Neighbour and management threatening fines and eviction

NeilCr

need_an_answer wrote: »

I've seen a clause similar to the one the OP has mentioned in a few leases in the past...I believe I've got it in 2 of my properties however they have clearly been put in to try and abate the anti social noises of music, possibly tv and gaming noises.

I too am a director and have faced a complaint from a fellow leaseholder over the low hum of a fellow neighbours washing machine being used on an economy 7 off peak tariff over night...people have varying attitudes to what is classed as noise disturbance.
but as I said previously I have yet to see any lease that will out a child for simply crying....

Sure

I was referring directly to the child clause. I've seen "more general" noise ones but nothing as specific as that anywhere

Which makes me think there is an underlying reason for it

[Deleted User]

Completely agree, as has already been said, young children do cry and sometimes it can take a while to stop. Personally i think you are doing all you can, you have a thick pile rug, don't walk around in hob nail boots, there's little more you can do.

I personally would wait til the neighbour knocks again, tell her you are sorry she is upset but there is little further you can do. Tell her you have spoken to your LL, and would appreciate it if she stopped harrassing you. If she feels there are problems that something can be done about, she should contact environmental health (knowing full well they will do nothing).

Retired_Mortgage_Adviser

NeilCr wrote: »

I was referring directly to the child clause. I've seen "more general" noise ones but nothing as specific as that anywhere

NeilCr, is this what you are referring to as a "child clause"?

Annastin wrote: »

From a quick look at the AST, this is what it says about noise -

The Tenant will not make any noise that is audible outside the Property from 11pm to 7am daily.

CJRyder

My suggestion is to issue a WOIRA in this situation. A Withdrawal of Implied Rights of Access to your flat. This means that legally they cannot knock on the door. Suggest that you will only receive messages in writing delivered by post. This allows you to build up a harassment paper trail.

Cakeguts

Lets have a go at problem solving. Much of this problem is caused by the wooden flooring so ask your landlord to put down fitted carpet in the whole flat. As long as it has good underlay and it covers the whole floor it shouldn't be all that expensive. In a rented flat you don't get the top quality carpet and with small children you won't want it.



From the response of the landlord you will be able to tell whether they are a good landlord or not. If they spend money on the carpet then you have a good one who cares about his tenants and their neighbours. If not then you are going to be wanting to move at the end of the tenancy anyway.

need_an_answer

To those that think noise is unacceptable when its in general terms of everyday life,I challenge you to being deaf for a week.

The loss of a sense that you rely upon without realising it....

A life without noise isn't all its cracked up to be.

NeilCr

Retired_Mortgage_Adviser wrote: »

NeilCr, is this what you are referring to as a "child clause"?

Yes sorry

Trying to multi task (badly it would seem!)

I've not seen those words before. More general clauses but none so specific. I just think there might be some background to this

Comms69

CJRyder wrote: »

My suggestion is to issue a WOIRA in this situation. A Withdrawal of Implied Rights of Access to your flat. This means that legally they cannot knock on the door. Suggest that you will only receive messages in writing delivered by post. This allows you to build up a harassment paper trail.

Ye there's no basis in law for that. It's a nonsense perpetuated by youtube.

need_an_answer

NeilCr wrote: »

Yes sorry

Trying to multi task (badly it would seem!)

I've not seen those words before. More general clauses but none so specific. I just think there might be some background to this

but the fact that you've never seen anything like a "child clause" before might be because it would be totally unenforceable in any reasonable lease.

Even the wording of this one is slightly adrift ...define outside the property?
Would that be from street level or from the point that a near neighbour has their ear against the door...just saying!

In a communal area of the building or externally..it raises questions the more you wish to delve into a particular clause really

Skiddaw1

deannatrois wrote: »

Completely agree, as has already been said, young children do cry and sometimes it can take a while to stop. Personally i think you are doing all you can, you have a thick pile rug, don't walk around in hob nail boots, there's little more you can do.

I personally would wait til the neighbour knocks again, tell her you are sorry she is upset but there is little further you can do. Tell her you have spoken to your LL, and would appreciate it if she stopped harrassing you. If she feels there are problems that something can be done about, she should contact environmental health (knowing full well they will do nothing).

An extremely sensible response with which I agree wholeheartedly.


OP, I honestly don't think anyone reasonable could expect you to do anything you're not already doing. Personally, from what you say, I'd be glad to have you as a neighbour. I hope things work out.