Noisy Next door neighbours

BeanieBaby

Any suggestions as to how to deal with this, please.

Summer has come once more, next door, and with it loud boozy parties that go on and on and on, sometimes from Thursday through to Sunday (they've started early this week, they're at it again now and the dogs are howling at the wall!!)

I can tolerate so much, but next year I have a child doing state exams and the last thing I need is my child messing up exams because of the eejits next door.

Usually hate calling the Gardai coz they have more important things to do, and even then when they do call the noise goes down for 15 minutes and then up again.

The residents couldn't be arsed if I asked them to stop, nor could the home owners.

Please, other than something illegal, what can I do?

Kess73

I take it that it is a rented house then.

I had a similar problem. What I did was phone the home owner at the times that I was being woken up at. So if those renting the house were making extreme noise at say 3 am midweek, then the owner got a call from me and was told to either get there and sort it or I was reporting it to the Gardai and would be passing on his details to the Gardai so that it would be on record for when I would be getting in touch with the local authorities to see what could be done.


Funnily enough after getting called at the early hours of the morning and being told that I would be taking it further if it continued, the tenants were moved on as it turned out that the landlord was not paying tax on the income.










Obligations of a tenant in private rented accommodation

pay your rent on time.
keep the property in good order.
inform the landlord if repairs are needed and give the landlord access to the property to carry out repairs.
give the landlord access (by appointment) for routine inspections.
inform the landlord of who is living in the property.
avoid causing damage or nuisance.
make sure that you do not cause the landlord to be in breach of the law.
comply with any special terms in your tenancy agreement, verbal or written.
give the landlord the information required to register with the PRTB and sign the registration form when asked to do so.
tell the landlord before the last month of a fixed-term tenancy of more than six months if you intend to avail of protection under Part 4 of the Residential Tenancies Act 2004 (e.g. stay in the property for up to four years). You should note that it may be more difficult to assert your rights if you have broken conditions of your tenancy.




The two in red would be the ones that would be in your favour when contacting the house owner and Gardai. As the tenants are causing a nuisance, and if you inform the house owner and he ignores it, you can contact the Gardai as the tenants have now caused the house owner to neglect his duties.




Obligations of a landlord
You must:


register the tenancy with the PRT
provide your tenant with a rent book or statement of rent paid
make sure that the property meets certain minimum standards
repair and maintain the interior of the property to the standard it was in at the start of the tenancy
repair and maintain the structure of the property
reimburse tenants for any repairs they carry out which are your responsibility
insure the property (if it is impossible to get insurance, or if the cost is unreasonable this obligation doesn't apply)
provide the tenant with information about any agents authorised to deal on your behalf (e.g. management companies, agencies, personal representatives)
ensure the tenant knows how to contact you (or your agent)
give tenants 28 days notice of a rent review
provide tenants with a valid notice of termination (in writing) if terminating the tenancy
return deposits to the tenant (unless the tenant has not paid the rent or has damaged the dwelling)
You must also make sure that the tenants meet their obligations. Anyone that is affected by your tenants' failure to meet their obligations can make a complaint against you to the PRTB. See 'Tenants' rights and obligations' for more on these obligations




Failure by the house owner to stop the noise would allow you to report him and take legal action against him.

BeanieBaby

The home owners are family who live abroad and whom I can't contact.

Thanks for the lengthy thumbs up on the rental issues though - I appreciate the trouble you've gone to.

concussion

There was new legislation passed regarding noise pollution - basically the Gardai can now issue on the spot fines without having to drag stuff like this through the courts. I can't remember the name of the Act/amendment but someone here should...nudge nudge Foinse...

