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  • FIRST POST
    • Jimmy_Boy
    • By Jimmy_Boy 11th Feb 18, 12:16 PM
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    Jimmy_Boy
    Noisy Neighbour - Not sure what to do next
    • #1
    • 11th Feb 18, 12:16 PM
    Noisy Neighbour - Not sure what to do next 11th Feb 18 at 12:16 PM
    Hi,

    This is a long story that has spanned approximately 3+ years now. I have had an ongoing issue with my upstairs neighbours noise. The main issue is the impact noises I can hear, which are primarily from heavy walking. The sounds go on throughout the night and this makes it hard for me to sleep.

    I have had sound recording equipment installed by the council, and they deem it to be 'day to day living noise'. The council have suggested using 'The Noise App' to record the sounds again, but if this provides no evidence then the case will be closed.

    My concern is, 'The Noise App' does not record impact sounds, therefore does not accurately represent what I am actually hearing. I made a short video to hopefully demonstrate the point.

    https://www.youtube.com/watch?v=gUBE8XW-stA

    Also, a recording of other sounds recorded over a short period of time.

    https://www.youtube.com/watch?v=gUBE8XW-stA

    Ultimately, I don't think the council will offer any more help, and I am unsure of what steps I can take next.

    Any advice welcomed.

    You can read more about all the details, as to what I and the council have done, here:
    http://forums.moneysavingexpert.com/showthread.php?t=5792297
Page 3
    • Jimmy_Boy
    • By Jimmy_Boy 12th Feb 18, 5:47 PM
    • 85 Posts
    • 7 Thanks
    Jimmy_Boy
    So, I queried my tenancy agreement as to why I have stipulations such as no pets, carpet must be fitted, and no noise between 7pm - 11am.

    The reply...

    I note the attached terms, unfortunately these relate directly to the purchase of your property and are entirely different to the terms and conditions of tenancy. I regret to inform you that there are no stipulations in the tenancy agreement for a tenant to carpet their property and pets are allowed with prior permission. In relation to noise nuisance, proportionate action can be taken against a tenancy based upon the evidence provided, please see related conditions of tenancy below.

    4.3 You or any other person living in or visiting your home must not cause nuisance, annoyance or
    disturbance to any other person. Examples of nuisance, annoyance or disturbance include (but are
    not exclusive): loud music; arguing; door slamming; dog barking and fouling; rowdy or offensive
    behaviour; selling drugs or drug abuse; rubbish dumping; and extremely untidy gardens.

    4.10 You or any other person living in or visiting your home must not keep any animal that we decide
    is unsuitable for your home. Ask your local housing office if you are in any doubt. Your pet or
    pets must not annoy or frighten other people. In cases of cruelty to animals, permission to keep
    animals will be withdrawn and cases may be reported to the RSPCA or the police.
    • Jimmy_Boy
    • By Jimmy_Boy 12th Feb 18, 6:06 PM
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    Jimmy_Boy
    There are two things that come to mind from the above reply.

    1. "pets are allowed with prior permission" - when where they give prior permission, and permission for what exactly? In the document I linked to earlier about pets in council property, it states 2 dogs, and 2 cats (with permission). When they previously visited the tenants upstairs they had only 1 dog, and im not sure how many cats. The 2nd dog has only arrived in the last 3-4 months.

    2. "extremely untidy gardens." - I havent mentioned, but the guy has for some reason decided it's a good idea to build an avery for 50+ birds in his small back garden - great! It's not necessarily horrific, but I would say the garden looks 'untidy'. (It's not a great picture, but the only one I have)

    • Norman Castle
    • By Norman Castle 12th Feb 18, 6:39 PM
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    Norman Castle
    Does the landlord know about all of the animals and the aviary?

    From my experience of noisy neighbours the only worthwhile results have been from me taking control. Housing officers vary from very good to hopeless. Even the good ones have had limited success.
    Your neighbours refusal to even consider they are the problem is the first stumbling block to get passed Their failure to understand how much their noise is affecting you needs to be explained to them. The refusal of an offer of free carpets is ludicrous given how much it would benefit you. Ask for a visit from the areas housing officer to explain in detail the problems they are causing you. Its likely mediation will be suggested which is something I've always rejected but as you are on talking terms with these neighbours it could be successful. Focus on the noise complaint if that is the main problem as complaints about the pets as well will make you look like a moaner. The landlord will make their own decision about the number of pets.
    The noise doesn't sound intentional but as much of it could be easily prevented its unfair that you have to tolerate it.
    Last edited by Norman Castle; 12-02-2018 at 7:02 PM.
    Don't harass a hippie. You'll get bad karma.

