Advice re neighbours noise at night time

[Patricia68]

A new neighbour moved into the flat above me 3 months ago , ever since she moved in she has kept me awake at night time walking about, flushing the toilet and running the taps. Because the flooring has no soundproofing and no thick carpet all sounds carry through. This lady goes to bed very early 8pm and then gets up at 1pm and walks about doing her housework. I believe she has mental health problems. Im suffering badly without any restful sleep....what can I do ??? The housing people are not being very helpful. Under the human rights act I have a right to peace in my home.....would a solicitor be able to help ?

 

Thanks if anyone can help me I'm desperate and don't need all this stress at the age of 68

[unclebulgaria67]

Do either own your flats or are you both tenants ? Is this housing association or private tenancy ?

 

I don't think there is much you can do legally, unless the noise is above a certain level. You will have to start making a record of what is happening and gather evidence. Then if it is a housing association property take the evidence to the housing association and ask them for help.

 

Have you thought about speaking to this neighbour and mentioning that the lack of soundproofing in the flats is causing you a problem, as anything they do at night can be heard, causing you not being able to sleep.

[honeybee13]

Hello there.

 

I'll move this to our lettings and property forum for further advice and leave you a link to follow.

 

It would be helpful to have the information Uncle Bulgaria asked for, please.

 

HB

[Patricia68]

Do either own your flats or are you both tenants ? Is this housing association or private tenancy ?

 

I don't think there is much you can do legally, unless the noise is above a certain level. You will have to start making a record of what is happening and gather evidence. Then if it is a housing association property take the evidence to the housing association and ask them for help.

 

Have you thought about speaking to this neighbour and mentioning that the lack of soundproofing in the flats is causing you a problem, as anything they do at night can be heard, causing you not being able to sleep.

 

No this is housing association flats for people over 55....the upstairs tenant has mental health problems, surely her nighttime activity from 1am onwards is not normal and how do I live with my sleep interrupted every night. I have reported this ,, there is no soundproofing and very thin carpeting.

Thanks for your response

[unclebulgaria67]

Check the housing association terms and conditions regarding anything on courtesy to other residents. If the neighbour is breaking any rules, then go to the HA with a list of dates/times/discourtesy when you have witnessed the neighbour being inconsiderate.

 

Lack of sleep is not very pleasant and if the neighbour causing this knew about it, they might be more considerate.

 

You could just approach this neighbour and talk about the lack of soundproofing which is causing you to have problems sleeping. That you live downstairs and noticed noise from above after 1am. You don't have to be confrontational, just be indirect talking about noise causing lack of sleep without having a go at them.

[Patricia68]

Check the housing association terms and conditions regarding anything on courtesy to other residents. If the neighbour is breaking any rules, then go to the HA with a list of dates/times/discourtesy when you have witnessed the neighbour being inconsiderate.

 

Lack of sleep is not very pleasant and if the neighbour causing this knew about it, they might be more considerate.

 

You could just approach this neighbour and talk about the lack of soundproofing which is causing you to have problems sleeping. That you live downstairs and noticed noise from above after 1am. You don't have to be confrontational, just be indirect talking about noise causing lack of sleep without having a go at them.

 

Hi, I have tried reasoning with the neighbour politely and the housing people wrote her a letter. They have said that she has a different way of living and that the noise is classed as NORMAl daily noises , the lady has said to me that if she wants to get up at 1pm or 4pm and do her housework she will.....she has a mental health problem which is severely affecting my sleep every night . I am at a point where I know what to do about it.

Thanks Patricia

[stu007]

So from 1am in the morning onwards its classed as normal daily noise, I don't think so more it's Anti Social Behaviour and due to this tenants issues the HA don't want to act.

 

I think you need to make a Formal Complaint in writing to the HA and title it as such referring to previous discussions on this matter. (make sure you keep a copy and get free proof of posting from the post office)

 

Also ask for copies of the following documents:

 

Complaint Policy.

Customer Care Standard/Policy.

Anti Social Behaviour Policy.

Noise Policy.

