Noisy and rude neighbour - Going to court.

lucianot

HI there.

Ok, to make things short, this has been going on now for 7 months. I complained to the landlord and nothing happened, I talked to the guy himself and he laughed at me. Every weekend or any day of the week he decides to have fun we have to withstand noises, antisocial behaviour, etc, etc. I have a record of each incident and some videos as well.

I decided then to bring a complaint to my local district court, it seems you don't need a lawyer and the fee is small.

Has anybody done this before? Any testimonials or comments you can provide?
I already sent the landlord a notification so next week I am going to the court to set the complaint.

Thanks.

Cunsiderthis

Have you talked to the police about it and asked them to have a word?

What is it you are hoping your district court will be able to achieve?

Of course its impossible to have a bad or inconsiderate neighbour, but remember that if you force him to court, and then the court is powerless or doesn't have enough evidence, you are in all liklihood making a bad situation worse.

What does the landlord say?

lucianot

Hi,

Thanks.

1) Garda came and asked them to stop it, they continued.
2) Security personel in the development has already tried to help at least 5 times with no success.
3) I can't contact the landlord directly, is always through the company that administers the area and they told me they can't do anything except askt he landlord who in turn does nothing.

At this stage we already lost some days of work because of lack of sleep, my wife is pregnant, we feel threatened. We could move out but is not the right thing to do.

That's why I am doing this.

Cunsiderthis

lucianot wrote: »

Hi,

Thanks.

1) Garda came and asked them to stop it, they continued.
2) Security personel in the development has already tried to help at least 5 times with no success.
3) I can't contact the landlord directly, is always throught the company that amdinisters the area and they told me they can't do anything except askt he landlord who in turn does nothing.

At this stage we already lost some days of work because of lack of sleep, my wife is pregnant, we feel threatened. We could move out but is not the right thing to do.

That's why I am doing this.

I'm just not sure what it is you are doing, and what it is you are asking the district court to do. Can you explain further and can you explain what action you hope the district court will take?

theg81der

Good on you your dead right!

lucianot

Cunsiderthis wrote: »

I'm just not sure what it is you are doing, and what it is you are asking the district court to do. Can you explain further and can you explain what action you hope the district court will take?

Rigth.

From this source:
http://www.environ.ie/en/Environment/NoiseIssuesConsultationPaper/NeighbourhoodDomesticNoisePollution/
Private Home-Owner:

If the person causing a noise nuisance is a private home owner then obviously the potential remedies outlined above do not apply. In this case, the person experiencing the noise nuisance will have to avail of the remedy provided under the Noise Regulations whereby any individual person, or a local authority, may complain to a District Court seeking an Order to deal with the noise nuisance.


And:


http://www.citizensinformation.ie/categories/environment/environmental-protection/noise_regulations


You should approach the person or business causing the noise and explain that it is a nuisance and try to come to a mutually acceptable solution. If this does not work, your local authority has the same power as individuals to bring noise complaints to the District Court. In addition, local authorities have similar powers to the Environmental Protection Agency in relation to premises, processes and works other than those that require licensing under the Environmental Protection Agency Act. The Environmental Protection Agency can require the person or body to take specific measures to prevent or limit noise. Anyone required to take such specific measures by the Environmental Protection Agency must do so or face prosecution.
If you wish to make a complaint to the District Court, you are not required to be represented by a solicitor, however, you may engage the assistance of a solicitor to help prepare your noise complaint and present this in court. You should consult with the Clerk of your local District Court about an appointment for the hearing of your case and refer precisely to the law relating to your case (Section 108 of the Environmental Protection Agency Act 1992 and the Environmental Protection Agency Act 1992 (Noise) Regulations 1994 (SI No. 179 of 1994).
The appointment for the hearing of your case must be at least 7 days later than the date on which you inform the person responsible for the noise nuisance that you will be taking your case to court. You must use a Environmental Protection Agency Act, 1992 - noise form of notice to inform the person or business that you will be taking them to court. It is important that you use this form of notice only and that you complete it fully and accurately.
The District Court will call both parties together and listens to both sides of the case. If the court finds in your favour, it can order the person or body to limit the noise, reduce the level of noise or stop the noise completely. Any Orders made by the court must be complied with.
Penalties for breach of law

The maximum fine for conviction on breach of noise regulations is €3,000 or 12 months in prison or both.

Cunsiderthis

What proof will the court need about the noise being caused?

lucianot

I called the private security company several times, they keep a record of all the calls. I've sent several faxes explaining all the incidents to the property management company and I am keeping a sheet with all the incidents and a description of times and events. I think I could even provide some witnesses from the security guys and also some other neighbours, however I am the most affected one as my apartment is adjacent to his.
The court can have all this from me and from all I've read on these pages and some solicitor pages that is all you need.