The Blonde One

Sorry for hi-jacking this thread, but recently people have moved into a house behind me. They're grand on the week nights, but on Friday nights and Saturday nights they throw house partys that start at about 3am and might not finish till 11am. They stand outside the house rather than going inside and spend hours roaring at each other (1 night I thought there was a major fight going on, turns out they were just talking to each other). Is there anything I can do about this? I'd prefer not to approach them as they sound fairly scummy, but I dread the weekends now.

zuroph

this new on the spot fine should help a lot of people sort this out.

tomcollins97

The Blonde One wrote: »

Sorry for hi-jacking this thread, but recently people have moved into a house behind me. They're grand on the week nights, but on Friday nights and Saturday nights they throw house partys that start at about 3am and might not finish till 11am. They stand outside the house rather than going inside and spend hours roaring at each other (1 night I thought there was a major fight going on, turns out they were just talking to each other). .

Are they staning at the front or back of the house?

There is more but below is just a smaple of what offecnces may be comitted if they are at the front of the house

From Criminal Justice (Public Order) Act, 1994 .
http://acts.oireachtas.ie/print/zza2y1994.1.html

"dwelling" includes a building, vehicle or vessel ordinarily used for habitation;

"private place" means a place that is not a public place;

"public place" includes—

( a ) any highway,

( b ) any outdoor area to which at the material time members of the public have or are permitted to have access, whether as of right or as a trespasser or otherwise, and which is used for public recreational purposes,

( c ) any cemetery or churchyard,

( d ) any premises or other place to which at the material time members of the public have or are permitted to have access, whether as of right or by express or implied permission, or whether on payment or otherwise, and

( e ) any train, vessel or vehicle used for the carriage of persons for reward.

Intoxication in public place.
4. —(1) It shall be an offence for any person to be present in any public place while intoxicated to such an extent as would give rise to a reasonable apprehension that he might endanger himself or any other person in his vicinity.

(2) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £100.

(3) Where a member of the Garda Síochána suspects, with reasonable cause, that an offence under this section or under section 5 or 6 is being committed, the member concerned may seize, obtain or remove, without warrant, any bottle or container, together with its contents, which—

( a ) is in the possession, in a place other than a place used as a dwelling, of a person by whom such member suspects the offence to have been committed, and

( b ) such member suspects, with reasonable cause, contains an intoxicating substance:

Provided that, in the application of this subsection to section 5 or 6, any such bottle or container, together with its contents, may only be so seized, obtained or removed where the member of the Garda Síochána suspects, with reasonable cause, that the bottle or container or its contents, is relevant to the offence under section 5 or 6 which the member suspects is being committed.

Disorderly conduct in public place.
5. —(1) It shall be an offence for any person in a public place to engage in offensive conduct—

( a ) between the hours of 12 o'clock midnight and 7 o'clock in the morning next following, or

( b ) at any other time, after having been requested by a member of the Garda Síochána to desist.

(2) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £500.

(3) In this section "offensive conduct" means any unreasonable behaviour which, having regard to all the circumstances, is likely to cause serious offence or serious annoyance to any person who is, or might reasonably be expected to be, aware of such behaviour.

Threatening, abusive or insulting behaviour in public place.
6. —(1) It shall be an offence for any person in a public place to use or engage in any threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace or being reckless as to whether a breach of the peace may be occasioned

tomcollins97

There are also some provisions under the Environmental Protection Agency Act, 1992

Such as,

http://www.irishstatutebook.ie/1992/en/act/pub/0007/sec0108.html#zza7y1992s108

http://www.irishstatutebook.ie/1992/en/act/pub/0007/sec0107.html#zza7y1992s107

http://www.irishstatutebook.ie/1992/en/act/pub/0007/sec0106.html#zza7y1992s106

I had a simialr expericence in an apartment. I call to the Gardai across the road at about 2am to complain about the 'rave' two floors down. They said they could not do anything. I called again at 4am and I think they took pity on me and two Gardai came back over to the block. Aftre much banging of trucheon on the door it was eventually opened and the Gardai were 'invited' in. The noise did stop. I was lucky that the mgmt company are a well known estate agent. I called them the folloing day and informed them of the incident and the visit by the gardai. The tennants were removed by close of business that day. I would suggent that you report each incident to the Gardai, whilst not expecting a call out, so that it is officially logged, that way when you do contact the landlord you have proof of the continuous nature of the noise.

