drink driving) and other things (e.g. ASB) get a token effort at best.

    When it comes to drugs, the police only seem to be interested in large amounts being sold or produced. Even then, if the OP said there was a cannabis factory upstairs, the police would probably not investigate.
  • Rich2808
    Rich2808 Posts: 1,395 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Combo Breaker
    I suppose the only positive is at least you are renting so can make an easy escape.

    Imagine trying to sell with that noise above.

    Sometimes life is too short to let low life ruin your life - looks
    Like moving is the best option.
  • nubbins
    nubbins Posts: 725 Forumite
    Whilst looking for a new place to rent I would lay my hands on the bassiest speakers I could find (I mean bassiest), find a way to have them pointed upwards as close to the ceiling a possible, whilst insulating them as best I could for maximum upwards noise effect and pump out Public Enemies Rebel Without a Pause over and over and over and over again, failing that Aqua's I'm a Barbie Doll.
  • nubbins wrote: »
    Whilst looking for a new place to rent I would lay my hands on the bassiest speakers I could find (I mean bassiest), find a way to have them pointed upwards as close to the ceiling a possible, whilst insulating them as best I could for maximum upwards noise effect and pump out Public Enemies Rebel Without a Pause over and over and over and over again, failing that Aqua's I'm a Barbie Doll.

    I like your style :)
  • nubbins wrote: »
    Whilst looking for a new place to rent I would lay my hands on the bassiest speakers I could find (I mean bassiest), find a way to have them pointed upwards as close to the ceiling a possible, whilst insulating them as best I could for maximum upwards noise effect and pump out Public Enemies Rebel Without a Pause over and over and over and over again, failing that Aqua's I'm a Barbie Doll.

    At 6am.
    Before going out for the day and forgetting to turn them off...
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