Noisy neighbours (building complex)

Karoma

(Assume all reasoning with the unreasonable has been tried and failed.)

Scenario:
There are several apartments in a building complex that blast music at 3am, but take turns which weekend they do it (i.e. It may be several weeks between occurrences from particular apartments, but there will always be at least 1 apartment each weekend).
The building complex has a set of house rules, which form part of the lease that is signed by each tenant.
The building complex has "security", but they don't even try in most instances to do anything as they cannot do anything.


Question:
Under Section 108 of the Environmental Protection Agency Act 1992 and the Environmental Protection Agency Act (Noise) Regulations 1994 - would it be correct/best to pursue legal action against the building complex management company?
What would the best route be?

The_Conductor

Your lease (all apartments have long term leases) will normally specify rules governing noise (e.g. no outdoor activities past Xpm, no music past Ypm etc. If this is constantly being breached- and the Management Company (as opposed to the Management Agent) is aware of it- they are in breach of their contractual obligations to you.

censuspro

I have been through this problem before as I sure have many other people. Have yet to hear of anyone take legal proceedings against a management company.

Keep us posted of how you get on.

harrom

just wondering did you get this issue sorted ,because were in the same situation and our landlord is reluctant to inforce there own rules,how do you make them do that?

Pat Mustard

http://www.irishexaminer.com/archives/2012/1217/world/landlord-fined-30k-for-tenantsapos-actions-217217.html

A group of 13 residents took two cases to the PRTB earlier this year in relation to antisocial behaviour linked to the tenants of two properties in Bishopscourt Drive, owned by West Cork-based landlord Flor Harrington. They outlined a catalogue of incidents, including:

* Violent incidents and fights outside one of the houses;

* Out-of-control parties, excessive noise, and disturbance;

* Drinking alcohol and urinating in public by tenants, or by people connected to them;

* Rubbish, including used nappies, being thrown into neighbouring gardens;

* Cars being driven recklessly and noisily at night in the area, and in the garden of one of the houses;

* One incident where gardaí, who were arresting an individual at one of the addresses, had to use pepper spray after they were attacked by a group of women who were in the house.

Tenants have obligations not to engage in antisocial activities. S.16(h) Residential Tenancies Act 2004.

A landlord owes a duty to enforce such tenants' obligations, where people could be adversely affected by failure to enforce those obligations.