Taking next door landlord to court for lack of noise insulation

Murphybear

elsien said:

You will not get any financial support off anyone for trying to take legal action in this sort of case. 

Citizen's advice are just that, an advice service. They are  not solicitors; often they are volunteers. If you were contemplating legal action you would need deep pockets and a solicitor. 

A lot of people volunteering at CAB are retired professionals.  The CAB I help at has 3 retired solicitors with different areas of expertise.  

elsien

Murphybear said:

elsien said:

You will not get any financial support off anyone for trying to take legal action in this sort of case. 

Citizen's advice are just that, an advice service. They are  not solicitors; often they are volunteers. If you were contemplating legal action you would need deep pockets and a solicitor. 

A lot of people volunteering at CAB are retired professionals.  The CAB I help at has 3 retired solicitors with different areas of expertise.  

That is true. But they’re unlikely to willing or able (indemnity and remit wise) to be supporting the OP through a long and complicated legal case in a formal capacity, which seemed to be what he was looking for. 

lookstraightahead

My daughter is a student and their house made a complaint to the landlord of next door as they were having parties and slamming doors all the time. Nothing was really done about it.
you say it's complicated to move but it sounds like you might get a good asking price if it's in a student area .

wilfred30

lookstraightahead said:

My daughter is a student and their house made a complaint to the landlord of next door as they were having parties and slamming doors all the time. Nothing was really done about it.
you say it's complicated to move but it sounds like you might get a good asking price if it's in a student area .

That's unlikely given that the OP has put in a formal complaint to the Council which they will now have to declare when selling.  

If the area is predominantly student lets, the likely purchaser would be a LL and they, generally, don't pay a 'good price'.

davidmcn

Deleted_User said:

You need to be aware that any official complaints you have made to the council and authorities will need to declared upon selling

As will non-official complaints, and anything which might lead to a dispute...

Norman_Castle

HighContrast said:

The issue as you can imagine with students, coming back at all hours, shouting, slamming of doors etc.

 

Now I complained to the university which made some difference, and also to the council which made some difference, however the council always missed the worst of the shouting, and so seem to think along the line that is it  borderline acceptable anyway. But despite that the issue remains even if they are being "normal"

The problem is the house is one big echo chamber, wooden floors, painted walls, basically sounds just reverberate. I can hear a normal volume conversation. And the neighbours bathroom which adjacent my bedroom, I can hear the conversation more clearly than I would if someone was talking to me the upstairs landing with my door closed. I have been woken at various times by someone having a drunken mobile phone chat.

 I asked the students, they can't really hear us because we have carpets, thick curtains, wallpaper etc.

The students can't hear you because you're not noisy. The problem is that the "normal" definition of voices and doors closing doesn't account for the massive variation in how much noise these activities can make so as there are no measurable limits you can't prove the noise is excessive. Its unfair and a failing of noise assessment but its what victims of clueless, thoughtless neighbours have to accept. Its unlikely the building is the problem, the occupants behaviour will be the cause.

Stenwold

Norman_Castle said:

HighContrast said:

The issue as you can imagine with students, coming back at all hours, shouting, slamming of doors etc.

 

Now I complained to the university which made some difference, and also to the council which made some difference, however the council always missed the worst of the shouting, and so seem to think along the line that is it  borderline acceptable anyway. But despite that the issue remains even if they are being "normal"

The problem is the house is one big echo chamber, wooden floors, painted walls, basically sounds just reverberate. I can hear a normal volume conversation. And the neighbours bathroom which adjacent my bedroom, I can hear the conversation more clearly than I would if someone was talking to me the upstairs landing with my door closed. I have been woken at various times by someone having a drunken mobile phone chat.

 I asked the students, they can't really hear us because we have carpets, thick curtains, wallpaper etc.

The students can't hear you because you're not noisy. The problem is that the "normal" definition of voices and doors closing doesn't account for the massive variation in how much noise these activities can make so as there are no measurable limits you can't prove the noise is excessive. Its unfair and a failing of noise assessment but its what victims of clueless, thoughtless neighbours have to accept. Its unlikely the building is the problem, the occupants behaviour will be the cause.

Having a 'normal volume conversation' isn't a behavioral issue, surely? 

[Deleted User]

Horrible situation to be in OP. When I was a (very quiet) student, I suffered from noisy neighbours whose dogs were howling through the night. The eventual conclusion I came to was that moving was the only option that didn't result in me increasing my stress and distress. I'm afraid it sounds like it may be the best option for you too, unless it is likely they may move out soon (but then, may be replaced by equally noisy neighbours). 

Unfortunately, there are many people who are rude, inconsiderate or just downright thoughtful as to how their actions impact others. Some of us tiptoe through life, conscious of not disturbing others, while other people seem hell bent on being as loud and inconsiderate as possible. You have my sympathy. However, I would save your legal fees and wait until you are able to realistically move in order to solve the problem. Best of luck!

Norman_Castle

Stenwold said:

Norman_Castle said:

HighContrast said:

The issue as you can imagine with students, coming back at all hours, shouting, slamming of doors etc.

 

Now I complained to the university which made some difference, and also to the council which made some difference, however the council always missed the worst of the shouting, and so seem to think along the line that is it  borderline acceptable anyway. But despite that the issue remains even if they are being "normal"

The problem is the house is one big echo chamber, wooden floors, painted walls, basically sounds just reverberate. I can hear a normal volume conversation. And the neighbours bathroom which adjacent my bedroom, I can hear the conversation more clearly than I would if someone was talking to me the upstairs landing with my door closed. I have been woken at various times by someone having a drunken mobile phone chat.

 I asked the students, they can't really hear us because we have carpets, thick curtains, wallpaper etc.

The students can't hear you because you're not noisy. The problem is that the "normal" definition of voices and doors closing doesn't account for the massive variation in how much noise these activities can make so as there are no measurable limits you can't prove the noise is excessive. Its unfair and a failing of noise assessment but its what victims of clueless, thoughtless neighbours have to accept. Its unlikely the building is the problem, the occupants behaviour will be the cause.

Having a 'normal volume conversation' isn't a behavioral issue, surely? 

Define normal volume. I've got a neighbour with a stupidly loud voice, most people describe his normal conversation voice as shouting. The problem is compounded by an insistence in shouting even louder while using a phone and using the speaker phone function which often results in "what, say it again" repeatedly throughout calls. He's also difficult to understand and adds, "D'yer get me" to the end of every sentence extending the length of the calls. Add to that he often calls Jamaica in the evening on Jamaican time which is 5 hours behind UK time so 7-12 in Jamaica is 12-5am in the UK.

While he is "just" making a phone call everyone around him is being disturbed by it. Most would consider it a noise nuisance but official bodies dismiss it as normal noise.

[Deleted User]

davidmcn said:

Deleted_User said:

You need to be aware that any official complaints you have made to the council and authorities will need to declared upon selling

As will non-official complaints, and anything which might lead to a dispute...

Define non-official. 

Very difficult to prove that an 'off the record' conversation with the neighbours about noise levels even took place.