Neighbour playing the racism card for their noise

chippyal

They have been there a week but didn't know there were in there at first as was away a lot, only found out when a parcel was delivered to them of which the guy claimed he never signed for until I said the person gave a description of him (basically in this area theres not a lot of Asian people and that just happens to be what he is and hes the only one in the street that I know of)

He got agressive with that and claimed he never got it, calling me things like white boy and racist and I was nothing but polite to him (just saying did he get a parcel as they say it was signed for by someone at his)

He slams doors at all hours and yet the property is sound proofed enough that other neighbours or me can play music or watch tv at a reasonable/loud volume and not even hear it in next room, he has guests round a lot meaning doors are slammed for often.

I did accidently open a letter of his the other day as it was addressed to mine and the name was blocked off by the window of the envelope and noticed it was a fine for wrongfully putting down he was getting employment support allowance (I thought it was for me as I just had an disability reassessment last month and not heard outcome and new glasses 2 weeks ago)

I hear him shouting on the stairs and stomping up and down them.

But as I say the walls are thick enough I can't hear noise from anyone else in the building.

I tried politely speaking to him today and before I even had a chance to speak he just shouted racist racist at me, and other neighbours say he has been the same with them, and he plays loud music at all hours keeping the man above him awake who does shift work.

What shall I do?

Concerned75

You should just move away, because you're making a fuss about nothing and he has the right to make noises at certain times, oh and buy some decent earplugs!
Sensible advice? No, I didn't think so which is what I was told by some people off here.
When it’s happening to someone else, it's easy to be dismissive and make pointless comments.
I don't know if you're a council tenant, but if you are, you can tell them about the issue, in the meantime, you can keep a diary of the outright occurrences if they continue.
As you've already mentioned speaking to him without effect, it's probably best not to.
Lastly, if you have a good CA near you, they might be worth a try also.
I hope this advice has some constructive benefit.
Best of luck.��

Detroit

I don't understand the relevance of the part about you opening his letter? Do you mean that since you've done this he's become more hostile?
If so, I assume you've apologised and explained how the mistake occurred?
If he thinks you're opening his mail he may well be annoyed.
Hopefully, you have not discussed what you read in his personal letter with other neighbours?
This would be bound to escalate hostilities if you have and he's found out.

As for him accusing you of being racist, this is not acceptable behaviour if you have done nothing to deserve this.
If this happens again you could tell him firmly that you are not racist and if he persists in making the accusation,you will seek legal advice.
Realistically there's not a lot you can do to stop him, but a legal threat may have some impact.

The noise nuisance should be reported to the council, whether you are social housing tenants or not. You should keep a diary and record the noise through the wall as evidence.

trevormax

Detroit wrote: »

As for him accusing you of being racist, this is not acceptable behaviour if you have done nothing to deserve this.
If this happens again you could tell him firmly that you are not racist and if he persists in making the accusation,you will seek legal advice.
Realistically there's not a lot you can do to stop him, but a legal threat may have some impact.

I'd have to disagree with you here. While the OP might not be able to stop the neighbour from accusing him of being a racist, when the neighbour is shouting it for all to hear, then it becomes an offence.

Following the letter of the law, if the neighbour continues this course of action and if the neighbour shouting "RACIST" at the OP is causing them harassment, alarm or distress, then he may be guilty of a section 4A or section 5 racially aggravated public order offence.

S5 would be much easier to get as there is no need to prove intent, just that someone likely to be caused harassment, alarm or distress was within sight or hearing of the neighbour. The S4A is possible as the neighbour is directing it at the OP and one could argue that it is being done to cause the OP harassment, alarm or distress.

The police may try to say that the communal area does not count because it is part of a dwelling. This is incorrect as the communal area would be considered a private area but is not classed as a dwelling (Rukwira v DPP 1993 Crim L R 882).

