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Radio always turned on, playride downstairs

  • 16-01-2007 9:44pm
    #1
    Closed Accounts Posts: 17


    Hi guys,

    I moved since a few days into a new apartment in Cork city center. The apartment is nice but I've got a problem: on the lower floor there's an arcade (or play ride) with slot machines and that stuff. I've got informed before actually coming in if they were producing noise, and the previous tenant told me no absolutely, they were just playing slot machines and that's it.

    Now I find by myself that they have a radio turned on from morning (8am) to late night (midnight or 1am sometimes), and the volume is certainly noticeable, if not irritating!

    I came down already three times but it didn't sort any effect, also because the guy working inside there is not always the same and they have shifted times, since they are open more than 8 hours during a day.

    I called Garda and they told me that issues like this are not under their competence, and I should call the City Hall.

    Meantime I called the agency and they said they cannot do anything about noise, at best they might send a letter asking to lower the volume, but nothing guaranteed. I said ok, send the letter, better than nothing.

    What do you think I can do?

    A solicitor would cost me money.

    Moving would cost money as well (I should pay around 400 euro from the deposit, considering also some stuff that I bought for the apt - around 200 euro in total).

    I don't bother if the neighbor leaves the radio turned on for a couple of hours, but this is continuous, irritating, invasive. 7 days in a week.

    Any help greatly appreciated.



    Regards,
    Fabio


Comments

  • Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    As its an apartment, there is normally a management company associated with the development, and a lease with terms and conditions by which the tenants in the development must comply. A vanilla lease for an apartment complex will normally have a clause about there being no loud noises after 10PM at night (this may be further clarified to include no loud televisions, moving of furniture etc after this hour). It is entirely possible that the lease arrangement for the apartment you are in has similar terms attached to it- in which case the commercial tenant below you may be in breach of their lease obligations. Ultimately the only manner of sorting this may be through legal avenues- however this should be the duty of Management Company or the Landlord rather than the tenant.

    Talk to the agency again and make it clear that you are not willing to accept excuses or half-baked letters asking them to reduce the volume, the sorriest excuse of a solution if ever I heard one....... You have a reasonable expectation to be able to live in relative peace and quiet. If you specifically queried noise levels when renting the place and subsequent events have proven to the opposite, then you rented the property under false pretences. At very worst, were you to vacate the property and move elsewhere, you would quite possibly have a strong case to argue at the PTRB.

    Shane


  • Banned (with Prison Access) Posts: 25,234 ✭✭✭✭Sponge Bob


    your local council can do noise abatement orders , find "Mr Noise" in the council and complain.


  • Closed Accounts Posts: 15,914 ✭✭✭✭tbh


    Hi Fabio -

    if this were me, I would find out the name of the owner or manager of the arcade, and send them a registered letter, copying the local council's environment department, outlining exactly what you want them to do (e.g please turn the radio off after 6pm) and asking them how they intend to deal with the problem. Either they'll agree to do it, or they'll tell you feck off, in which case you can make an official complaint. You need to show that you've made every effort to resolve the problem yourself, and that you are not asking anything any reasonable person would have a problem with.

    all the best,
    tbh


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