Problems with noisy neighbours Landlord doesn't want to know!

[MARONE]

Hello again everyone. My life is one sodding problem after another!

 

Ok my problem is that in the flat below me two girls moved in about a month and a bit ago. Ever since they moved into the flat below they make so much noise it's unbelievable, I mean it's not every day living noises this is something else. They bang doors and make thumping sounds so hard and loud you would think they are throwing an elephant around the flat!

My friend who helps out with the shopping and cleaning politely spoke to them on THREE occasions asking them to please control the noise a little as it's not letting me sleep and at the same time if I was making noise to please tell me.

This seemed like a bad move as this just kept getting worse and one afternoon when they had the music on full blast as well as the thumping my friend on his way to see me knocked on their door and a guy claiming to be their cousin came out, told my friend he can't hear any banging and suggested the sound is probably made my ghosts and evil spirits!

One night I could take no more and I don't know if this was wise but I banged on the floor with my crutch to notify them they are being way too loud. This has seemed to make the situation worse, I am not justifying myself but it was out of sheer frustration.

In between all this the council's noise pollution dept were called as well as the landlord and after much nagging and calling them every single night for a whole week the council sent an officer to the flat. He flat out told me that the noise abatement team only deal with loud music, they cannot do anything about the other noises. Either way he went to speak to the two girls downstairs.

My understanding is that if this is classed as nuisance noise then surely they have to do something? My friend called and wrote emails to the agency who are getting fed up with me even though I have a legitimate complaint, they manage and own several properties including the one I rent. The LL came round to my flat to look around to "see how the sound would travel from downstairs" and told me he doesn't think it's them.He did however promise to speak to them. He called my friend the next day to tell me how upset the girls were at having been warned of the noise by the council officer and do not feel they can relax in their own home. He also said that legally the noise isn't a nuisance until 23:00 which, I discovered from the COUNCIL that this is not the case and told the LL of this.

My friend also tried to explain that these aren't normal living noises, they kick off at 3-4-5 AM. It's a repetitive thumping sound that lasts between 5 and 8 minutes. I know because I've been taking notes of the times they do this as the council sent me a diary sheet to fill out which I am sending today. I can only imagine one them is holding a door and then slamming it autistically. The other thumping sound they make well I really can't imagine what could be causing it but it is driving me insane. It reverberates all the way upstairs and makes me jump just as I want to sleep. I mean it literally shakes the flat and it's not only the times mentioned above, it happens in the day time between 7-8-9 am or 12 noon.It seems to me that they go out of their way to harass and cause me distress because - and my friend is a witness to this - when there is complete silence they must think "right lets wake the old witch" so then I get up and start swearing my head off that they stop and suddenly go quiet.One evening was so bad I grabbed the rolling pin and hobbled downstairs to my door and opened it and I swear to god if anyone appeared at their door I was going to go to town on them.

Thankfully nobody came out so I slammed my front door repeatedly and then they suddenly went quiet. This is the second time I've lost my rag and gone down with the intention of banging on their door but I slipped and twisted my ankle so spent the day in hospital because of them!I'm an absolute wreck because I can't get a decent nights sleep, my best friend stays over some nights because I no longer feel safe in my own home and even though he is a person that can sleep through an earthquake it's even starting to affect him. This isn't helping my chronic back pain as I'm even more tense than normal and am a zombie through exhaustion.The LL even had the cheek to tell us that its partly my fault that this is happening because I banged on the floor. Lately he told us that the girls are leaving at the end of June so I'll just have to hang on! It's only when my friend started emailing him constantly and asking him for confirmation of their leaving in writing that he has changed his tone with me but still has done nothing. He never replies to the emails he just calls either myself or my friend, very clever of him.