Granted, this would be an extreme course of action but you should not rule it out. If this neighbour is doing this after being there for such a short while, he may move on to bigger and worse things in the future such as threats or criminal damage. I would suggest the OP get a video recording of the neighbour kicking off and contact your local bobby.

Alter_ego

chippyal wrote: »

calling me things like white boy

Looks like racism to me.

freeisgood

Yes "white boy" is deemed a racist term. And anyway try it the other way round...doesn't sound so ok does it?

moneyistooshorttomention

So basically he stole your parcel and that is why he started being offensive with whatever "weapon" came to hand.

What did you do about that theft? Have you sent the police round to his place to try and recover your stolen goods? Did you contact the firm and explain their deliverer didnt do his job properly and left the parcel with a neighbour (despite you not telling them that its a "safe place" for you)?

As it just looks to me like he is trying to "throw you off track" for pursuing him about the theft.

(NB: Be very careful to try not to let him provoke you into losing your temper with him - because he probably wants you to make comments he can re-tell back against you. Suitably "twisted"/taken out of context by him first.....).

Detroit

trevormax wrote: »

I'd have to disagree with you here. While the OP might not be able to stop the neighbour from accusing him of being a racist, when the neighbour is shouting it for all to hear, then it becomes an offence.

Following the letter of the law, if the neighbour continues this course of action and if the neighbour shouting "RACIST" at the OP is causing them harassment, alarm or distress, then he may be guilty of a section 4A or section 5 racially aggravated public order offence

S5 would be much easier to get as there is no need to prove intent, just that someone likely to be caused harassment, alarm or distress was within sight or hearing of the neighbour. The S4A is possible as the neighbour is directing it at the OP and one could argue that it is being done to cause the OP harassment, alarm or distress.

The police may try to say that the communal area does not count because it is part of a dwelling. This is incorrect as the communal area would be considered a private area but is not classed as a dwelling (Rukwira v DPP 1993 Crim L R 882).

Granted, this would be an extreme course of action but you should not rule it out. If this neighbour is doing this after being there for such a short while, he may move on to bigger and worse things in the future such as threats or criminal damage. I would suggest the OP get a video recording of the neighbour kicking off and contact your local bobby.

I don't disagree that there are legal avenues that may be open to the OP, particularly, as you say, if the situation escalates. However, this action is unlikely to be without financial vcost, and at this stage, there doesn't appear to be the strongest case for OP to pursue.

Additionally, we have a neighbour dispute where the only Asian person in the community is considered by others to be a problem, which is sensitive.

If for example, the police are called on the basis of what the OP tells us, I think the most likely outcome would be that the neighbour would tell them he does consider the OP to be racist, as ever since he's moved in he has been complained about, accused of theft, had his mail intercepted and discussed by the other non Asian neighbours.
To be clear, Im not suggesting the OP is racist, merely that there can be another perspective on this, and I would expect the police to tread sensitivity.

With neighbour disputes, taking legal action before absolutely necessary is often not the most effective response. Matters tend to escalate to accusation and counter accusation, and in the absence of hard evidence of wrong doing, authorities can't act against either party.

Practically, the OP should avoid any altercation with the neighbour, and also avoid discussing the person negatively with others.
If the neighbour continues to shout at OP, and particularly if racist terms are used against OP, this may be reported to the police.


The issue of noise nuisance can be dealt with by the usual means of a diary, recording etc and reported to the LA.

Wyndham

If they've only been there a week (as said in your first post) then I'd give it some time and see if it settles down. Or has it gone on longer than that?

cbrown372

Wyndham wrote: »

If they've only been there a week (as said in your first post) then I'd give it some time and see if it settles down. Or has it gone on longer than that?

The OP has also been away for two nights during this week, despite knowing that ordered items from Amazon for delivery during his two nights away and opened not just one letter but two letters with differents fines for this Asian gentleman and suspects fraud as two years ago he saw another Asian gentleman entering the property which allegedly has been empty for five years.

Not sure what constitues an Asian name either.

cashbackproblems

i would personally send some heavies around to sort him out