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What can I do about Noisy neighbours?

  • 09-02-2022 9:37pm
    #1
    Registered Users Posts: 116 ✭✭CandyButcher


    Basically what the title says..

    I have neighbours in a management company block who party very loudly which was every weekend.. until this time last year I complained to management then they went quiet for a while and now there back having karaoke nights and playing house music.

    Im after launching another complaint with recordings attached clearly shows them screaming like idiots.

    Does anyone know what powers these management companies actually have or is it all they can do is ask their landlord to discuss with the tenants ? and what next steps can I take if they keep ignoring their landlord ?

    I have noticed their landlord is not registered with RTB so I have reported that to the RTB.



Comments

  • Registered Users, Registered Users 2 Posts: 10,139 ✭✭✭✭Caranica


    Are you an owner or a renter? You appear to be mixing up management agents and management companies and the fact that you refer to them as "these management companies" suggests you might not be an owner.

    My advice will differ depending on which you are.



  • Registered Users Posts: 116 ✭✭CandyButcher


    Hi sorry, I am the owner of my home and they are renters. There is a management company who have passed on two of my complaints to their landlord.

    I have sent recordings of the loud karaoke going etc to management to send to their landlord.

    I just want to know what other options I have if this continues… as I can see them going quite for another while then when that wears off go mad again!



  • Registered Users, Registered Users 2 Posts: 1,345 ✭✭✭TheW1zard


    Aren't you as an owner part of the Management company?



  • Registered Users Posts: 303 ✭✭misschoo


    Contact the management Company and call the Guards if the noise is after hours



  • Posts: 18,749 ✭✭✭✭ [Deleted User]


    Don't call the guards, it is nothing to do with them.

    Yours is a civil complaint, not a Garda matter.



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  • Registered Users Posts: 299 ✭✭Jmc25


    Assuming that they're not the type of people who will take a quiet word on board and try to be better neighbours (given you've already complained to the management co, it's a long and arduous path you'll face here.

    On the plus side, you own, they're renting so the management company will take your side and doesn't have to be diplomatic about it like they would if this was an owner.

    Keep up the recording and logging complaints each time it happens. Keep following up with the management company after each complaint and get written confirmation that theyve contacted the landlord. The truth unfortunately is that the management company probably won't be able or willing do much more than this. But it's useful evidence all the same.

    You can open a third party dispute with the RTB, who will also contact the landlord and you can bring a case against them to the RTB. Landlord might be delighted as this will give them the ammo to get rid of tenants who by the sounds of it are problem tenants to begin with.

    Failing all that, you can make a complaint to the district court under (I think) the enviorenmental protection act. The recordings and correspondence with the management company will come in very handy here.

    Essentially they'll eventually get evicted most likely but you need to do everything you can do keep the pressure on the landlord. Good luck.



  • Registered Users Posts: 116 ✭✭CandyButcher


    Thank you for taking the time to make that informative reply. Some valuable advice.

    I am trying hard to move because the soundproof is shocking but still I will keep on at the management company until that magical day I leave.

    thanks again!



  • Registered Users, Registered Users 2 Posts: 5,367 ✭✭✭JimmyVik


    Ive a friend who leased to the council for 10 years.

    Both himself and the management company have been on to the council numerous times about the tenant they placed in the property.

    All the council say is GDPR pfo. And thats it.

    The Gardai wont do anything. They dont even answer anymore.

    Then the management company turned on my friend with all sorts of threats of legal action, as if they werent already doing all they could in tandem with the management company. The solicitor told the management company where to get off and now my friend just ignores the management company. They should have kept him on their side but chose not to, so he has left the problem between them and the council now.



  • Moderators, Society & Culture Moderators Posts: 12,812 Mod ✭✭✭✭riffmongous


    If it happens at night it is a Garda matter isn't it?



  • Registered Users, Registered Users 2 Posts: 798 ✭✭✭FobleAsNuck




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  • Moderators, Society & Culture Moderators Posts: 12,812 Mod ✭✭✭✭riffmongous


    Well if they are not then who is? In other countries (Germany) you contact the local authority to make a noise complaint about someone breaking the local noise ordinances.. but since they don't work during the night, the police take the responsibility for these times. So in Ireland, if your neighbour starts construction work at midnight there's nothing you can do except wait until the next morning?



  • Posts: 18,749 ✭✭✭✭ [Deleted User]


    The gardai have no power as regards noise, anytime of day or night

    If it's an on going issue you can apply direct to the district court yourself, it's a civil matter.



  • Registered Users, Registered Users 2 Posts: 2,455 ✭✭✭FGR


    This. It's a courtesy when gardaí are available to attend addresses and ask the residents to quieten down. Unfortunately there's no criminal sanction against it and many times certain individuals, who have already shown their neighbours they have no regard for them, will slam the door in the guards' face knowing there's little that can be done.