These next 5 weeks are going to be murder and I can't understand why they aren't evicted earlier through extreme unreasonable behaviour, I am thinking of staying at a hotel this week and not paying the agency rent because they are really taking the p*ss out of me and are not interested at all.I pay the rent on time the place is well maintained and this is the way they look after their tenants. He won't even move his butt to find me alternative accommodation so now I have to go through that trauma of looking for a flat that will accept DSS again because I really don't want to give these clowns any more money.Where do I stand and what rights do I have? What worries me is that if I don't pay the rent or subtract what a stay in a hotel will cost me agency will give me hassle....I cannot go on like this I feel as if I have to tiptoe around so they won't think Im in but this is ridiculous! I've even tried to record the noise but the digital recorder I borrowed doesn't pick these sounds up!

 

I also can't expect my mate to stay with me all the time but I'm at my wits end.

 

Help!

 

And once again I'm very sorry this is so long

 

Kind regards

 

Marone

Edited April 29, 2013 by MARONE
Post was all in one block and unreadable!

[MARONE]

I'm sorry I don't know why the text came out in one big lump~Marone~

[steampowered]

Try clicking the button to edit your post and write

 

wherever a new paragraph should begin.

[MARONE]

Try clicking the button to edit your post and write

 

wherever a new paragraph should begin.

 

Al done, Thank you!

~marone~

[steampowered]

Surely this is the council's responsibility to sort out. Which council is this? Have you kept in touch with the noise control officer?

[MARONE]

Surely this is the council's responsibility to sort out. Which council is this? Have you kept in touch with the noise control officer?

 

Well at the start I was getting bounced around and nobody wanted to really show any interest, I called today and was advised to call them in the eve if they kick off again (which they will) I rent from a private land lord but it falls under Croydon council.

This is getting too much for me now

 

~marone~

[steampowered]

I'm not sure what to suggest other than make sure you collect evidence to show what is going on and keep contacting the council.

 

I note from their webpage that there is a night duty officer: http://www.croydon.gov.uk/environment/pollution/noisecontrol/. I would give this person a ring every time you get woken up in the early hours of the morning as and when it happens, and also keep a diary detailing every incident to demonstrate how persistent it is. I would imagine the thumping sound in the early hours of the morning is heavy bass from a set of music speakers vibrating through the property.

[Desperate Daniella]

Hi Marone,

 

I feel so sorry for you. I actually moved because of noisy neighbours and I know how miserable they can make you.

 

Have you checked through your lease? There may be conditions there about noise and affecting the neighbouring properties and theirs will probably be the same.

 

Personal question: Is the landlord favouring the girls rather than you, because from what you have said he appears to be?

 

With regard to the agency, presumably there are other agencies you could use?

 

Can you borrow a tape machine from somewhere (or maybe hire one) and record the noise?

[assisted blonde]

Don't withhold your rent whatever you do, rent must be paid, croydon council can deal with noise other than music (that's the idea of a noise abatement team) if its excessive

[MARONE]

I'm not sure what to suggest other than make sure you collect evidence to show what is going on and keep contacting the council.

 

I note from their webpage that there is a night duty officer: http://www.croydon.gov.uk/environment/pollution/noisecontrol/. I would give this person a ring every time you get woken up in the early hours of the morning as and when it happens, and also keep a diary detailing every incident to demonstrate how persistent it is. I would imagine the thumping sound in the early hours of the morning is heavy bass from a set of music speakers vibrating through the property.

 

Hi

 

The sound isn't bass that's making the thumping sound it really is the sound of something being thrown against the wall or the floor, as I said when I hear the THUMP it make I jump out of my skin. Now imagine that 27 times in a row at 3am. it's enough to make you go insane

[MARONE]

I'm not sure what to suggest other than make sure you collect evidence to show what is going on and keep contacting the council.

 

I note from their webpage that there is a night duty officer: http://www.croydon.gov.uk/environment/pollution/noisecontrol/. I would give this person a ring every time you get woken up in the early hours of the morning as and when it happens, and also keep a diary detailing every incident to demonstrate how persistent it is. I would imagine the thumping sound in the early hours of the morning is heavy bass from a set of music speakers vibrating through the property.

