Noisy neighbours

[briggybum]

Hi, I'm not sure if anyone can help, but here goes.

 

My bf owns a ground floor flat in a block of HA maisonettes. When he first bought it about 5 years ago all was well, however for the past 4 years it's been a nightmare.

 

The tenant across the hall sleeps all day (fair enough) but has music blaring from about 10pm until about 5/6 in the morning. We also believe he is dealing drugs from the flat (though have no proof). And there are people coming and going, slamming doors all times of day and night. BF spoke to him at first, as did the 90 year old tenant upstairs. When that didn't work he contacted the Housing Authority, who have told him that they have spoken to him and have at this time given him FOUR FINAL WARNINGS!!! With no improvement.

 

He could have coped with that, but just over a year ago the 90 year old was moved from the flat above BF to opposite as they were renovating all flats. As you can imagine at 90 he had no desire to move again. Since then the HA have moved a succession of teenagers into the flat above. And yes I realise it's their flat and they have the right to choose their tenants and obviously the kids do need somewhere to go.

 

The previous tenant would play loud music occasionally but not for the length of time as the tenant opposite so BF didn't complain. About 8 months ago new tenants moved in, boy and girl about 18 ish. From the start there's been terrible unexplained noises ( which after seeing girl out in roller boots we now know what it is!) Throwing contents of ashtray over balcony onto shared grounds. Stomping etc. He hasn't bothered complaining about this because of the lack of action with the tenant opposite. After a sleepless night this week with approx 6 hours of extremely loud music (funnily it's never at the weekend) screaming, shouting etc he had enough and complained. HA were worse than useless and said they'd see what they can do.

 

As a result BF has been forced to sell property as he can't take any more stress. I realise that he is legally (and morally) obliged to notify any prospective buyers especially as there have been official complaints, would he be entitled to any compensation from the HA who are woefully inadequate from any loss in value as a result of nuisance? Also, any help with advice on getting HA to do there job properly would be gratefully received.

 

Sorry it's such a long-winded post, I hope someone can help.

[raydetinu]

I doubt it. Any claim would be through the courts and doubt you would get anywhere as they did not cause the problem.

Did he complain to environmental health about the problem, keep a diary etc.

[Lea_HTH]

Hi, I'm not sure if anyone can help, but here goes.

 

My bf owns a ground floor flat in a block of HA maisonettes. When he first bought it about 5 years ago all was well, however for the past 4 years it's been a nightmare.

 

The tenant across the hall sleeps all day (fair enough) but has music blaring from about 10pm until about 5/6 in the morning. We also believe he is dealing drugs from the flat (though have no proof). And there are people coming and going, slamming doors all times of day and night. BF spoke to him at first, as did the 90 year old tenant upstairs. When that didn't work he contacted the Housing Authority, who have told him that they have spoken to him and have at this time given him FOUR FINAL WARNINGS!!! With no improvement.

 

He could have coped with that, but just over a year ago the 90 year old was moved from the flat above BF to opposite as they were renovating all flats. As you can imagine at 90 he had no desire to move again. Since then the HA have moved a succession of teenagers into the flat above. And yes I realise it's their flat and they have the right to choose their tenants and obviously the kids do need somewhere to go.

 

The previous tenant would play loud music occasionally but not for the length of time as the tenant opposite so BF didn't complain. About 8 months ago new tenants moved in, boy and girl about 18 ish. From the start there's been terrible unexplained noises ( which after seeing girl out in roller boots we now know what it is!) Throwing contents of ashtray over balcony onto shared grounds. Stomping etc. He hasn't bothered complaining about this because of the lack of action with the tenant opposite. After a sleepless night this week with approx 6 hours of extremely loud music (funnily it's never at the weekend) screaming, shouting etc he had enough and complained. HA were worse than useless and said they'd see what they can do.

 

As a result BF has been forced to sell property as he can't take any more stress. I realise that he is legally (and morally) obliged to notify any prospective buyers especially as there have been official complaints, would he be entitled to any compensation from the HA who are woefully inadequate from any loss in value as a result of nuisance? Also, any help with advice on getting HA to do there job properly would be gratefully received.

 

Sorry it's such a long-winded post, I hope someone can help.

 

If you are not getting any joy from the housing association then you should contact your local environmental health department and report the noise to them. They can take action - but will require you to keep a diary, and may put sound recording equipment in your property in order to ascertain the noise levels. Noise abatement notices can be served.

 

Tenants who make a nuisance of themselves can be evicted, but it's a long process, so the housing association may still be in the information gathering stage, however they should be keeping you informed as to what they are doing.

 

It is entirely possible that you can sue for a breach of covenant - the right to peaceful enjoyment of your property. This doesn't mean quiet...it means without being unduly disrupted or disturbed by others around you for whom they are responsible (their tenants). I presume the housing association is the freeholder of the building? If yes, then they are the people you would sue for any loss you suffered when selling the property (in price).

 

You might want to sell it to the housing association...then they can put all their noisy tenants in one block! Or alternatively, ask them to install some sound-proofing in the flats where the most noise comes from (that may be the cheaper option for them in the long run).

[briggybum]

Thanks for the reply. He's kept a diary for the tenant opposite, not sure about upstairs though. He's tried to keep it kind of friendly by keeping complaints to the HA and not going through the council.

[briggybum]

He's been keeping a diary pretty much from the start. The HA gave him a dictaphone to record the noise but it was useless. Re eviction and information gathering, they've had four years to do that and still no progress so I think it's either incompetence or beaurocracy (excuse spelling) or a bit of both.

 

He has to pay them ground rent, not sure if that means that they are the freeholder or not. He's sent them a bit of a sarky message suggesting they buy it, doubt very much that they've got the funds though.

 

I did suggest him renting it out, however he's not sure he'd get the approval from his mortgage provider (it's likely he won't make a penny out of the sale, that's how desperate he is to get out) plus all the hassle being a landlord and having constant phone calls about this and that.

[Lea_HTH]

If he pays them ground rent, they are the freeholder. They may just be able to find the funds to buy the property - and he could inform them that he will be making a claim against them for the loss in value of his property if he makes one, due to having to disclose the troublesome neighbours.

 

Most mortgageees won't withhold consent to rent unless it is entirely unreasonable - but they will also likely increase the mortgage interest as it is no longer a residential mortgage.

 

He can take action with a noise abatement notice himself if he doesn't want to go to the council - sometimes the threat of taking action is enough to make people sit up and take notice (he'd serve it on each of the noisy neighbours).

[raydetinu]

gets noisier with no windows, be careful!!