Problem with Neighbours

SmileyMcFly

Hi everyone,

First post on here so be nice :rotfl:

I live on the top floor of a 3 storey flat complex. I do not thump music out and the only noise which I believe I create is from my computer and TV. My downstairs neighbour is a nurse and does night shifts. She has sent me 2 notes and spoken to me once in 2 years. I have done my best to keep the noise down to a minimum but the last note I received she mentioned a night which I know was definitely a bit too noisy I had a friend over and it was a weekend (I do not have any parties and rarely have more than 2 people in the flat at the same time), she also said that she could hear my conversations very clearly (I am definitely not a loud person). I am 19, but that doesn't mean I'm some ASBO thug, though that seems to be the impression people get from me within the flat.
I received a letter from my downstairs neighbour's landlord yesterday, he said that he had received some complaints from his tenant (downstairs neighbour) and that he had contacted the Property Management company because he believes that the noise I create could also be associated with "Personal Property Damage & Communal Property Damage". He also stated that if i continued to carry out this "Anti Social Behaviour" he would get his Solicitor to put an injunction against me. He then said that he had advised his tenant to call the police each and every time there was any noise whatsoever, also if he suffered any loss of earnings due to my "Anti Social Behaviour" he was recover his losses in court. Now I like to believe I'm a quite good neighbour of course whenever you have friends over it gets a little louder than usual, I have switched off all bass enhancers on the TV and Computer. My father owns the flat and I live there, I'm a bit worried about what was said within the letter. The landlord didn't leave me any way on getting back to him, no contact details, no date and not even a signature. It was slipped under my door and not posted. Does anyone know what I should do? I'm going to go speak to her and apologise tonight, I am very sorry I genuinely didn't mean to cause her grief. My Dad wants the Landlords contact details because he believes that the things that have been said in the letter and the way that it was gone about is disgusting.

Just wanted some of your views

Thank you

P.S. Sorry if there are spelling mistakes and grammar mistakes

Broken_hearted

Unfortunatly noise travels down even walking around can seem loud but they are being unreasonable to expect you not walk around and watch tv during the day. I feel they are using your age against you.

lindens

THat seems very unfair, all the LL is doing is taking her word against yours. Probably because of your age. I would let her call the police/council whatever, because they will find it hard to prove you are being noisy if indeed the noises from the flat are usual "living noises"
If she works shifts and has a problem sleeping, why live in flat ?? especially one with people overhead.

Badger_Lady

It sounds like the problem is with sound insulation in the flat rather than your behaviour. There's only so much you can do to "keep it down" in your own home!

I'm sure that they could only act against you if you were doing something extraordinary, like listening to very loud music or having a party up there - but be aware that the neighbour may now be looking for any excuse to record the noise or phone the police... any real dispute could cause your Father difficulty if / when he chooses to sell the flat.

I'm not sure what you can do - it's their move if they want to proceed with action against you, which you could obviously defend, but for now I think you just have to continue to be aware of noise levels.

Incidentally, do you ever hear noises from below? I know noise tends to travel down when you're in flats, but it could indicate how poor the insulation is... and maybe the noise from your home is exacerbated by noises beneath the night nurse's too.

It's very tough on you - no-one wants to feel paranoid and insecure when they're at home :-(

Badger_Lady

Just a thought - have you got carpets at the moment and would some additional rugs etc maybe help a bit???

maninthestreet

Did the letter state dates and times of these alleged 'anti-social behaviour' incidents' and their nature? If not, write back asking for the dates, times and descriptions of these incidents. Point out that without details such as these, his solicitor will not stand a snowball's chance in a furnace of securing an injunction against you. Also mention that if he makes unsubstantiated claims that you are likely to commit acts of criminal damage, you will refer them to your own solicitor for possible legal action to be taken.

mishmash

HI

I would advise you to keep a diary, detailing the events you have mentioned. Who you had in your flat and the times. If there is an attempt to persue civil proceedings then you will be able to reffer to this.

It may be advisable to speak to other neighbours and explain that a complaint has been made and enquire if they have any problems with your conduct. If they have, maybe you are a little noisier than you thought. If not then you may be able to mention this if any proceedings are brought.

Also if the other neighbours do not have any problems I would contact your Local Authority's antisocial behaviour co-ordinator. Some areas have teams to deal with this. Explain you are after some advice, tell them about the lenghths you have gone to not to be a nose nuisance and the letter from the landlord threatening legal action with no return address.

I do not beleive the landlords actions are the appropriate practice and feel this is a threatening approach to take, while the landlord is acting responsably towards his tennant, legal action should not be threatened without advising you to take your own legal advice and giving you an address to respond to.

I would explain all of this to your A.S.B coordinator, they should be able to find out who the landlord is and may be able to give you these details.

Hope that helps.