 

Today I sent the diary sheets with additional information to the council and also called them for advice. It's as you suggested, if they kick off call the noise team so they can witness the racket. I will be happy to do that but I don't think i'm going to survive another month without sleep!

 

Thanks again!

[MARONE]

Hi Marone,

 

I feel so sorry for you. I actually moved because of noisy neighbours and I know how miserable they can make you.

 

Have you checked through your lease? There may be conditions there about noise and affecting the neighbouring properties and theirs will probably be the same.

 

Personal question: Is the landlord favouring the girls rather than you, because from what you have said he appears to be?

 

With regard to the agency, presumably there are other agencies you could use?

 

Can you borrow a tape machine from somewhere (or maybe hire one) and record the noise?

 

Hi Daniella

 

I do get the impression the guy from the agency seems to think Im a moaning old witch because I've heard them talk to the landlord over the phone before hes phoned my friend regarding this problem. As we told the LL those two are very good at playing the poor little innocent girl act then really turn on the cruelty when they hang up just to make my life hell. An example: when the LL called to say how upset they are that they don't feel they can relax in their home and after the visit from the council officer they are thinking of leaving and burst into tears, my friend replied I'm really sorry but they can't be that upset because they've been buzzing the doorbell then knocking on the door like mad, now they're listening to music at full blast while bashing something around. Yes they must be really upset!

 

I'm trying to find a clause about nuisance noise in the conract but I do believe there is a law that states under completely innapropriate behaviour on a tenants part they may be ejected from a property if deemed to be completely and totally unreasonable. Or words to that effect.

 

I need to invest in something a little more high tech as the digital recorder i borrowed or my friends iphone doesn't pick up the banging and thumping, something about too low frequency to be picked up by the phones mic. Also its like trying to predict when a ightning bolt is going to strike. As for the agencies I'm still trying to find one that is sympathetic to people on DLA and ESA due to long term ill health. Nobody seems to want to rent to me as I am on benefits so Im getting desperate.

 

Many thanks for your reply

 

M

[MARONE]

Don't withhold your rent whatever you do, rent must be paid, croydon council can deal with noise other than music (that's the idea of a noise abatement team) if its excessive

 

High there

 

I was thinking of deducting the cost of the hotel stay from the rent so they can see Im serious and really suffering, this isnt good for my health either! As the agency aren't doing anything to sort this problem I feel so angry at them I want to hit them where it hurts: in the pocket! They take take take the money but don't want to deal with any problems. Today I called the twit from the agency and you know what? He told me he's in LA!! I know he is abroad as the ring tone makes the same sound when someone is abroad.....what a nightmare

 

Thanks for the advice all the same

 

Kind regards

 

~M~

[stu007]

Hi MARONE

 

Firstly PLEASE DO NOT withhold any of your rent for any reason I know how you feel as I have been through similar and its not a nice experience.

 

I would advise refraining going anywhere near that neighbours door without a witness present for your safety and to witness events. I know this is very hard due to been constantly woken up but never go near them or their door without a witness as they could turn this on you.

 

Due to the present situation which seems to be escalating I would say to keep away from their door. ( Never go near these neighbours front door or approach them if outside unless you have a witness with you as this ensures your safety and they are witness to any discussion)

 

Now as well as informing the Council of every incident as these seem to be happening in the early hours also report it to the Police on 101 new non emergency number or if serious 999 always get a reference no from them then report to council as well giving the police reference no. (This way you are building a physical trail of evidence everytime you give them the police reference)

 

Everytime an incident happens log it report it to both Police and Council

 

Keep a written log of every incident and if you send this off ensure you keep a copy for yourself.

[Desperate Daniella]

Is this by any chance an ex-local authority flat on one of the LA estates? A lot of buy-to-let properties are on estates and you can then get the estate manager involved as well.