    Never trust a newbie with a rtb tale.
    • Jimmy_Boy
    • By Jimmy_Boy 12th Feb 18, 6:43 PM
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    Jimmy_Boy
    Yes. They say they are allowed to do so.
    • Jimmy_Boy
    • By Jimmy_Boy 12th Feb 18, 7:09 PM
    • 85 Posts
    • 7 Thanks
    Jimmy_Boy
    The noise doesn't sound intentional but as much of it could be easily prevented its unfair that you have to tolerate it.
    Originally posted by Norman Castle
    I have always stated to both the tenants and the council that I dont believe the noise is intentional or out of malice. But, when you factor in no carpet, hearing thier day-to-day movements regularly through both day and the night, and I have had over 3 years of this, it's a) making me a nervous wreck, b) making it very hard to hold down my job, c) changing my personality - I have always been a polite, friendly person, now I am moody, miserable and easily irritable.

    Ive also said all along, that im confident that a good 90% of the problem would be solved if carpet was fitted. In theory it's simple, fit carpet, job done. In practice, so far its proven impossible.
    • Jimmy_Boy
    • By Jimmy_Boy 12th Feb 18, 7:24 PM
    • 85 Posts
    • 7 Thanks
    Jimmy_Boy
    Focus on the noise complaint if that is the main problem as complaints about the pets as well will make you look like a moaner.
    Originally posted by Norman Castle
    Im going to write a reply and focus on the noise, which is my main concern. Im just not sure how to approach it. My main argument is that the app used does not capture the sounds I am hearing in person, and the method of recording for my particular use case is impractical. Just got to find a way to put that into words without coming across as a jack as$!
    • fay66
    • By fay66 12th Feb 18, 9:12 PM
    • 737 Posts
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    fay66
    hi jim id get your self a woman and bang your head board that might pack it up
    Inland revenue 4500=
    Loan 2610/1988
    Pay day loans -1400 1st pay 16 march 50
    Credit card 1 -5100/4850 int froze
    CC2 -978
    CC3 - 500/548 cc4 165/200
    • Jimmy_Boy
    • By Jimmy_Boy 12th Feb 18, 9:35 PM
    • 85 Posts
    • 7 Thanks
    Jimmy_Boy
    hi jim id get your self a woman and bang your head board that might pack it up
    Originally posted by fay66
    Double Win haha
    • Norman Castle
    • By Norman Castle 13th Feb 18, 9:19 AM
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    • 5,713 Thanks
    Norman Castle
    Im going to write a reply and focus on the noise, which is my main concern. Im just not sure how to approach it. My main argument is that the app used does not capture the sounds I am hearing in person,
    Originally posted by Jimmy_Boy
    Your main argument is how the noise is affecting you and how easily it could be resolved. It is ignorant and selfish of the neighbours to continue to refuse ways of resolving this.

    "I have had over 3 years of this, it's a) making me a nervous wreck, b) making it very hard to hold down my job, c) changing my personality - I have always been a polite, friendly person, now I am moody, miserable and easily irritable."

    The crappy phone app is irrelevant.

    Your formal complaint letter, How long you've lived there without a problem, when the problem started, the problem which is noise from walking on bare floorboards 24 hrs causing daily disturbance and preventing sleep, how this affects you in detail, detail your efforts to resolve this ie offering carpets which have been refused, explain how you cannot continue with this situation, ask for comprehensive help.

    Don't be fobbed of with phone apps or claims of "normal noise"
    Last edited by Norman Castle; 13-02-2018 at 9:38 AM.
    Don't harass a hippie. You'll get bad karma.

    Never trust a newbie with a rtb tale.
    • Jimmy_Boy
    • By Jimmy_Boy 13th Feb 18, 1:58 PM
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    Jimmy_Boy
    Thanks.

    I have expressed these concerns to her in the past, as well as other's such as doctor signing me off work, being prescribed anti-depressants, sleeping away at friends and sleeping in my works van, sore ears and hearing being affected by wearing headphones every night for the past 18+ months. She said "I know it's affecting you, I can hear it in your voice, but theres nothing I can do."

    I wanted to try and point out that I dont have confidence in what has been recorded / analysed, and therefore they are dismissing my concerns.
    • Smodlet
    • By Smodlet 13th Feb 18, 2:37 PM
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    Smodlet
    So get yourself some decent recording equipment and make them listen!