Mish

DIRTY_CASH

Badger_Lady wrote: »

Just a thought - have you got carpets at the moment and would some additional rugs etc maybe help a bit???

Badger_Lady wrote: »

Just a thought - have you got carpets at the moment and would some additional rugs etc maybe help a bit???

Hi Mcfly, This is tricky. Do you have laminate flooring by any chance? As nice as it looks it is a devil for sound as Badger Lady suggested a few rugs may help especially in the rooms with your tv and passage ways etc.

Try speaking to the lady like you said and reason with her. You understand she is a nurse and she works shifts and you do try to keep the noise down during unsocial hours but she has to understand that you have a right to walk around your flat and have a reasonable amount of low key noise as well. You can't tiptoe around your flat in silence 24 hours a day - nor can you ask people not to visit or play music ocassionally as this may upset. It cuts both ways and she needs to cut you some slack. You cannot feel like you are walking on broken glass in your own home. Ask you LL for copy of the tenancy agreement and take a quick look over it - it will explain your requirements and your rights also.

I agree with the posters above and it does sound like they are using your age against you - would she be so vociferous in her claims if you were a middle aged lady or an older man? Has she spoken to you several times before about noise or incidents? You don't indicate that she has so why is he making a complaint directly to her landlord without havingthe decency first to discuss it with you.

I have been in the same boat having lived in a flat myself and had complaints from two girls complaining they could hear is talking and hear the TV through the ceiling. This is well within social hours i.e 9.00pm at night. OH and myself are not party animals, or deaf or difficult people to deal with. She came up twice ranting about the tenancy agreement and how she was going to take it further if we did not desist. In the end the only way we sorted her out was checking the tenacy agreement and citing the conditions and the fact any noise was well within reasonable volumes - she could take it further with our blessing if she required. She came back again regular as clock work every saturday - turns out she wanted to meditate in silence and we were causing her distress - Pardon us for living.

After 4 weeks of this she came up with her girlfriend who said she was a witness and we again read out the TA and informed them both that we will be registering a complaint oursleves with the landlord on the basis that they were now a nuisance and vexations tenants. No more complaints.

I am not suggesting your neighbour will turn out like this or your scenario but be aware of your rights, be respectful, try to keep on the right side of each other and reason wherever possible. Also inform your landlord of what they have done so far. he / She can throw stones as well.

SmileyMcFly

Thanks for all your replies,

I don't have laminate flooring just carpet and vinyl. Carpet is very thick and sturdy we got that for noise and reduce wear and tear. We found the mystery Land Lord quick search on Land Registry and it came up with a company. I'm going to have a word with her soon as soon as i finished work, wish me luck .

Thanks again to everyone

Smiley :rotfl:

pinkshoes

I would politely write back to this landlord (or phone) asking them if they're sure they have the correct person! Tell them you're confused, as you are a quiet occupant who doesn't have parties, rarely has people round, doesn't have any noisy sound equipment, that all the floors have thick carpets to reduce any noise from walking round, and you certainly would dream of making any noise after midnight and before 7am! Invite landlord to come and look round the flat, and do a "sound test" from the flat below.

Is it a converted block of flats or purpose built? Could the noise be coming from someone else?

You sound like a ideal neighbour to me, and I'm sure this person below would have a nasty shock if they genuinely got a noisy neighbour in the flat above!!

Nicki

DO NOT APOLOGISE TO HER!

Sorry to shout, but if you apologise to her, then this will be used against you as an admission of liability. Just like after a minor bump in the car, you should never apologise to the other party however bad you feel about what is happened, otherwise you will have problems with your insurers.

I agree with the poster who suggested that you ask them to provide dates and times of the incidents in question. Also that you keep a diary for yourself which shows when you have people over, and when you are out. Other times I would expect the noise to be well within normal levels. You are entitled to enjoy your own home in a reasonable way, and should not be made to feel bad about doing so. We had a neighbour once who played the bagpipes, but were able between us to live peacably side by side, as he only practised at sensible times and we accepted that everyone is entitled to their own hobbies even if bagpipe music would not be what we would choose to play on our stereo!

I also loathe anonymous letters, and think that it was a really low trick of her landlord to write to you in this way (if indeed he did). Could she have written this letter herself do you think and not dared put her landlord's details on it in case you contacted him to complain?

It's not actionable by the way if someone writes something defamatory about you to you, only if the letter is sent to someone else. It's also not actionable for her to tell her landlord about problems she is having with you, so don't waste time threatening to take legal action about this.

Personally I would put a note through her door asking for her landlord's details so you can resolve this, then get your dad to speak to the landlord and sort out the issue owner to owner. Your dad won't want to have to declare a dispute on the property when he comes to sell, but nor will the landlord so they should both have an interest in getting this sorted amicably. Best case result would