    Technically enforcement of noise regulation falls under the remit of the local authority under the Environment Protection Act 1992 however action rarely taken as most County Councils do not even have the staff, never mind the equipment in place to enforce the regulations.

    Sadly this only leaves the toothless RTB and Courts as a last resort.

    There's a lot that needs to be fixed in this country and giving the County Councils and RTB enforcement powers is one of them.



  • Registered Users, Registered Users 2 Posts: 2,788 ✭✭✭Ottoman_1000


    What? Since when? I remember a few years ago living in an apartment in Rathmines right beside a few students who like to party most weeks. I never complained as it didn't bother me too much, I was at an age where Id be out socialising myself most weeks but the apartment below complained a few times and the guards did arrive. There was never any arrests made but the were warned to lower the music and one night there was a big enough crowd in the place so the guards just moved everyone on.



  • Registered Users Posts: 1,570 ✭✭✭vriesmays


    Spray-paint their front door "cut down the f-in noise".



  • Posts: 18,749 ✭✭✭✭ [Deleted User]


    They were asked to lower the noise and perhaps the residents were not aware that the gardai have no power in this situation. If there are gardai nearby that have a quiet moment, they may call and ask, but it's hard to get gardai at a quiet time! Usually you will be told if you ring that they have no powers.

    There was no arrests, because there is no power to arrest, in fact, there is no power to do anything. If they moved people on, those people were not in a private residence, they were in a public place.



  • Moderators, Society & Culture Moderators Posts: 12,812 Mod ✭✭✭✭riffmongous


    Wow that's interesting, so there's nothing you can do? What if it's perceived as threatening or making the neighbours nervous? So it's not a noise issue exactly anymore



  • Registered Users, Registered Users 2 Posts: 19,031 ✭✭✭✭Del2005


    Threatening behavior is when they are outside making threats or fighting in the street. If you call to the door and they tell you to F Off that's not threatening behavior. It you call to the door too often you can be done for harassment.

    You have antisocial neighbours not threatening neighbours.



  • Posts: 18,749 ✭✭✭✭ [Deleted User]


    Threatening behaviour is completely different.

    Just noise disturbance, that's not criminal



  • Registered Users, Registered Users 2 Posts: 798 ✭✭✭FobleAsNuck


    so you remember an occurence therefore it's the law?

    or am I missing somerthing?



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  • Registered Users, Registered Users 2 Posts: 2,788 ✭✭✭Ottoman_1000


    I was just discussing that I didn't realise that this was not something within the guards control and was giving an example of a situation that happened to me in the past. Where did I state that this was in fact the law?



  • Posts: 0 ✭✭✭✭ Santos Unsightly Stadium


    Have had serious problems with noise from my next door neighbour, I really sympathise OP because it had a massively negative impact on our quality of life.

    The only thing that sorted it for me was absolutely hounding the landlord until he removed some of the people from the house. I tried calling into them, I tried letters through the door, I tried calling the gards, none of them gave a ****.



  • Posts: 0 ✭✭✭ [Deleted User]




  • Posts: 2,827 [Deleted User]


    In Germany the Police/Ordnungsamt can and do confiscate the speakers and issue fines

    cranky old neighbours often complain about their neighbours and exagerate the noise.


    If Police arrive and there is unacceptable noise then they will be addressing it there and then.



  • Moderators, Category Moderators, Computer Games Moderators, Society & Culture Moderators Posts: 8,527 CMod ✭✭✭✭Sierra Oscar


    They're in a private dwelling. There is nothing the Gardaí can do unless acting on a court order.



  • Registered Users, Registered Users 2 Posts: 695 ✭✭✭houseyhouse


    I’ve called the guards about neighbours in the past. I do feel bad about bothering them but my understanding was that if you want to get an rtb judgement against your neighbours you need to have proof of each occasion they’ve disturbed you. Otherwise it becomes a he-said-she-said type situation. Is this not true?

    I also know some people who were threatened with anti social behaviour orders by the community guard because their neighbour kept complaining about them making noise. The neighbour was a real old biddy who thought they were closing the doors too loudly etc.



  • Moderators, Category Moderators, Computer Games Moderators, Society & Culture Moderators Posts: 8,527 CMod ✭✭✭✭Sierra Oscar


    Gardaí will keep a record of any callouts undertaken, but the data will not be shared with the RTB. You could request your own records and submit them to the RTB, but references to your neighbours will be redacted and they definitely will not be named for data protection reasons. Now that's not to say you necessarily shouldn't call the Gardaí, sometimes a knock on the door is all that is needed to persuade someone to keep the noise down. Just worth noting that if someone tells the Garda to **** off and shuts the door in their face then there is not much else they can do.

    You should keep your own written records of complaints to RTB, keep a diary documenting the anti-social behaviour and audio recordings of the noise. All of that will be accepted by the RTB when they are considering a judgement.