 

Now keep a record of all the noise issue this PDF may be of use:

 

Incident Log-with form fields -----.pdf

[Patricia68]

So from 1am in the morning onwards its classed as normal daily noise, I don't think so more it's Anti Social Behaviour and due to this tenants issues the HA don't want to act.

 

I think you need to make a Formal Complaint in writing to the HA and title it as such referring to previous discussions on this matter. (make sure you keep a copy and get free proof of posting from the post office)

 

Also ask for copies of the following documents:

 

Complaint Policy.

Customer Care Standard/Policy.

Anti Social Behaviour Policy.

Noise Policy.

 

Now keep a record of all the noise issue this PDF may be of use:

 

[ATTACH]63175[/ATTACH]

 

Thankyou very much for your help and advice.

So far I have taken this problem up with a Councillor who is on the Welsh assembly, she met with the housing officer and he said this would be a problem to sort out as they can't tell her how to live, he added that they may find ME a difficult to let property but could make no promises. Difficult to let would be a remote place and at my age don't want that. I have it in writing that this lady lives a different life. On Monday this week the lady opened her doors and shouted that she would kill herself if I complained again and that if she wants to get up at 1am and do housework she will, and then threatened to get a friend to sort me out and that night at 4.30pm she flushed her toilet three times on the trot. All other residents here respect their neighbours and cause no noise issues. Thanks Pat

I wrote all the details down and gave it to housing and the Welsh assembly Councillor on Tuesday....so far no response.

[stu007]

What I would do is don't be afraid to contact your Local police and ask if you could have a chat with the crime prevention officer and inform them of there suicide threats and threats to yourself.

 

If they threaten suicide again then phone the police and the HA and inform both. (remember with the police it will be logged more evidence for HA)

[Patricia68]

What I would do is don't be afraid to contact your Local police and ask if you could have a chat with the crime prevention officer and inform them of there suicide threats and threats to yourself.

 

If they threaten suicide again then phone the police and the HA and inform both. (remember with the police it will be logged more evidence for HA)

 

Thankyou

[tobyjugg2]

Have you seen this Pat?

http://gov.wales/topics/environmentcountryside/epq/noiseandnuisance/?lang=en

 

http://www.walesonline.co.uk/news/wales-news/noise-nuisance-tops-list-anti-social-1837891

 

http://www.environmentlaw.org.uk/rte.asp?id=76

[45002]

What I would do is don't be afraid to contact your Local police and ask if you could have a chat with the crime prevention officer and inform them of there suicide threats and threats to yourself.

 

If they threaten suicide again then phone the police and the HA and inform both. (remember with the police it will be logged more evidence for HA)

 

OTT I think contacting the Police may push the neighbour over the edge.....

 

Patricia68

 

Does the neighbour have a support worker, you could try contacting MIND http://www.mind.org.uk/ see if they can help advise you

 

Some kind of 3rd third party mediation ....

[tobyjugg2]

OTT I think contacting the Police may push the neighbour over the edge.....

 

Perhaps, worth a try but from the posts above it would seem the neighbor is not interested in others points of view.

 

but whether this would be considered a noise nuisance or ASB is difficult to judge, and I agree that the police should be informed, as should environmental health. Particularly given Pat being threatened.

Pat should then follow their (police and EH) advice.

 

 

In my past situation, reason didn't work despite no clear mental health issues with the other party, but talking reasonably with local environmental health and a simple letter from them to the other party while highlighting that a complaint had been raised pretty much sorted it.

[Patricia68]

Perhaps, worth a try but from the posts above it would seem the neighbor is not interested in others points of view.

 

but whether this would be considered a noise nuisance or ASB is difficult to judge, and I agree that the police should be informed, as should environmental health.

 

In my past situation, reason didn't work despite no clear mental health issues with the other party, but talking reasonably with local environmental health and a simple letter from them to the other party while highlighting that a complaint had been raised pretty much sorted it.

 

That sounds very useful advice and I will follow it. Thankyou so much

[tobyjugg2]

That sounds very useful advice and I will follow it. Thankyou so much

 

You are welcome Pat - note I added a couple of bits to my last post - I'm a devil for adding things after initial post.

