Re: Neighbour complaints about my "noise"?

[weespoon1]

Hi there,

 

I wonder if someone could give me some advice on what to do about my neighbour downstairs. We privately rent our flat and he is a council tenant. Since we moved in a couple of months ago he's made our life an absolute misery and complained about every sound we make. He's even started complaining that he can hear my partner and I having sex at all hours of the day and night and has accused both of us of having multiple partners up for 'sex parties', even at times when both of us are out at work! (we both work full-time Monday-Friday).

 

 

We are both exceptionally quiet people having experienced student halls and the noise that comes with living alongside students (should note we are now well passed the student stage). We never wear shoes in the house, we always wear headphones if we're listening to music, the TV is never loud and neither of us are loud in bed (we're surprised he realised there were people living in the house because we're so quiet).

 

We live in a block of six flats and obviously you can expect to hear people going about their daily life and there's plenty of noises we hear (washing machines, kids running around, people talking etc), but it has got to the point where we can't speak any louder than a whisper without our neighbour complaining at length when we, as well as other neighbours we've spoken to, don't feel we're making excessive noise, and are especially quiet after 10pm.

 

 

We have had to call the police out on one occasion when he was having a very violent fight in the communal stair with two teenagers which resulted in one of them being taken into hospital. He is known to have a history of alcoholism and violence and has made it clear to us that he tried to have the previous tenants evicted for the same reasons (they were loud and he could hear them having sex) and is very passive aggressive in nature so neither myself or my partner feel we can approach him ourselves.

 

He's told us he's made a noise complaint to Edinburgh Council which was regarding a period of time when neither of us were in the flat. We have not been contacted so I am assuming this is an empty threat but we really feel he is continually harassing us about 'nuisance noise' when we're going about our every day lives in a quiet fashion just like everyone else in the block!

 

 

It has gotten to the point where we've contacted the council ourselves to inform them of what we're going through because we can't even walk in or out of our house without being yelled at by this extremely aggressive individual. Our landlord is also aware of the situation.

 

 

Has anyone got any advice on anything else we should do, other than move? I'm not one to concede defeat on something like this but I'm starting to run out of ideas!

 

Thanks

Edited October 30, 2015 by citizenB
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[citizenB]

The only thing I can suggest is that you keep your own record as to what is happening.

 

It must be very frustrating indeed to live somewhere, where every sound from neighbours can be heard. Equally frustrating that people feel they have to creep around their own homes in insulated bubbles to prevent making a sound.

 

I really don't know what to suggest and hopefully others will look in with some constructive advice for you.

[unclebulgaria67]

Move somewhere else when the tenancy allows. Your landlord was probably aware of the situation. I wonder whether if you found out from the landlord, the previous tenants new address, you might contact them to see if they had the same issues. Perhaps say that you get occasional post and would rather forward it if necessary, rather than return to sender. Then the landlord might not be suspicious if you wanting the address.

 

If you find the landlord was aware of this nightmare neighbour, i wonder whether any actions against the landlord are possible. Surely they would have to inform you about this e.g right to a peaceful life and made aware of any significant issues. In Scotland you have many local legal advice centres who provide free help and you might find someone with knowledge to help.

 

I am serious about moving, because you don't know what might happen, given what you say about him. Not worth the risk. In some blocks of flats noise may carry and he is not hearing noise from your flat, but another flat. But he may just want to have a problem with whoever lives in your flat.

 

Given that he is a council tenant causing problems, i doubt the local council will be rehousing him anytime soon. Getting councils to use anti social behaviour orders is difficult, unless they see issues or receive reports from Police. But this could take ages and you should ask whether it is worth putting up with the situation.

 

Not suggesting you do this, but a work colleague had a problem with neighbours and they made an anonymous call to Crimestoppers helpline of suspected drug dealing. About a week later Police raided the neighbours flat and obviously found something, as the tenant did not return.

[obiter dictum]

I would advise taking your concerns to the local authority if he is a council tennant.

I moved into my new place in july and i have my own dedicated housing officer who manages my area. Until i have been here 12 months i am on probation so to speak

 

These housing officers are very good at what they do and you are entitled to quality of life as much as the council tennant. Vexatious claims are common place to them and they take such issues with a pinch of salt

 

A quick sharp word from them knocking at his door might be all that is needed to end this frustration

[mariner51]

Are these private rented flats in Scotland? Ex Council property? Custom built or converted?

What is opinion of other flats' occupants to your neighbour?

It would be for any neighbour to report noise nuisance to Council team AND keep a log.

Flats often have poor sound-proofing. If converted recently with planning permission, your under-floor area should have some insulation between the joists.

Has your flat got fitted carpets or laminate flooring?

[silverfox1961]

Blimey, you could have been talking about a neighbour of mine (before I moved) His upstairs neighbours were so quiet that nobody could hear them but my neighbour did. He could do whatever he liked at all hours of the day but no one was allowed to disturb him.

 

The council and the police sorted him out but not without some extreme effort.

 

Keep a log, record his rantings (if safe to do so) and if you feel unsafe call the police.

 

Do you have post delivered to the previous tenant. If so, could you trace them? did the neighbour do it to them too?

[stu007]

Its not a nice situation to be in but you have been given good advice.

 

1. Keep a written log of every single incident no matter how small. (Incident Log PDF may be of use)

 

2. Speak with the Council Noise Team & Anti Social Behaviour Team and each time something happens report it to them. (as well as logging it)

 

3. Report each incident to the Council Housing Dept and ask for a copy of there complaints procedure.

[FlowersSoles]

what flooring do you have? if its laminate he has a legitimate complaint, if its carpet with no underlay he also has a legit complaint.

however you are walking with no shoes on which i wish my neighbor did, he is an ******** who walks in boots and refuses to take his shoes off. Buy some soft sole slippers but dont tiptoe around that is unreasonable

[andydd]

So its the council tenant who is noisy ?

 

Couple of other avenue, the tenant himself may have signed a rental contract that prohibits noise, anti-social behavior etc, you would need to speak to the owner of the flat (the council).

 

Secondly if its a Leasehold flat, then the actual owner/leaseholder would have a lease, the agree,ment between him and the Freeholder (the council), these nearly always have no noise clauses, if in breach the owner could actually lose his home, in any event he would be responsible for any noise his tenant makes.

 

Situation is a bit complicated if you rent the flat, but your immediate landlord (the flat owner ?), may have rights to take action against the other flat owner via the Freeholder.

 

First step, visit Land Registry for £3 you can get details of the flat owner, freeholder, leaseholder, mortgage company.