[MARONE]

Hi MARONE

 

Firstly PLEASE DO NOT withhold any of your rent for any reason I know how you feel as I have been through similar and its not a nice experience.

 

I would advise refraining going anywhere near that neighbours door without a witness present for your safety and to witness events. I know this is very hard due to been constantly woken up but never go near them or their door without a witness as they could turn this on you.

 

Due to the present situation which seems to be escalating I would say to keep away from their door. ( Never go near these neighbours front door or approach them if outside unless you have a witness with you as this ensures your safety and they are witness to any discussion)

 

Now as well as informing the Council of every incident as these seem to be happening in the early hours also report it to the Police on 101 new non emergency number or if serious 999 always get a reference no from them then report to council as well giving the police reference no. (This way you are building a physical trail of evidence everytime you give them the police reference)

 

Everytime an incident happens log it report it to both Police and Council

 

Keep a written log of every incident and if you send this off ensure you keep a copy for yourself.

 

Dear Stu007

 

Thank you for the advice. I didn't go and stayed home again it's 21:50 and am dreading what may happen between now and 5am.

 

I did have second thoughts about what you're saying and you are right but - and I don't justify this - the lack of sleep frustration and anger at the injustice of this whole situation has given me the urge to kill. So to speak.

 

Plus I don't have any family and no friends apart from this one who has been nothing short of a saint and i know if anything happened to me he would go out of his way to protect me at great risk to his personal safety, something I do not want.

So I'm going to continue doing what I was doing before I posted this and what all of you have suggested, I only hope that I find somewhere to live soon and I can't wait to see the back of this place!

 

Many thanks!

 

~M~

[MARONE]

Is this by any chance an ex-local authority flat on one of the LA estates? A lot of buy-to-let properties are on estates and you can then get the estate manager involved as well.

 

Hi Daniella

 

No this is a private property that I forgot to mention used to be a brothel! The day I came to view the flat the guy that was handing the tenancy over to me buzzed someone up who rung the bell without checking who it is. This big Jamaican guy knocked on the door and asked WHAT HAPPENED TO THE BROTHEL THAT USED TO BE HERE? I was shocked and of course asked the LL later on who denied it. Then the agency's handy men came to do some work in the bathroom confirmed this also and the agency still denies it to this day. I have even had it confirmed by the two young guys who live in the first flat below the two girls who although are totally bothered by the noise they experience are too scared to complain to the landlord (I bumped into one of the boys one morning and spoke to him about this who confirmed he has heard the noises I have described) but have had their buzzer rung by random men asking for the two colombian girls who run the brothel!

 

This just gets better and better! Of course I can't substantiate these allegations because A: The boys in first flat don't want trouble and B: I can't back up what I was told by the handymen or prove I've had people buzzing me for SPECIAL SERVICES. This with the noise combined is getting too much to bear....

 

Regards

 

~M~

[stu007]

Remember if anything starts later call the police get reference no from them, log the incident, then tomorrow contact council report with police reference.

 

I know this isn't a pleasant situation to be in for anybody but please don't lower yourself to their level as it will play into their hands and this is the last thing you want.

 

just keep reporting and logging everything that happens.

 

Please keep us updated and if there is any further help just let us know

[MARONE]

I certainly will and thank you again for the good advice

 

Kind regards

 

~M~

[stu007]

Your more than welcome just remember we are here if you need further help.

[Desperate Daniella]

Hi Marone,

 

Hardly dare ask if you got any sleep last night?

 

I don't understand the two guys in the other flat. What on earth do they mean by being scared of complaining to the landlord? They are paying him rent so they are entitled to the quiet enjoyment of their premises. Can you try again with them?

 

Obviously if the girls are moving then I know you would rather not move, but it concerns me that the landlord won't apparently confirm that in writing, so I think you should start looking for somewhere else to live. In any case with a landlord like this you know he won't take action if you have problems with subsequent tenants.

 

DD

[MARONE]

Hi Marone,

 

Hardly dare ask if you got any sleep last night?