Good luck!

irishvamp90

hey beaniebaby and the blondeone where do you live?in raheen a pretty quiet we have 2 houses being rented out to scobes and their at the same thing

Stab*City

i live in the raheen area.. two houses within shouting distance of me regularly have house parties which usually dont start till 3 in the morning.. U know what i do, i turn over and go to sleep!! i accept that if they are your next doors it may be alot harder to do this especially if the music is loud and their vioces have to be louder.. But i have been back to many parties and made lots of noise myself so i hate to be a party pooper like you guys..

irishvamp90

Not fair on families.12 or 1 o clock maybe.my parents dont like the scummy house parties with scobes coming and going all hours,least they can expect is a quiet life

irishvamp90

And you think that is acceptable for older people and kids to put up with?

Millie

I'm in the exact same boat & it is wearing.
The neighbours are the scum of the earth with what seems like about 20 children living in a shell of a house.
As I live on my own I am very wary of calling the Guards as the finger would automatically point at me & I would be afraid of what the reprecussions.
In fact the "mother" of the house was roaring such abuse at the children last week that I rang the operator for the number for Social Services but chickened out as again was afraid for me.

The Blonde One

Thanks for all that info tomcollins, you're very good for looking it up. Only thing is, I don't think they're renting. The house is only newly built...it could be social housing maybe...I'll have to suss it out first.
Stab*City, since when is wanting a proper night's sleep being a party pooper? Fair enough, if the party was over at 3 or 4, or even 5, I'd be able to catch a few zzzs, the last one went on until 11 am though....that's a bit crappy imo. Oh, and I'm well able to enjoy myself without acting like a student.
They moved in about 2 months ago, and I'd say they've kept me awake for bout 5 weekends. And they thrive in the nice weather.....damn the sunshine

irishvamp90

Hi blonde one that really sucks,where abouts are you living?People on social housing should be very grateful but it seems to have a bad rep because scobes get up getting it

The Blonde One

PM sent

tomcollins97

The Blonde One wrote: »

Thanks for all that info tomcollins, you're very good for looking it up. Only thing is, I don't think they're renting. The house is only newly built...it could be social housing maybe...I'll have to suss it out first.
Stab*City, since when is wanting a proper night's sleep being a party pooper? Fair enough, if the party was over at 3 or 4, or even 5, I'd be able to catch a few zzzs, the last one went on until 11 am though....that's a bit crappy imo. Oh, and I'm well able to enjoy myself without acting like a student.
They moved in about 2 months ago, and I'd say they've kept me awake for bout 5 weekends. And they thrive in the nice weather.....damn the sunshine

If they own the house it is the same - you are entitled to a quite life and not be intimidated. make sure when you call the garda that you mention that you feel intimated by the numbers of people.

D-A-V-E

best thing to do is throw an intimidating letter in their box from anonymous, saying the residents in this area dont put up with noise and should it continue we will be forced to take it into your own hands etc etc..

or..

if you know their phone number, and if not try to locate it..give them an intimidating phone call pretending your some absolute scumbag and 'the boys' will call around if the noise continues!

Melion

Same thing happening in Westbury, especially during the nice weather recently. Its across a small building site from me but it is still very very loud.

source

D-A-V-E wrote: »

best thing to do is throw an intimidating letter in their box from anonymous, saying the residents in this area dont put up with noise and should it continue we will be forced to take it into your own hands etc etc..

or..

if you know their phone number, and if not try to locate it..give them an intimidating phone call pretending your some absolute scumbag and 'the boys' will call around if the noise continues!

