Solicitor recommendations for neighbour complaint

trex227

Right so I can get this straight, this is the timeline?

- your neighbour made complaint about you to HA
- HA looked into it and found in your favour
- you went to mediation and agreed some things which don’t seem to have resolved the issue
- neighbour is now making further complaints to the HA

Have you had correspondence from the HA asking you to respond to the complaints? 

blurmoth69

sheramber said:

While you say you took action when a complaint was made you seem to expect your neighbour to repeatedly  put a letter in your door  every time  the same problem arises.

We don't know the complaints at this time, but playing an instrument was brought up previously.

Now lets assume that was a problem again, and your child was studying pre-paid classes upfront and the teacher can video stream, maybe you even know the teacher and they could really appreciate the revenue so you are adding extra lessons.

In lockdown or not, the mediators had shocked look on their faces when the neighbours shot down the mediators suggestions that there could be a solution that would satisfy them. I do not want to judge, but assuming mediators represent common and unbiased opinion, this seemed to be unreasonable for a complaint.

That said, 50 complaints against 1 note (it could be a phonecall or knock or wall, polite word over fecne - whatever, we are in lockdown and it the neighbours preferred method of agreed communication), does seem at odds with the written agreement to communicate. Maybe 1 attempt at communication days latter (with immediate resolution) might be understood by some as reason to then give up from then on for 50 other noises they didn't approve of. Maybe some people don't like hearing a dark bark when postman arrives and log it each time for 2 months, but the mediators and some other people I would imagine would expect communication from a neighbour prior to receiving written complaint. This is what has been happening, that is all. This is a subject of communication (agreed by the way as the neighbour's preferred method, not ours), without which how would anybody know if they need to adjust anything about their day to day activies, without it being communicated to them.

What do you suggest as alternative? especially given that this was agreed by all parties, on the neighbours chosen method. If they did want to have our kettle be quiter, you expect us to guess that and adjust it, without them telling us first? To rather reasonably write letters each time to the housing association, council or police? We might have some noise differences, but we do not know what the complaints were this time (could be kettle, could be doors closed becasue of the windy day, could be I shouted at fox to stop attacking a neighbours cat, maybe a programme on TV is broadcast louder than the shceduled programme before it and I didn't notice).

blurmoth69

trex227 said:

Right so I can get this straight, this is the timeline?

- your neighbour made complaint about you to HA
- HA looked into it and found in your favour
- you went to mediation and agreed some things which don’t seem to have resolved the issue
- neighbour is now making further complaints to the HA

Have you had correspondence from the HA asking you to respond to the complaints? 

Timeline is this from start:

• we moved in (we had assigned parking spaces, but no visible sign).
• partner of neighbour moves in (I introduce them and wlecome them to the neighbour hood and offer any help to them and their elderly mother, as a friendly gesture)
  
• many friends helped us move in over a period (no idea who parked or where, nor did they know the parking situation).
  
• neighbour made complaint to HA that friend(s) parked in their space (neighbour also parks in other spaces, friends probably were not aware of this).
• HA called us, assumed we knew to move cars (neighbour did not inform us).
• We notified HA we had water logging in our garden (and neighbours). Inspectors ignored it.
  
• We paid landscapers to fix water logging, in accordance with HA terms (no HA permission was required in accordance with HA terms).
  
• HA wrote to us that neighbour complained our garden damaged theirs, causing water logging. This was notice to complete works. They also sent us copy of terms, suggesting changes needed prior consent (in contrast to the technical work carried out not meeting the criteria of their terms to do so - we did all check with concil and within regulation etc).
• This is when I first become aware that neighbour has another partner living with them now.
  
• We provided details to HA of landscpaing work and check with council etc, and cited their own terms that permissions was not required.
• HA inspected neigbour garden and told us neighbour told them their water logging happened after landscapers fixed water logging in our garden that HA would not fix.
• HA inform us that they have noticed other neighbouring gardens in various stage of needing to complete works too.
  
• I provided HA with visual evidence that proved the neighbours dates as a false claim.
• Up to this point, we had had the wettest weather on record. This was part of the evidence we submitted to HA as possible contributer to water logging (to our garden and the neighbour garden).
  
