Update on noisy neighbours issue

littlemissbliss

Murphybear said:

Hi

Im sorry to hear about your problems, noisy neighbours can be evil.

I’m hoping the following may help.  

This is from the Local Government Ombudsman site and this article is specifically about council staff who have done what yours have done and just said they can’t help.   I think you will find the last paragraph (in italics) very helpful.  Their website is lgo.org.uk

“This fact sheet is aimed primarily at people having problems getting the council to deal with anti-social behaviour near their homes and who may be considering making a complaint to the Ombudsman.

My neighbours are causing me problems with anti-social behaviour, and the council doesn’t seem to be doing anything about it. Can the Ombudsman help me?

In many cases, yes. Councils have a range of powers to tackle anti-social behaviour, such as vandalism and intimidation, and nuisances, such as noise or pollution. If you report an issue like this to the council, it has a duty to consider your report, and decide whether it justifies further investigation and/or enforcement. 

If you do not believe it has responded properly to your report(s), you should first make a formal complaint to the council. If you remain dissatisfied after that, we may be able to investigate. Our investigation will look at whether the council has properly considered the evidence about the problems you have reported, and whether it has properly considered what its response should be.”

I tried to get an Ombudsman, but they are not registered with one. The CAB was a bit shocked about that but apparently it’s not a legal requirement. 

I have just run out of all options and being forced to put up with it, as it affects my health.

Once I get back into permanent work I will get my ceiling taken out to have soundproofing put in, and any effects of the asbestos will not be my problem. I have already been granted permission to have this done. They have given me no option.

i just have to find a way of coping until then. 

littlemissbliss

RHemmings said:

It sounds to me that the Local Government Ombudsman is the next logical step. 

After having a quick look into things, I believe that if noise issues only need to be disclosed on the TA10 form if it progressed as far as a complaint. If that's correct, then it may be that the previous owner wasn't bound to disclose when they sold, but the OP will be as they have officially complained. It may be the case that it's necessary to disclose if there has been an argument over the noise. But, that's much harder to define what is or isn't noise, or what is an argument and what isn't. But, an official complaint seems to count. Is it possible to find out if the previous owner made any complaints? The landlord of the problematic flat might be someone to ask. 

That is very true, I did speak to my solicitor about that and I don’t have to be as transparent as you might think. However, if I sold it I would have to sell it to a landlord. I couldn’t put anyone else through this.

its a shame because its beautiful flat, and its just demonstrating that once bad tenants start moving in its taking away owned properties. Me and the couple next door are the only owners of our flats in this lovely residential area now. It was a granny estate 🏡 

The landlord isn’t registered with an Ombudsman. Just a terrible landlord and housing association. 

Newbie_John

70dB is apparently:
Living room music (76 dB); radio or TV-audio, vacuum cleaner (70 dB).

I grew up in block of flats and it was day as usual.
Sound is very subjective, some can fall asleep with TV on, some need perfect silence.

I don't really think you can do much here, it's just not the right place for you - and getting rid of your neighbours won't change anything, you may get even worse neighbours later - arguing, loud music, partying, smoking.. who knows.

littlemissbliss

Newbie_John said:

70dB is apparently:
Living room music (76 dB); radio or TV-audio, vacuum cleaner (70 dB).

I grew up in block of flats and it was day as usual.
Sound is very subjective, some can fall asleep with TV on, some need perfect silence.

I don't really think you can do much here, it's just not the right place for you - and getting rid of your neighbours won't change anything, you may get even worse neighbours later - arguing, loud music, partying, smoking.. who knows.

70 bds through impact above your head is not quite the same as airborne sound. Also they are in the flat above. Could you live with a vacuum cleaner turn on in the same room all day? The volume is the same despite them being upstairs. I’d argue and say it’s not suitable for a family. If you are going to have kids in an upper flat - at least put carpet in. 

I’d love to move but I can’t right now. It’s much harder to move once you have bought the place, and while it’s subjective…if someone is saying it’s effecting them then there is nothing subjective about it. But you are correct in that if they go, another problem will replace it (not that it could get any worse). That’s why it should be soundproofed. 

I am the second owner to be affected by the noise. So it’s clearly an issue. 

RHemmings

littlemissbliss said:

70 bds through impact above your head is not quite the same as airborne sound. Also they are in the flat above. Could you live with a vacuum cleaner turn on in the same room all day? The volume is the same despite them being upstairs. I’d argue and say it’s not suitable for a family. If you are going to have kids in an upper flat - at least put carpet in. 

 

This is what I was thinking. I wouldn't want to be in a situation where neighbours' noise is as loud as a vacuum cleaner inside my house. 

littlemissbliss

RHemmings said:

littlemissbliss said:

70 bds through impact above your head is not quite the same as airborne sound. Also they are in the flat above. Could you live with a vacuum cleaner turn on in the same room all day? The volume is the same despite them being upstairs. I’d argue and say it’s not suitable for a family. If you are going to have kids in an upper flat - at least put carpet in. 

 

This is what I was thinking. I wouldn't want to be in a situation where neighbours' noise is as loud as a vacuum cleaner inside my house. 

Glad it’s not just me! Sometimes I feel people don’t quite understand what it’s like. Which is fine but at least try and understand. For me if you can put the tv up to 100% and still hear them - they are too loud.

I feel like I am getting red eyes and going insane 😂

anselld

littlemissbliss said:

anselld said:

The Landlord is probably going to be fruitless.  As said above it is the Council who hold the enforcement powers.  The Landlord might have the nuclear option of a section 21 (for the time being at least) but is unlikely to want to evict an otherwise good tenant.

When you say the council hold enforcement powers, what do you mean? As they told me they can only issue fines and penalties. 

The landlord won’t do anything. My mum
is a private landlord and wouldn’t dream on behaving like that. 

https://england.shelter.org.uk/professional_resources/legal/housing_conditions/nuisance_and_asb/local_authority_duties_to_deal_with_noise

Interested to know what you think your Mum could do in the same circumstance.  She might be more sympathetic but the reality is she has no power.. sympathy can’t fix the problem. 

mrbg07546

Is it possible to look at previous disputes to understand if council had any complaints from ex owner? And if it’s not put on PiQ you could sue…