DO NOT DO THIS!!!!! this makes a small complaint for you into a big big complaint for them. It's known as harassment and carries a much heavier sentence than a breach of the peace, If you're having problems, call the Gardaí.

zuroph

concussion wrote: »

I can't remember the name of the Act/amendment but someone here should...nudge nudge Foinse...

foinse wrote: »

DO NOT DO THIS!!!!! this makes a small complaint for you into a big big complaint for them. It's known as harassment and carries a much heavier sentence than a breach of the peace, If you're having problems, call the Gardaí.

nudge nudge, whats the answer to this Foinse?

Stab*City

The Blonde One wrote: »

Thanks for all that info tomcollins, you're very good for looking it up. Only thing is, I don't think they're renting. The house is only newly built...it could be social housing maybe...I'll have to suss it out first.
Stab*City, since when is wanting a proper night's sleep being a party pooper? Fair enough, if the party was over at 3 or 4, or even 5, I'd be able to catch a few zzzs, the last one went on until 11 am though....that's a bit crappy imo. Oh, and I'm well able to enjoy myself without acting like a student.
They moved in about 2 months ago, and I'd say they've kept me awake for bout 5 weekends. And they thrive in the nice weather.....damn the sunshine

Well thats fair enough everyones situation is different.. if its every night then i can see why u would be annoyed..

BeanieBaby

Sorry about the delay in getting back but I had two rather long replies typed out earlier today and both disappeared into cyberspace.

I didn't reply yesterday because my brain was frazzled and I had to work late.

Thanks everyone so much for your contributions. Tom (Collins) I really appreciate the legal advice, I will continue to refer back to it.

The party went on until almost 5.00am, yesterday morning, concluding with a colourful domestic that went on for half an hour on the road, going up and down, crying and shouting.

We had to be up yesterday morning before 8.00am, and following breakfast I went next door and tried to speak with them. Needless to say there was no answer at the door.

Yesterday morning, I went to Mayorstone Garda Station (we're living on the North side of town) and spoke to a very helpful female garda. She took the name of the owners of the house and I explained the situation.

To cut a long story short, she told me to report any such incidents to the Gardai in future and to ask for the complaints to be logged. She has promised to put the local community liaison officer in touch with me - to date I have had no contact. If there are enough infractions, we can get an injunction against the individuals concerned.

Yesterday afternoon, I called again to the house and spoke with one of the individuals responsible for the noise. I asked, politely, if the noise could be kept down between the hours of 12.00 midnight and 8.00am. I was given a curt "YES" and the door was slammed in my face. I'm not entirely convinced that my concerns were taken seriously.

In the meanwhile, I'm logging all actions in my diary: times the noise commences and ends. Any interactions with myself and either nextdoor or the Gardai.

Stab City - I'm not a spoil sport. There were kids in the estate who were doing French and History exams yesterday. Which is fairer - keep the noise down during the week or **** up the rest of someones life?

Irish Vamp and The Blonde One - Thanks for your contributions. Its good to know I'm not alone.

Regarding the type of people involved - they're middle class scobes. Drive the car, study the course, have the holidays abroad, get drunk and don't pay any rent coz Mummy and Daddy are bankrolling them. And don't care less about anyone else.

Meanwhile the home owners couldn't be arsed - they're abroad, what can they do? And those in the house are over 18, so they are legally independent.

Apart from the fact that I've been feeling like death warmed up for the last couple of days, I have a child doing the leaving cert this time next year. I don't need the hassle of her getting so stressed that she has a breakdown, because of whats going on here.

Regarding the anonymous letter - I agree with Foinse. Don't do it on any account. You lose all credibility with the very people you need on your side: The Gardai. Don't descend to their level. If the issue ends up in court, you need to be a credible witness. As far as I know, in criminal cases (as these things are likely to be) the state takes the case against the defendent and the victim acts as witness. Discrediting the chief witness diminishes the case against the defendent.

Thanks everyone, so much, for contributing here. It would appear this is not an isolated case. Tomorrow is Friday, who knows what the weekend will bring.

irishvamp90

Is it a house with parents or is it just college students renting?