 

(and correcting typos LOL)

[Patricia68]

You are welcome Pat - note I added a couple of bits to my last post - I'm a devil for adding things after initial post.

 

(and correcting typos LOL)

 

I did fathom it out. Have been reading about the environment health and see that it has to be statutory noise nuisance!!

This lady really needs a ground floor or bungalow as she has an injection controlled mental health problem. You can't reason with someone like that. There must be something that can be done when it's affecting another person's health.the battle is with the housing people to do something a move for me or her. I'm having to use ear plugs to enable me to sleep at the moment.

[tobyjugg2]

I did fathom it out. Have been reading about the environment health and see that it has to be statutory noise nuisance!!

This lady really needs a ground floor or bungalow as she has an injection controlled mental health problem. You can't reason with someone like that. There must be something that can be done when it's affecting another person's health.the battle is with the housing people to do something a move for me or her. I'm having to use ear plugs to enable me to sleep at the moment.

 

Dont let the statutary stuff put you off

I would report it to the police and EH and take their advice. Come back to us with any questions and I'm sure we'll try to help.

The police may say contact the local authority, depends on local practice I think - but let them both know.

 

I would take care with saying he has mental health issues, just report the facts as you know them including the threats to herself and you.

[tobyjugg2]

http://local.direct.gov.uk/LDGRedirect/index.jsp?LGSL=412&LGIL=0

[stu007]

Something I haven't asked have you checked your Tenancy Agreement as to any clause on Laminate Flooring?

 

Does the said tenant have Laminate Flooring? (it may be that they have cheap underlay and need to change it for soundproofing, slightly dearer to purchase but is available)

[Patricia68]

Something I haven't asked have you checked your Tenancy Agreement as to any clause on Laminate Flooring?

 

Does the said tenant have Laminate Flooring? (it may be that they have cheap underlay and need to change it for soundproofing, slightly dearer to purchase but is available)

 

She has no laminate flooring only very thin carpet no underlay, it's what was left ehen she moved in, did say she would buy some rugs but hasn't and is on benefit . She is very heavy footed.

[mariner51]

EHO/noise abatement team unlikely to take action for 'normal domestic living noise' at whatever time it occurs and HA won't provide ground floor flat/bungalow (if avail) unless she has a physical handicap precluding stairs.

Distressing for OP, but only option appears for OP to find alt accom, pref not with another flat above or below.

[Patricia68]

EHO/noise abatement team unlikely to take action for 'normal domestic living noise' at whatever time it occurs and HA won't provide ground floor flat/bungalow (if avail) unless she has a physical handicap precluding stairs.

Distressing for OP, but only option appears for OP to find alt accom, pref not with another flat above or below.

 

Had a call from HA today responding to my letter of complaint....having spoken to my neighbour about her behaviour they have now seen that she refuses to comply ....saying she will get up at 1am and do her housework if she wants and she hung up on them.its now seen as a management issue, there is a possibility that I may get offered a move at some point in time. Meanwhile ear plugs are my only respite.

[stu007]

Your post is interesting.

 

Now this is only my opinion which you would need to confirm with the HA

 

From what you have posted I think the property with the problem tenant has been leased to an organization by the HA. (this is only my opinion)

 

What you would need to do is write and ask the HA for clarification if the problem property has been let to an organization.

[Patricia68]

Your post is interesting.

 

Now this is only my opinion which you would need to confirm with the HA

 

From what you have posted I think the property with the problem tenant has been leased to an organization by the HA. (this is only my opinion)

 

What you would need to do is write and ask the HA for clarification if the problem property has been let to an organization.

 

I believe the government has made changes and the age limit for community housing is now 55 and not ,60 also they have to accept people with mental health issues. Because the demand is low for supported housing because more people are staying in there homes and because people are living a lot longer . It would seem that retirement homes are really no longer aimed at a peaceful , safe and secure environment for OAPs

[stu007]

Hi

 

IMO you need to write to the HA asking for clarification if the property (where problem tenant is) has been leased/let to an outside organisation, also ask If said property has been leased/let to an outside organisation you would like a copy of the HA Policy regarding this

Edited June 3, 2016 by stu007