Noisy Neighbour - Not sure what to do next

Jimmy_Boy

I know its a 'may' and agree with the rest of your comments.

I suppose what I want to know is the legal aspect. For example my tenancy agreement stipulates that I must have carpet fitted, I must not make noise between 11pm and 7am, and no pets.

Yet my neighbours have no carpet, have 2 dogs and 5 cats, and regularly make noise that disturbs me between 7pm - 11am. They rent (paid for - they are on benefits) from the same council as I do, so why are the terms mentioned above that are in place for me, not being enforced on them, I assume they must have the same tenancy conditions ?

I am also questioning the validity of their noise recordings, and would like to know more about the specifics of what is deemed to be a disturbance / nuisance? As I have tried to show, thud / boom sounds which are my main complaint are not recorded. If I record a long sequence of thud sounds by banging a wall then they are not recorded by The Noise App, therefore I submit this 'evidence' to them, they then listen to it and dont hear anything!

Also the method of recording - you have to press a button to record the sound. Due to the nature of the sounds, they are sporadic and random - this means capturing the sounds is difficult - but as mentioned above, it doesnt accurately record the sounds anyway.

For example here is some sound I just recorded from upstairs now using my own SPL meter App (Decibel X). You can clearly see the noises that I am talking about. However, playback this recording in The Noise App and your hear absolutely nothing. It's not to do with a faulty device not recording the sound, its the fact The Noise App is recording a waveform and not the SPL levels.


I would hope with the above things mentioned, I could make some legal argument that a) the council are not enforcing the terms of the agreement on my neighbour, b) the method used by the council for recording these noises is not fit for purpose, c) are they subjectively determining a nuisance or are they going by a specified set of parameters, and if so, what are these.

Sorry for long reply.

Jimmy_Boy

ashe wrote: »

have you considered an external microphone to record the sound properly? attach it to the ceiling.

Yes I have. But my understanding is that you cant just submit your own evidence to take action, you have to use council approved equipment / software. Maybe im wrong. If I could submit my own evidence using an SPL meter then I would be more than happy to do so, but I dont know if they would allow it - something for me to ask.

Pixie5740

Jimmy_Boy wrote: »

For example my tenancy agreement stipulates that I must have carpet fitted, I must not make noise between 11pm and 7am, and no pets.

Are those clauses from your tenancy agreement from when you too were a social tenant or are they clauses from your leasehold agreement with the freeholder from when you exercised your right to buy?

Jimmy_Boy

Pixie5740 wrote: »

Are those clauses from your tenancy agreement from when you too were a social tenant or are they clauses from your leasehold agreement with the freeholder from when you exercised your right to buy?

They are the clauses from my leasehold agreement with the freeholder from when i exercised my right to buy.

melanzana

It must be dreadful situation if this noise is driving you mad. It may just be you and you may be quite sensitive to any noise, whereas it wouldn't bother others.

I think it is very bad form that the neighbours would not accept your offer of carpets and underlay. Nor would they use the rugs supplied either. They sound a bit odd to me, but then there are lots of people who only seem to care about themselves.

May have already been asked but are they not obliged by the lease to have soft coverings on their floors? And if so, are there any consequences if they don't?

In the meantime, and I know you said ear plugs do not work well for you, but I can tell you these work for me sleeping beside an earthquake of a snorer, who now has use a cPap machine. You may have tried them already, but if not, what have you got to lose in the meantime?

http://www.boots.ie/bioears-soft-silicone-earplugs-with-activ-aloe-3-pairs-10064078

Jimmy_Boy

I tried these:
https://www.amazon.co.uk/gp/product/B000067NMJ/ref=oh_aui_detailpage_o05_s00?ie=UTF8&psc=1

They didnt work for me, these may be better and could work possibly.

It kind of ignores the other issue, the fact that it is hard to be at home and relaxed, and also concentrate. I like to do software development at home, which for me, requires a quiet environment to work in. I havent done this for a long time now, as I just cannot sit down, concentrate and get in the 'zone'.

Jimmy_Boy

melanzana wrote: »

It must be dreadful situation if this noise is driving you mad. It may just be you and you may be quite sensitive to any noise, whereas it wouldn't bother others.

I think there is no question that after putting up with this for over 3 years, I am most definately more sensitive to the noise than others. I would like to add though, that I have lived here for 20 years with 5 different upstairs neighbours, not once I have made a complaint, because I have had no issues with any of the other tenants.

These tenants are your typical 'cant be bothered' type. They have never worked in the entire time they have lived here. I believe they may be on 'Disability Allowance' due to them being ex-drug addicts, I believe they were moved here to rehabilitate. I know they dabble in drugs, and I also have my suspicions that they do some dealing too. The guy once asked me if I can get hold of any speed, as 'his missus cant get enough of it'.

They have an alternating sleep pattern. He is up in the day, making noise while she sleeps. She is then up throughout the night (possibly on speed), moving around making a racket.

Ive always said that I could probably handle it if the noise stopped at a certain time and I was guaranteed some quiet time, but the noise is sporadic 24/7.

I also need to be a little careful how 'heavy' I get with my actions, as ultimately I am at there mercy. If I really peed them off, they could deliberately be obnoxious and make things even worse.

fay66

Why dont you just put in for an exchange

Jimmy_Boy

Penitent wrote: »

Can you still do that once you've bought it?

Not that im aware.

Im thinking I have 3 options.

1) Pursue the legal side - ie. Why can they not be made to have carpet (this would solve 90% of the problem i believe), and questioning the validity of the recorded sound material with regard to impact noise.

2) Soundproof internally, regardless of whether I get permission to do so or not

3) Remortgage for a Buy To Let mortgage to allow me to rent it out.

I think thats the order that I shall do things. While I tackle stage one, it will give me time to save for stage 2.

I have put off sound proofing internally as I have read (and it makes sense) that the best approach to the issues it to tackle the problem at the source, ie fitting carpet upstairs. Im going to be pretty gutted if I spend around £2,000 on sound proofing and it doesn't resolve the issue.

I did speak to someone who said it you get no luck with the council, then you should try speaking to a councillor and/or MP about the problem, they could give the council a kick up the backside?

Thanks for all the advice so far.

Norman_Castle

I would do as above. A formal complaint asking about floor covering and the rules and the councils failure to enforce or take any action. If that fails take the outcome to your local councillor.

Do you speak to the tenants? Did they explain why they rejected free carpets? If they have bare floorboards the noise will be terrible. I think if the council wont push them to do anything working with the tenants may be an unwelcome option.