• HA asked us to make some changes to help neighbour garden problems, we did.
• HA sent letter that this was resolved, pending a post adjustment at our side (from some spillage our side of garden - the same spillage another neighbour has into our garden, but we haven't made a cokplaint about that as it is just how the gardens slope).
• Lockdown kicked in and we carried out post adjustment in our garden. We arranged with HA that we logistically were not going to be able to help finish the adjustments in neighbour garden due to lockdown. This was understood and accepted to wait until the end of lockdown.
• HA write to us that neighbour has complaints of noise from us.
• We explain to HA that we have had no idea until the letter.
• Neighbour shouts at my partner in garden for working on phone in outside building, on hot day (so the door or window is open). Kids have been shouting in gardens and people taking advantage of hammering and drilling in their gardens immediately around us (I actually recorded the noise the following days as evidence that typical garden noise in our area can in fact be heard 'over' my partner, who is also in the  records doing the thing the nighbour shouted about and brought up in future mediation - confessing to it, maybe not knowing I had evidence that suggestd that my partner was discimainately singled out).
• Various letters from/to HA, council were made to complain about this, went back and forth.
• On a saturday night at 9pm - 10pm my partner had a zoom stream (it could just as well have been to celebrate an old deaf grandparents birthday celebration) on small £20 PC satelite speakers. Neighbour called police onto us for having a house party. The police acknlowldged that no house party had happened and that with very recent lockdown of such activities, was inappropriate use of police time and very harmful accusation being that my partner is a key worker (such accusations could be very harmful). The police went to the neighbour, we overheard that same conversation of them wasting police time.
• We contact HA and concil of this event.
• HA contact us with suggestion of mediation. We accept and schedule stream.
• Mediation stream happens and I meet new neighbour partner for first time. We agree to resolution via direct communication, neighbour chose to leave notes due to lockdown distancing.
• Following day I safely knock at door, step away at distance and give introduction being that we have to this point not met the new neighbour partner. I explain I might be able to help with their garden problem because we had the same problem, which HA accepted as rsolving our dispute. They did not seem happy and seemingly did not know any of this, so I explained how myself and HA agreed that due to lockdown it was not going to be possible to help finish garden post work I helped with until after lockdown, but if the neighbour wanted to put screws in themselves, I offered them screws to do so. The accepted and agreed that was great and would do it within days as they were finally sroting their garden after the problems settled.
• Several days later, I note comes through our door and I open the door. It is the original neighbour and they explain that earlier in the day, when people were bbing and shoting in gardens enjoying the warm waether again, my partner had music too loud. I appreciate other neighbours were making noise and seemed to have no issue with us, so immedaitely turned it down half (between whispering and talking).
  
• Weekes later, we get letter from HA of 100 complaints of noise.
• Here we are.
  

blurmoth69

• So HA have only wirtten that they are obliged to inform us of the 100 complaints, that if we can reduce, then to do so. It also cited neighbour contacting the police (no date given, but both us and the HA only know of the police being called prior to mediation which was actually logged as a false accusation and waste of police time - not sure why this is in the letter).
  
• The neighbour still hasn't screwed the post, which I now suspect is deliberate for alterior motive.
• My partner has written to HA and council now, clearly angry at the seeming lack to communicate resolutions directly as agreed with mediators.
  

blurmoth69

• Regarding our friends parking, we had many friends over duration week on and off help us move in. We did not know arrived in vehicle, or where they parked. At any point we were unaware of parking outside, until the complaint arrived. In hindsight we could have asked everyone who is whos car, but rememeber they are new homes and evryone was moving in the same time, all neighbours were parking all over the place. This issue has not reoccured since; the power of communication.
  

SameOldRoundabout

Now you’ve written it all down I can see all this has occurred over a short time period. In your shoes I would make some effort to reduce noise (of music, the rest sounds like everyday life and work which at the moment can’t be helped so people must be reasonable) and otherwise ignore them. They sound like trouble. Stop admitting to being noisy, and tell the HA that this neighbour is harassing you via their constant complaining. If you look on these boards you’ll see many examples of mad neighbours causing trouble so you are not alone!

trex227

So in the letter from the HA notifying you of the 100 noise complaints they haven’t actually asked you to do anything other than try to reduce the noise if possible? They’ve not said they’ll be taking action against you or what the next steps would be?

blurmoth69

trex227 said:

So in the letter from the HA notifying you of the 100 noise complaints they haven’t actually asked you to do anything other than try to reduce the noise if possible? They’ve not said they’ll be taking action against you or what the next steps would be?

Correct. And my partner has since conversed with HA and was told that the complaints were just a text log (though they had previously recorded us as per council recommendation, but maybe that was just text log too!?).

trex227

If you’ve not had an official warning letter I really wouldn’t worry. Try and reduce the noise but otherwise ignore the neighbour. 

The HA found in your favour regarding the other complaints your neighbour made. I would imagine the HA would only do anything about noise complaints if the council take action against you, as the council is the body responsible for this.

Might be worth speaking to your local Citizens Advice to put your mind at rest
https://www.citizensadvice.org.uk/housing/problems-where-you-live/if-your-neighbour-is-complaining-about-you/

blurmoth69

QUICK UPDATE

Thanks to everyone that took the time to provide thoughts and experience.

The complaint is still being monitored as per conversation I had on the phone with the Envionmental Department (ED) a few weeks later. All complaints are followed through to completition according to the ED, and we know other neighbours that had to go through similar process of complaints from the same neighbour and we are just waiting now on tis particular complaint.

Some of the feedback here suggested that the neighbour shouldn't have to contact neighbours if they have a dispute. However, not only is this not the case as per our local Council guidelines, the Housing Association (HA) have also confirmed this directly (and through investment of involving third party mediators) and notified us that they have conveyed that the complaing neighbour provided insufficent evidence of contacting not only ourselves, but other neighbours that they have also made complaints against. We are now aware of 4 complaints (including our own and other neighbours) that have won in favour of accused neighbours, 2 of which have been expressed by the Council as being on the grounds of providing false evidence.

We have since been provided with means of more accurately deterining what noise levels are acceptable from the ED, and I must admit there is more headroom than we anticipated. To give you an example, our TV (regardless of media and source) cannot physically make enough noise to be deemed by the ED as too loud (which makes previous evidence against us from the HA contradictory to the ED requirements).

All this said, we have made adjustments to consciously reduce noise and educate others of their legal obligation to be aware of and know their local council guidelines. I can't tell you how many people live in a county where the guidelines stipuldate no radio or speakers in the garden, but were surprised to find out that they are actually breaking regulations by doing so. It has been a real learning curve to see how common it is for people to live unaware they are breaking regulations until they receive a complaint.

I will update again when this complaint is closed.