Cunsiderthis

lucianot wrote: »

I called the private security company several times, they keep a record of all the calls. I've sent several faxes explaining all the incidents to the property management company and I am keeping a sheet with all the incidents and a description of times and events. I think I could even provide some witnesses from the security guys and also some other neighbours, however I am the most affected one as my apartment is adjacent to his.
The court can have all this from me and from all I've read on these pages and some solicitor pages that is all you need.

lets hope so. What ruling are you hoping the court will give?

lucianot

I am not sure, probably a fine and an order to keep quiet from 9:00 pm to 9:00 am. Apart from the sense of justice and the satisfaction if we are proven rigth, that's why I am asking this in Boards, to see if someone before as gone through this and talk about the outcome, good or bad.

And I would say, maybe the guy would consider moving out himself.

lucianot

Nobody, I feel so lonely right now!

EC1000

You say that the neighbour is a tenant - have you exhausted your options under the PRTB yet?

http://www.prtb.ie/DownloadDocs/3rd%20Party%20Website%20Dispute%20Information%20Note-August%202009.pdf

lucianot

EC1000 wrote: »

You say that the neighbour is a tenant - have you exhausted your options under the PRTB yet?

http://www.prtb.ie/DownloadDocs/3rd%20Party%20Website%20Dispute%20Information%20Note-August%202009.pdf

Not really, I didn't know about this and obviously the letting agency neither as they refuse to provide the landlord's details.
Thank you very much for this!

pirelli

lucianot wrote: »

Nobody, I feel so lonely right now!

:pac:

What Do I Do?

You must use a Environmental Protection Agency Act, 1992 - noise form of notice to inform the person or business that you will be taking them to court. It is important that you use this form of notice only and that you complete it fully and accurately.
One issue with Irish law regarding noise pollution is that it does not specify an exact noise level or standard that is considered illegal. However, it is clear that if neighbourhood noise is affecting the quality of life of a citizen, then that citizen has a right to complain.


Noise Regulations leaflet
Make Sense of the Law
The principal law relating to noise is Sections 106, 107, and 108 of Part VI of the Environmental Protection Agency (EPA) Act 1992.

Section 108 is designed for individuals to take their own cases to the District Court without the need for a solicitor. It is quite informal and the judges are usually very helpful in getting the facts of the case out. There is some basic information you should arm yourself with, ahead of a District Court Case;

An outline of what the noise is, when you hear it, how long for and what affect it is having on you?

You should have a log of the times and dates you have been affected by the noise.

Be able to outline occasions when you have tried to resolve the issue.

Whether that be speaking to your neighbours informally or through contacting the Gardai.

Mention - if it is the case - that you had no noise issues with previous occupants.

When first making contact with the offending neighbours it is worth pointing how long you lived in the house and also enclose a copy of 'Guide to Noise Regulations' leaflet.
http://www.askaboutireland.ie/aai-files/assets/Environment/Noise1/A-Guide-to-the-Noise-Regulations.pdf

The District Court judge then has the power to grant an order, to deal with the problem. This can then be enforced by the Gardai.

******************************************************************


There are, however, some ways to reduce neighborhood noise from impacting your home and life. Simple things can reduce the noise from the road outside or the dog barking three doors down.


The presidents resident is surrounded by trees and plants, which absorb sound. It is not always possible to have this much land at your disposal, but planting trees around your house will help the environment and reduce you hearing nuisance noise.


Trees and any natural structures to help absorb noise pollution and provide natural sounds into your garden
Design your outside space so that the patio, BBQ or sun loungers are positioned in areas that are away from any source of noise pollution
Interior


Get your house sound checked to indentify any problem areas
Double glazing windows are a must to reduce noise levels
Insulate exterior walls, interior walls, ceilings and attic. This will save you money and reduce noise pollution. It may also be an idea to add extra insulation in any noisy areas
Different textures, surfaces and materials absorb noise, so think about this when decorating your interior
Think about how to let fresh air into your home in other ways, rather than opening windows and doors, which increase noise levels
When planning your home, think about where your windows are to be placed and what noise might come in

Johnny Utah

Pirelli,

The op states that he resides in an apartment, so I think it's safe to say that the noise disturbance is coming from an adjoining apartment- ie. through the wall.... What good will planting dozens of trees in his garden (he probably doesn't even have a garden if he lives in an apartment complex) do to stop this noise disturbance?