    It would be difficult for a Garda to get a behaviour warning for noise related complaints. It's a civil order restraining a person from acting in a certain manner and it is incumbent on a Garda Superintendent to prove in court that a person behaved in an anti-social manner. Gardaí have no power of entry to enter a dwelling on foot of a noise complaint, so it's extremely difficult to prove beyond doubt that one particular person was responsible for the creation of the noise in the household. It could be a good threat to use to deter bad behaviour, but when push comes to shove it would be difficult to secure an order.

    If a noisy neighbour is making your life miserable then you can make a complaint to the District Court under Section 108 of the Environmental Protection Agency Act, 1992 (i.e. civil proceedings). The District Court can issue a court order and any breaches are dealt with by way of a fine and / or imprisonment.



  • Registered Users, Registered Users 2 Posts: 3,772 ✭✭✭Dakota Dan


    This is like an episode of fear thy neighbour, many of those situations end in disaster, at least the majority of Irish aren’t armed.



  • Registered Users, Registered Users 2 Posts: 4,426 ✭✭✭maestroamado




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  • Registered Users, Registered Users 2 Posts: 5,367 ✭✭✭JimmyVik




  • Registered Users, Registered Users 2 Posts: 4,426 ✭✭✭maestroamado


    Well maybe it stopped but i have often heard of Gardai called to noisy parties... it may be that this practice has stopped...



  • Registered Users, Registered Users 2 Posts: 5,367 ✭✭✭JimmyVik


    As has been pointed out many times in this thread. They can be called, but they cant do anything except ask nicely. And if refused, they have to leave with their high vis tails between their legs.



  • Posts: 18,749 ✭✭✭✭ [Deleted User]


    There are.

    They are not criminal laws and gardai have no powers in relation to them.



  • Registered Users, Registered Users 2 Posts: 4,426 ✭✭✭maestroamado





  • Registered Users, Registered Users 2 Posts: 7,818 ✭✭✭Fann Linn


    It is a civil matter, however there is a benefit to calling the Gardai.

    I took a successful case myself against my neighbours for noise/ anti social behaviour etc at all hours of the day and night over approx a year.

    In addition to keeping my records of the incidents I also rang the Gardai regardless of the time, day or night, sought the name of the Garda I was speaking to and reported the matter.

    Some guards took the 'civil case' line however in fairness to others some did actually come out.

    All that aside, it meant that when I did go to court, I had a nice litany of occasions backed up by times and dates and who I spoke to in my nearest station.

    I won my case hands down, the two scum bags were bound to the peace on threat of jail, and they moved out about three months later.

    It also set a benchmark for the new tenants

    Bliss.



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  • Registered Users, Registered Users 2 Posts: 4,426 ✭✭✭maestroamado


    Well really it is just a matter of making the laws brought in during Covid to cover this permanent... Not much having a force that cannot protect citizens...



  • Posts: 18,749 ✭✭✭✭ [Deleted User]




  • Registered Users, Registered Users 2 Posts: 19,031 ✭✭✭✭Del2005


    Sound recordings with time stamps would have had the same result without the need to waste Garda resources.



  • Registered Users, Registered Users 2 Posts: 25,796 ✭✭✭✭Strumms


    The Gardai have power..

    Look the the section covering domestic… the Gardai are the responsible authority l




  • Registered Users, Registered Users 2 Posts: 4,426 ✭✭✭maestroamado


    The Gardai were given powers to break up parties during Covid... it may be you not living in Ireland...



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  • Posts: 18,749 ✭✭✭✭ [Deleted User]


    I know exactly what powers they were given.

    And they were given as part of temporary emergency measures for public health reasons. No one wants an extension of that legislation. No one wants to live in North Korea!

    If you read the thread you will see what legislation covers noise issues in Ireland and exactly what people can do. It is not, nor should it be a criminal offence.



  • Registered Users, Registered Users 2 Posts: 4,426 ✭✭✭maestroamado


    So the OP will likely have to go to court to resolve... seems bit unfair that no system to resolve other than courts... i did not suggest that it be criminal offence... there are very few criminal offenses in this country as most i see are overturned on appeal...



  • Registered Users, Registered Users 2 Posts: 7,818 ✭✭✭Fann Linn


    Sound recordings wouldn't have got those Guards out that did come out.



  • Moderators, Category Moderators, Computer Games Moderators, Society & Culture Moderators Posts: 8,527 CMod ✭✭✭✭Sierra Oscar


    Only if acting on a Court Order. If you can point out a statutory power other than that, please do!

    They have absolutely no power to compel someone to turn off music / keep noise down if its emanating from a domestic dwelling - unless acting on a Court Order. Usually a Court Order secured by someone still wouldn't even give them that power, the complainant has to bring the matter back before the Judge who issued the order if there has been a breach of the order and then enforcement action may be taken by the Judge (i.e. issue a fine or impose a custodial sentence).

    There really should be a more streamlined process for issues such as this, it's far from ideal. Especially for people living in apartment developments.



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