Tenant complaint re:a disabled persons behaviour

marc3

We have a good tenant with a child who has some learning diffculties-can't be specific, but i believe she is circa 16 with possible mental age of circa 10.
Been tenant for 6 years-never any problem to us (or neighbours ) and lovwely people.

A new tenant via a different landlord has recently moved in to the apartment below.
that tenant is now complaining about the behaviour of our tenants daughter-allegedly noisy,does not respect (understand) privacy .

The complaining tenant is not my tenant ,and i have only had a couple of conversations-suffice to say she is not the most likeable person in the world perhaps.

that given-as she has complained via her landlord, i do have to take the complaint seriously.
i have softly mentioned it to my tenant about 3 weeks ago , but it has re-surfaced.

The previous tenant downstairs never had any problems with my tenant/her daughter in 6 years.
again-some may say that the new tenant downstairs is not the easiest person in the world.

Equaly, i enjoy a good relationship with that new tenants landlord-but apreciate he has to pass the complaint on.

As above, i have mentioned it to my tenant once, (and i have a gut feel that the complaining tenant has a hidden agenda ),and having already mentioned it-i don't know what to do next.
( i think the complaints are vastly exagerratedand un justified-but again-i cannot ignore them-but do not know what to do next.

I am also very very conscious of getting involved in some sort of discrimination against the disabled -mental or physical -.

I would appreciate any thoughts /advice as to how to handle this.
i am not adverse to getting involved in tenant issues-but this is to my mind a very sensitive matter.

Ideally want another independent party to take a view.

sometimes you would involve enviromental health at local council-(As its anoise issue perhaps it is them )but not sure if this is an enviromental health matter-or whether there is another dept in a council which would handle this matter and act neutrally-any thoughts on that ?.

again- i am wary of falling foul of discrimination legislation ,and as above-never had a previous problem on this matter.

all views /opinions on what to do next very warmly appreciated.
thaNK YOU

elsien

Where does the privacy come in - what are they meant to be doing that is impacting on the neighbour? I'm finding it hard to see how someone in an upstairs flat can do this?
And what sort of noise at what times, how often, and for how long?
It's so vague at the moment as to be impossible to quantify in any meaningful way.
Has the new neighbour lived in a downstairs flat before and do they have realistic expectations as to what noise may or may not carry? Have they discussed it with your tenant, or have they gone straight for the complaint route?

There seems to be an assumption from all concerned that there must be something in it. What if it is just normal noise from a family with a teenager?

G_M

Firstly, you are not responsible for your tenant's behaviour. So even if your tenant (or tenant's daughter) IS in some way causing a nuisance, it is not for you to resolve.

Secondly, you are not a judge. So it is not for you to determine if a nuisance is or is not being caused.

Neighbour disputes are not uncommon, and can be very unpleasant. But getting involved in them as a 3rd party is generally unwise.

Having said that, assuming this is a block of flats, you may have an obligation as leaseholder not to cause a nuisance from your flat. However, complaints (or enforcement of such a breach of your lease) should come from the freeholder, not a tenant of another flat, or even another leaseholder.

(sorry - i'm kind of thinking through my keyboard here.....)

How clear an idea do you have of the real situation? When you spoke to your tenant, what response did you get? From your knowledge of the daughter, how likely is it that a nuisance might genuinely be being created?

What about when you spoke to the other landlord (since you have a good relationship)? What does he know of the new tenant? How genuine does he feel the complaint is?

What exactly is the nuisance complained of? Noise? How often? What level? at what time(s) of day?

Environmental Health at the council have processes for measurin noise where there are serious complaints, which can result in the complaint being dismissed, or in arbitration. But it's not for you to suggest this or set it up.....

pmlindyloo

I agree that it is difficult to comment without knowing exactly what the neighbour is complaining about.

In our area we have a mediation service for disputes with neighbours. You could google to find out if there is one in your area.

This can work well to have someone who can get the people involved together and talk through the situation.

glasgowdan

I think throwing the word 'disabled' in there is a bit of an irrelevant curve ball.

I think the person downstairs is just complaining about noise. Though you've not told us what noise so we've no idea. Has the flat got wooden floors?

I concur regards NOT getting involved.

davidmcn

It's (at least in the first instance) a dispute between neighbouring occupiers, and for them to resolve between themselves. Until someone comes up with relevant arguments, I don't see why the landlords should be getting involved.

agrinnall

One issue for the LLs is that if a formal complaint is made then if either of them come to sell their property they'll need to include that on the PIF.

AdrianC

glasgowdan wrote: »

I think throwing the word 'disabled' in there is a bit of an irrelevant curve ball.

I'm not entirely sure it is. It has a direct relevance on how realistically preventable the noise (which may or may not be a nuisance) is.

davidmcn

agrinnall wrote: »

One issue for the LLs is that if a formal complaint is made then if either of them come to sell their property they'll need to include that on the PIF.

Looks like they've already reached that stage. Anyway, not really an issue for the OP assuming they don't sell with their current tenant in situ.

bod1467

marc3 wrote: »

We have a good tenant with a child who has some learning diffculties-can't be specific, but i believe she is circa 16 with possible mental age of circa 10.

I can somewhat visualise what you're not specifically saying. We know a girl who lives along the street who would fit a similar description. "Dainty steps" would not be the impression you'd get seeing her walk.

I'm guessing the neighbour is complaining about noise, most likely heavy footsteps and thumps from when the girl stumbles/falls. I'm not sure there's anything really that could be done to address this, short of fitting the flat with very think carpets and/or thicker underlay. (The only other solution - termination of tenancy - is not acceptable, and is not something you'd even consider).

Norman_Castle

I've lived in flats for decades and have little tolerance left for noisy neighbors but I accept some noises are unavoidable. One immediate neighbor has possible mental health problems and at times has raging arguments with himself overnight. Its not much fun to hear but I doubt he enjoys it and would prefer it not to happen. A neighboring property is a care home for disabled people. At times there are very odd, loud noises from there. I view both of these as unavoidable and therefore acceptable. Other neighbor noise such as banging doors and loud music is clearly avoidable and therefore, to me, unacceptable.
Is the complaining neighbor aware of the disability? Its possible she is unreasonably selfish although its also possible this child is not suited to living in a flat but thats not your decision to make.

You haven't said what the noises are but as a landlord you could try physically silencing the flat where possible. Foam draft excluder on noisy door can help or suggesting rugs on laminate floors. Beyond this its not really your responsibility.