Night Hours Noise

Starbright2

Hello,

Is there legally any reason why a housing association won't apply that law to tenants?. The ones causing the noise are not mentally ill they are older & physically ill & both of them are deaf.

The housing association has so far not applied that law & don't seem as if they are. So this has left me wondering why?

Thanks 

anselld

Starbright2 said:

Hello,

Is there legally any reason why a housing association won't apply that law to tenants?. The ones causing the noise are not mentally ill they are older & physically ill & both of them are deaf.

The housing association has so far not applied that law & don't seem as if they are. So this has left me wondering why?

Thanks 

Possibly that they do not have any enforcement powers.  Enforcement powers against noise nuisance lie with the Local Council.

Starbright2

@anselld Thanks 

They have spoken to the council but nothing is being done I know if the tenants are mentally ill that could be a reason why they don't use the law but these people aren't so wondered if there would be any other reasons why it's not being used. 

The housing association won't tell me anything due to the other tenants'privacy. 

anselld

Starbright2 said:

@anselld Thanks 

They have spoken to the council but nothing is being done I know if the tenants are mentally ill that could be a reason why they don't use the law but these people aren't so wondered if there would be any other reasons why it's not being used. 

The housing association won't tell me anything due to the other tenants'privacy. 

... so you complain directly to the Council.  Some Councils are better than others but it does tend to be a slow process.  You will need to keep pestering them.

swingaloo

What type of noise are you talking about? Could it be that because they are deaf they are having the tv/listening to music too loud. Have you spoken to them? Do the realise they are disturbing you? Older people who are also poorly are not usually the types who cause a noise issue through thoughtlessness.

Starbright2

@anselld

I have spoken to the council myself too, they listened but nothing has been done. When I ask them what's being done they either don't reply to my emails or say we can't say what's happening due to the tenants privacy. 

I have a white noise machine on 65db's 45db earplugs & nothing is stopping them from waking me up. At least I don't wake up when the dustbins get emptied early in the mornings now!. I've searched the internet but can't see anything else that would shut the noise out, I've tried every type of earplugs made. 

I have been diagnosed with extreme stress by a mental health practitioner, thankfully extreme stress isn't a mental health illness it's what happens to people who are pushed past what anyone can tolerate due solely to my living environment I.E the noise 

@swingaloo

It's not intentional they are cracking the internal doors off the door frames because they can't hear how loud they are being, the doors actually crack the door frame then rebound off & hit the door frame again. (not sure why they can't see that it's too hard to shut a door but thankfully I'm not deaf so don't understand) 

They do it 2-4 times a night every night 

ExEstateAgent

Have you communicated with them and asked them not to slam the doors? Could you offer to fit soft closers for them, or even some of that self adhesive draft excluder stuff on the door shut which will dampen the noise? 

Starbright2

I have spoken to them myself and they say they don't do it so don't need anything done to their doors, that's when I went to the housing association then the council. It's because they can't hear how loud they are. As far as I understand it the council would buy & put them on for free if they accepted them. I don't actually know which type they would fit though. 

I don't understand why the HA & council aren't doing anything after the diagnosis & why they aren't using the night time law 

Brie

There may be some reluctance to take action in case there are accusations of discrimination.  They are elderly, possibly very hard of hearing - so that ticks 2 boxes for potential discrimination.  

And if they are very elderly perhaps the HA is hoping that the situation will resolve itself in the natural way and the problem will, essentially, go away.

Starbright2

@Brie thank you, that makes sense. 

One of them is profoundly deaf & the other one is deaf, they both clobber the doors the same. The woman has breathing problems she is a heavy smoker & the man in the past has had a heart attack though before my time so don't know how long ago that was. 

They are both very active they are out and about walking & driving every day, it's hard to tell their age's late 60's perhaps early 70's not sure. 

But that could be two reasons why. It's extremely difficult when your health is being clobbered so much & your sleep deprived to see why no one can just fix them to the doors but obviously life's not that simple. 

Thanks for all your replies. 

elsien

You don’t know that  council or HA aren’t doing anything, because if they are, they can’t share the information with you. 

There may be work going on behind the scenes that you don’t know about.

What do you think  the “night time ” law that you are referring to says and what action do you think should be taken - eviction? The only thing I’m aware of is the guidance for workmen not to work between certain hours. Otherwise it’s noise nuisance, antisocial behaviour and any nuisance clauses in the tenancy. 

Im not sure it is their deafness that is the issue because for doors to bounce like that they’d have to be slamming them and no one slams the door shut just because they can’t hear. You’ve got to give it bit of welly for it to bounce in the way you describe. Door closers wouldn’t last if that is what they are doing, and they would probably be fetching all the plaster off as well.
All you can do is keep logging it and keep complaining.