    When our recordings were first played to a meeting of council workers, some pointless PR WPC and child support bods, the universal reaction was jaws on the floor. They could not believe what they were hearing when it had become our "normal". Over a year on some action has been taken but not enough however, the fight continues and the LL will get the offending chav out in the end. Pray for us it is sooner rather than later and we will extend you the same courtesy.
    What is this life if, sweet wordsmith, we have no time to take the pith?
    Every stew starts with the first onion.
    I took it upon myself to investigate a trifle; it had custard, jelly, soggy sponge things...
    • dekaspace
    • By dekaspace 13th Feb 18, 2:37 PM
    • 4,339 Posts
    • 3,812 Thanks
    dekaspace
    Had a long chat on phone with council about mine (they rang me) saying that its difficult due to the person upstairs having children, did say its a possibility for the sound recording but best bet is to log each noise as it occurs.

    At least its a step forward, have parents visting at weekend so they can at least witness noise.
    • Jimmy_Boy
    • By Jimmy_Boy 13th Feb 18, 2:57 PM
    • 85 Posts
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    Jimmy_Boy
    did say its a possibility for the sound recording but best bet is to log each noise as it occurs.
    Originally posted by dekaspace
    My spirits where lifted when I was told the same, they where then crushed when I returned my log and was told "its just living noise". I hope you have more success than myself.
    • Comms69
    • By Comms69 13th Feb 18, 3:02 PM
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    Comms69
    My spirits where lifted when I was told the same, they where then crushed when I returned my log and was told "its just living noise". I hope you have more success than myself.
    Originally posted by Jimmy_Boy


    It does appear to be living noise. In short you live in a flat, if that's not suitable you need to look at detached properties.
    • Jimmy_Boy
    • By Jimmy_Boy 13th Feb 18, 3:11 PM
    • 85 Posts
    • 7 Thanks
    Jimmy_Boy
    It does appear to be living noise. In short you live in a flat, if that's not suitable you need to look at detached properties.
    Originally posted by Comms69
    Ive always said, that if I knew the noise would stop at a certain time then I could possibly live with it, but the noises continue throughout the night, this is my biggest issue. Also, this is pretty much EVERY day/night.
    • Comms69
    • By Comms69 13th Feb 18, 3:12 PM
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    Comms69
    Ive always said, that if I knew the noise would stop at a certain time then I could possibly live with it, but the noises continue throughout the night, this is my biggest issue. Also, this is pretty much EVERY day/night.
    Originally posted by Jimmy_Boy


    Indeed, but the point is - it's your problem. The Landlord doesn't agree with you, so what can you do? well move out and find somewhere more suitable.
    • Jimmy_Boy
    • By Jimmy_Boy 13th Feb 18, 3:15 PM
    • 85 Posts
    • 7 Thanks
    Jimmy_Boy
    The point is, it could be easily fixed by carpet and a little consideration. I dont cause them any disturbances.
    • Comms69
    • By Comms69 13th Feb 18, 3:18 PM
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    Comms69
    The point is, it could be easily fixed by carpet and a little consideration. I dont cause them any disturbances.
    Originally posted by Jimmy_Boy
    Granted, but neither they, nor their landlord agree with you.


    It's like you ordering back the tide, it's not going to happen.
    • Norman Castle
    • By Norman Castle 13th Feb 18, 3:28 PM
    • 6,951 Posts
    • 5,713 Thanks
    Norman Castle
    It does appear to be living noise. In short you live in a flat, if that's not suitable you need to look at detached properties.
    Originally posted by Comms69
    There are compromises to be made by people living in flats, these include reducing or containing your noise where possible. Landlords will dismiss this noise as normal noise as they cannot take action against it however this does not make being on the receiving end of this noise normal.
    Don't harass a hippie. You'll get bad karma.

    Never trust a newbie with a rtb tale.
    • Comms69
    • By Comms69 13th Feb 18, 3:30 PM
    • 2,970 Posts
    • 2,938 Thanks
    Comms69
    There are compromises to be made by people living in flats, these include reducing or containing your noise where possible. Landlords will dismiss this noise as normal noise as they cannot take action against it however this does not make being on the receiving end of this noise normal.
    Originally posted by Norman Castle
    They certainly can take action, and so can the council (in this case the LL too), but there are quite clear policies on what is and is not anti social noise. It appears in this case the LL (council) agree with their tenant.
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