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Noisy neighbours and management transfer

AnnikaBengzon
AnnikaBengzon Posts: 27 Forumite
edited 9 October 2018 at 12:16PM in House buying, renting & selling
I wonder if it is possible for the council tenant to get the transfer to another property on the grounds of noise from neighbours. My council has already told me that the reason for a management transfer has to be "more" serious.
I live in a council tower block with a little hope to have find the home swap due to the popularity of a tower blocks plummeting further down after Grenfell tragedy.
The sound insulation is not great but the situation is worsen by the inconsiderate neighbours who insist on their right to make the noise and do it at all hours. My nights are broken from persistent stomping, banging, dropping heavy items on the floor and sounds of sexual activity. They are noisier at night then day time. The sleep deprivation and anxiety of constant expectation of the noise are dominating my every day. I suffer from severe migraines and was told that this will never improve if I don't sleep. Council is satisfied with the fact that the neighbours have a very thin rug covering the bedroom and suggested the mediation. The council tenancy agreement states the following: "You must put down a suitable floor covering, with adequate underlay or insulation underneath it, to make sure that any noise, including normal day-today noise, could not and does not cause a nuisance to your neighbours". However council has decided not to enforce their own legal agreement (nor surprise there) and will not be forcing the neighbours to put down the carpet with a proper underlay.
I would love to hear the success stories from people who manged to get the transfer in similar situation and any advice on the matter would be very much appreciated.

Comments

  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Council is satisfied with the fact that the neighbours have a very thin rug covering the bedroom and suggested the mediation. The council tenancy agreement states the following: "You must put down a suitable floor covering, with adequate underlay or insulation underneath it, to make sure that any noise, including normal day-today noise, could not and does not cause a nuisance to your neighbours". However council has decided not to enforce their own legal agreement (nor surprise there) and will not be forcing the neighbours to put down the carpet with a proper underlay.
    Have you tried mediation? If not then try it and unless the neigbours are very agreeable about resolving the situation use the meeting to push for reasons why the tenant and council are not resolving the lack of floor covering. Relentlessly guide the meeting to focus on that as that is likely to be the major problem. What other solution is there, pretending you cannot hear them, going deaf, sleeping when they go out? As both the tenants and council are likely to avoid agreeing to change use that to push for an exchange as at some point in the past it has been agreed the floor needs carpet and underlay to make your home habitable.


    Many social landlords quickly dismiss noise as "normal" mainly because they don't have to live with it. Dismissing this as normal noise is easier than enforcing the tenancy agreement so that’s the option they take.


    Keep pushing for a transfer. I've had sleep deprivation from persistent noisy neighbours and found taking control of what I hear helps. With loud radio 4 and earplugs I cannot distinguish between the radio and neighbour so their noise becomes unnoticed.

    It also annoys them but they've learnt that I don't switch the radio on if I'm asleep.


    Good luck with the exchange
  • Depending on where you live, it could be extremely difficult to get Management Transfer. As you have already been advised, these are reserved for the most serious of reasons such as violence in the home or the home not being safe. That said, it's not an option you should completely rule out and I'd start by making extensive noise nuisance diaries and following it up with the Council. Take the mediation. Advise that you'd like to move due to this (as a last resort, ideally you just want the noise to stop. There is no guarantee that a move will mean you get the peace you crave), but accept you'll be offered another flat in a tower block. Keep on at the Council, but in a friendly way.

    Failing that you might to consider ear plugs, white noise or even moving out completely and renting in the private sector.
  • Have you tried mediation?
    I am waiting for mediation to happen as we both agreed to it and I know that this is one the "stages" one needs to go through in the complaint process.
    Keep pushing for a transfer.
    This is exactly what I am looking for - the best ways of successful "pushing".
  • This is exactly what I am looking for - the best ways of successful "pushing".

    You'll be super successful if you are in serious danger within your own home OR your home is uninhabitable. Other than that, all you can do is keep extensive diaries and continue to work with the Council to resolve the issue. Given the significant shortage of homes, it's likely the Council will be looking to resolve the issue rather than move you.

    The only other thing is to make it clear you'd be happy to accept another flat in a tower, perhaps in a less popular area.
  • Given the significant shortage of homes, it's likely the Council will be looking to resolve the issue rather than move you
    This is what I struggle with, shortage of homes is not going to be any shorter if the council moves me into another flat with THE SAME number of bedrooms, just in different location. I am not jumping the queue nor trying to move into bigger property with extra bedroom. Same for the same. When I moved into my current flat it was looking like a homeless squatter. I have refurbished it at my own expense and will be giving it back to the council in amazing conditions.
  • This is what I struggle with, shortage of homes is not going to be any shorter if the council moves me into another flat with THE SAME number of bedrooms, just in different location. I am not jumping the queue nor trying to move into bigger property with extra bedroom. Same for the same. When I moved into my current flat it was looking like a homeless squatter. I have refurbished it at my own expense and will be giving it back to the council in amazing conditions.

    The council don't care how amazing it looks - they'll refurb it and most of your renovations will be removed. However, if they move you out and someone else in, then they'll have the same issue. Sounds like the council need to resolve the issue rather than playing housing chess with tenants.

    Also, although technically you'd be moving like for like, the Council still have to give you priority over someone else on the housing needs register and then there will be delay while your home is refurbished ready for the new tenants. Councils have strict turn around times on voids.

    Finally, by offering you a management transfer just for noise nuisance they'll be setting a dangerous precedent. It's simply not serious enough. Have you actually requested this? What did they say?
  • . Have you actually requested this? What did they say?
    They said "no".
    I do agree with most of your points. Except for councils do not "refurbish" properties. They call it "minimum letting standards". My flat had a concrete floor with cracks and not a single wall without holes, mould and missing plaster in many places. I had to pay for everything what they refused to put right. I mean basics not just the fancy modern fixtures and fittings.
  • I have been in this situation but not in a tower block. Our LA were not able to move us just because of the Anti Social Behaviour ( We had police and AS behaviour team involved) but we were fortunate that we were moved as we could take a smaller property going from 2 bed to 1.


    It took us 41/2 years from signing on for a transfer to finally getting a move. Can you downsize on bedrooms and/or do a mutual exchange
  • I have been in this situation but not in a tower block. Our LA Can you downsize on bedrooms and/or do a mutual exchange
    Can't downsize" as we will be "overcrowded". I am working on home swap but every one there looking for the property with the garden mostly!
  • This is the place you want to saddle your daughter with under RTB? :eek::eek:
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