Noisy Neighbour

roper1664

Hello, I'm a home owner and my neighbour, who is renting, is very noisy, right now his band are practicing (bass, drums and guitar). We wouldn't be able to hear the tv, chat or concentrate on anything. I plan on sleeping at 10 but I won't be able to until he is finished. This has been a problem for years and I have spoken to both him and his landlord in the past a few times and things have improved/disimproved in waves.

I haven't been here much over the last year. But I'm now back living here full time.

My plan is to speak to the neighbour politely tomorrow. And I will also tell him that I'm ok with him practicing as much as twice a week in the afternoon for an hour or two, at a push. And that if there are any further problems, I will be writing his landlord.

My understanding is that the landlord has to give his tenant a written warning, and, if there are any further complaints from me, that his tenant will be evicted. This is based on my memory of what my rights are from reading boards etc. a few years back.

Can anyone confirm if this is correct, or am I way off the mark? I understand that if my neighbour owned the property things would be more complicated, as I would need an engineer's report of the decibel levels over time, but this isn't the case in this scenario, as my neighbour is renting. Thanks for reading and for any constructive feedback.

antix80

<SNIP>

roper1664

antix80 wrote: »

<SNIP>

Thanks for your reply but I want to allow both of us to stay amicable and for him to show the same respect I show him. And keep things legal and stay true to my Morals.

Caranica

Make a 3rd party complaint to the RTB.

roper1664

Caranica wrote: »

Make a 3rd party complaint to the RTB.

Would this likely have a positive outcome i.e., I don't want it to become a case of "I said", "he said" and no enforcement follows, and things get worse from hthe other party, out of spite?

punisher5112

He can play 7 days a week of he wants to and nothing you can do about it.

Up till 11 and 7 in the morning is quiet time so if it were inside this window your complaints would be valid.

Better sound proofing, windows etc may help.

Could be something they would be willing to look at but doubt it very much as you say they're renting.

Graham

roper1664 wrote: »

Would this likely have a positive outcome i.e., I don't want it to become a case of "I said", "he said" and no enforcement follows, and things get worse from hthe other party, out of spite?

It's had positive outcomes in the past.

Tenant has an obligation not to do anything antisocial, landlord has a duty of care to neighbours to enforce the tenants obligation.

Anti-social is behaviour that prevents or interferes with the peaceful occupation by any person residing in a dwelling (“neighbourhood dwelling”) in the vicinity of the dwelling or the property containing the dwelling concerned, of that neighbourhood dwelling.

Above is paraphrased from the residential tenancies act but that's the gist of it.


I would continue speaking to the tenant to try and resolve. Notify the landlord of each occurrence. Follow up with the RTB if necessary.

More Info Here: Third Party Dispute Resolution Service

Odelay

punisher5112 wrote: »

He can play 7 days a week of he wants to and nothing you can do about it.

Up till 11 and 7 in the morning is quiet time so if it were inside this window your complaints would be valid.

Better sound proofing, windows etc may help.

Could be something they would be willing to look at but doubt it very much as you say they're renting.

Where are you getting this information from?

Yellow_Fern

roper1664 wrote: »

Hello, I'm a home owner and my neighbour, who is renting, is very noisy, right now his band are practicing (bass, drums and guitar). We wouldn't be able to hear the tv, chat or concentrate on anything. I plan on sleeping at 10 but I won't be able to until he is finished. This has been a problem for years and I have spoken to both him and his landlord in the past a few times and things have improved/disimproved in waves.

I haven't been here much over the last year. But I'm now back living here full time.

My plan is to speak to the neighbour politely tomorrow. And I will also tell him that I'm ok with him practicing as much as twice a week in the afternoon for an hour or two, at a push. And that if there are any further problems, I will be writing his landlord.

My understanding is that the landlord has to give his tenant a written warning, and, if there are any further complaints from me, that his tenant will be evicted. This is based on my memory of what my rights are from reading boards etc. a few years back.

Can anyone confirm if this is correct, or am I way off the mark? I understand that if my neighbour owned the property things would be more complicated, as I would need an engineer's report of the decibel levels over time, but this isn't the case in this scenario, as my neighbour is renting. Thanks for reading and for any constructive feedback.

Is it a house or apartment? What year and type of build?

handlemaster

I'm sure if you took a case with the PRTB the landlord would have to fork out. The landlords are held to account like they are in control of the tenants mammy and daddy.

roper1664

Graham wrote: »

It's had positive outcomes in the past.

Tenant has an obligation not to do anything antisocial, landlord has a duty of care to neighbours to enforce the tenants obligation.

Anti-social is behaviour that prevents or interferes with the peaceful occupation by any person residing in a dwelling (“neighbourhood dwelling”) in the vicinity of the dwelling or the property containing the dwelling concerned, of that neighbourhood dwelling.

Above is paraphrased from the residential tenancies act but that's the gist of it.


I would continue speaking to the tenant to try and resolve. Notify the landlord of each occurrence. Follow up with the RTB if necessary.

More Info Here: Third Party Dispute Resolution Service

Thank you sir, that's exactly what I was looking for.

Got enough sleep to get up at 5:45 this morning, so will hold off on complaints etc. for now.


For those who mentioned sound proofing etc., It's an old house in Dublin, and sound comes through the walls, fireplace, attic and under the floor!

Thanks everyone for your input.