 

I don't understand the two guys in the other flat. What on earth do they mean by being scared of complaining to the landlord? They are paying him rent so they are entitled to the quiet enjoyment of their premises. Can you try again with them?

 

Obviously if the girls are moving then I know you would rather not move, but it concerns me that the landlord won't apparently confirm that in writing, so I think you should start looking for somewhere else to live. In any case with a landlord like this you know he won't take action if you have problems with subsequent tenants.

 

DD

 

Hi DD

What happened with the two boys is that my friend bumped into one them one morning and asked him if he happened to hear the noise from the flat above them and confirmed that yes they could hear a racket and in his words, starting to affect him. When my friend told him that he will be contacting the landlord and would they be willing to call him also, he changed his tune and said it doesn't really bother him that much and he's not one to complain about these things. He did say however that he is happy for his name to be mentioned to the landlord and that it's ok for my mate to tell him that they had discussed the problem. In the last week however he's gone back to saying he's not bothered by the noise and can't actually hear it even though it is so obvious where the noise is coming from. Even that sodding LL told my mate over the phone that he's more than sure the flat below is making the noise but thankfully will be leaving at the end of May

 

The landlord won't confirm in writing or reply to anything my friend communicates to him because I imagine he thinks that replying would make him liable. As I mentioned I really don't want to continue to live here and give these people money because they do not give a rat's butt about the well being of their tenants.

 

I got no sleep again last night as they kicked off at 1:57 AM so called the police who turned up 20 minutes later by which time the noise had stopped. I was advised by the officer to continue to harrass the council with this and he was very understanding

 

They started again at 8:03 this morning and again at 11:04. My friend texted me to say the council has received the diary sheets and will be sending them a letter advising them to keep the noise down. In the meantime I'm to call them IMMEDIATELY if it still continues

Thanks again for writing and THANK YOU ALL FOR THE ADVICE.

 

I hope I can help or advise someone too

 

 

Many thanks and kind regards

 

 

~m~

Edited April 30, 2013 by MARONE

[steampowered]

The landlord is not really able to do anything about this. I do not think he has any legal powers to force the two girls to stop the noise. He does not have the right to fine them. In theory he might be able to evict them for breach of the Lease Agreement, but this would be a long and expensive process which would not be completed before June - so pointless for him to try. The landlord can speak to the tenants and ask them nicely to stop but I think that is about it.

 

You need to be pushing the council to act, not your landlord. Call the council each and every single time - if the 24/7 officer gets a call from you every single night he will act!

[MARONE]

The landlord is not really able to do anything about this. I do not think he has any legal powers to force the two girls to stop the noise. He does not have the right to fine them. In theory he might be able to evict them for breach of the Lease Agreement, but this would be a long and expensive process which would not be completed before June - so pointless for him to try. The landlord can speak to the tenants and ask them nicely to stop but I think that is about it.

 

You need to be pushing the council to act, not your landlord. Call the council each and every single time - if the 24/7 officer gets a call from you every single night he will act!

 

Hi steampowered

 

Thanks for clarifying this, I thought the landlord would be the first point of contact if there is a problem, I have contacted the council regarding this and spoken to a few people in noise pollution. In the meantime I'm looking for somewhere to live so if anyone knows of any agencies in London that accepted DSS please point in the right direction. I registered with one that charges £5 for a one off registration (to keep the site going apparantley) but it turns out it's just a fraud....

 

Thanks again for all the advice and info.

~M~

[Desperate Daniella]

Hi Marone,

 

Do you have to tell the agencies it's DSS? A friend of mine used to go to all the usual high street agencies and would only tell them it was DSS if and when she found a flat she liked. The landlord could say no, of course, but she lived in two beautiful flats where the landlord was willing to accept her as a tenant.

 

Do keep reporting them every time there is an incident. I know what it's like - even when it is quiet you are on edge for the noise starting again.

 

DD