Noisy Neighbours

Klonker · 08-08-2018 9:11pm #1

As the thread title suggests, I have a very noisy neighbour. I moved into a brand new ground and first floor duplex and on the second floor directly above is another apartment. The occupants are a young couple with a 2 year old child.

The problem is the child is constantly running around making noise like someone is hammering in nails and it can continue for hours at a time. It may sound like I'm making a big deal out of nothing but it can really be unbearable at times and is really hampering our enjoyment of our new home. There were no problems until they moved in a month ago.

I've already called to their door twice explaining the hassle they are causing us and they say they will try minimise the noise but there has been no real change.

So short story long, what are my options? Can I complain to the management company? I doubt anything would happen if I did. I'm pretty sure it is a social housing home as I can see from PPR site that it was sold for less then all other identical apartments in the development, any point complaining to the council? I also think that the man is not supposed to be living there though I have no proof for this, just a feeling. Would it be bad of me to pass this on to the council? Would it make any difference anyway?

Also all owners were supposed to put down the correct sound minimising underlay for their floors, is there any way to check or enforce this in a neighbours home?

Stanford · 08-08-2018 9:14pm

Do you know if the neighbouring house is rented from a Local Authority?

Klonker · 08-08-2018 9:21pm

It's not a HAP rented apartment if that's what you mean. I'm fairly sure the council own it and rent/gave it to the current occupants.

Telly · 08-08-2018 9:23pm

We have the same issue. Management company said our only option is court like some of our other neighbors as we’ve tried everything and now we’ve hit a brick wall so that’s our next step unfortunately

It’s just drama no one wants but the judge will make them sound proof their floors. For now you need to document everything. That’s what we’ve been told.

Stanford · 08-08-2018 9:26pm

I would formally write (Registered Post) to the Local Authority on the assumption that they are ultimately the Landlord and outline my complaint and stating that you have already complained to the Occupier, let them deal with the matter and give them 10 days to respond, cease any interaction with the occupier in the interim to avoid complicating matters

Sleeper12 · 08-08-2018 9:36pm

I wonder is it bad soundproofing that's the real issue. Children make noise. Children run up and down. The child could be autistic or have ADHD. In a modern building this shouldn't be a problem imo

Stanford · 08-08-2018 9:39pm

Sleeper12 wrote: »

I wonder is it bad soundproofing that's the real issue. Children make noise. Children run up and down. The child could be autistic or have ADHD. In a modern building this shouldn't be a problem imo

The reason for the noise is not the OP's problem, he is entitled to "quiet enjoyment" of his home

Klonker · 08-08-2018 9:43pm

Sleeper12 wrote: »

I wonder is it bad soundproofing that's the real issue. Children make noise. Children run up and down. The child could be autistic or have ADHD. In a modern building this shouldn't be a problem imo

In what way shouldn't it be a problem, that I shouldn't be able to hear it or I shouldn't complain about it?

imp1 · 08-08-2018 9:44pm

How new is the apartment?

If less than about 2 years it should meet Part E of the building regs for noise, including impact noise, which seems to be the main problem.

Are you an owner occupier?

As part of your completion certificate you should have the results of Part E testing, might be worth looking into?

Sleeper12 · 08-08-2018 9:52pm

Klonker wrote:

In what way shouldn't it be a problem, that I shouldn't be able to hear it or I shouldn't complain about it?

Sorry. I meant that in a modern building you shouldn't hear it to the extent that you are. You are quite entitled to complain to the management company

If the soundproofing is bad then it's not the upstairs tenants fault & you should be able to get out of the lease & get a full refund on your deposit

paddyirish23 · 08-08-2018 9:54pm

Stanford wrote: »

The reason for the noise is not the OP's problem, he is entitled to "quiet enjoyment" of his home

Surely to god if you buy something with an apartment overhead your going to have some sort of noise and should've had that in mind when buying the place? Maybe the child is autistic, I've 1st hand experience of it and believe me it's not anyone's fault if they're noisy!

Sleeper12 · 08-08-2018 9:55pm

Stanford wrote:

The reason for the noise is not the OP's problem, he is entitled to "quiet enjoyment" of his home

The reason for the the noise is very important here. On one side it could be the tenants above at fault or on the other side it could be the building itself at fault. Two different problems handled in two totally different ways.

riemann · 08-08-2018 10:02pm

paddyirish23 wrote: »

Surely to god if you buy something with an apartment overhead your going to have some sort of noise and should've had that in mind when buying the place? Maybe the child is autistic, I've 1st hand experience of it and believe me it's not anyone's fault if they're noisy!

Not quite.

There is an area of expertise called acoustics where noise transfer can be reduced if not eliminated.

In the long run, if you're only renting best case senario is just move. Several quiet evenings will be ruined before any floor upgrade works will commence, and it will require a lot of time on your part to even make that a possibility.

Telly · 08-08-2018 10:06pm

riemann wrote: »

Not quite.

There is an area of expertise called acoustics where noise transfer can be reduced if not eliminated.

In the long run, if you're only renting best case senario is just move. Several quiet evenings will be ruined before any floor upgrade works will commence, and it will require a lot of time on your part to even make that a possibility.

What if both are owner occupiers?

Sleeper12 · 08-08-2018 10:11pm

Telly wrote:

What if both are owner occupiers?

It can go to court. Possible outcome is both parties are ordered to improve soundproofing.

punisher5112 · 08-08-2018 10:15pm

If you honestly want peace and quiet city living and especially apartment living is the last place I would be.

If there are wooden floors fitted then this causes so much noisse instead of carpet.

Klonker · 08-08-2018 10:24pm

OP here, apartments are brand new, we moved in in February and neighbours June/July. If the problem is the build quality who should I take that up with?

The child isn't autistic as the parents didn't mention this in the both times I've made a complaint. I've never once scene them in the communal outside are with the child, they are happy to let him run up and down the apartment all day.

The nose is still going on now at 22.15, the night I first complained was 23.15. On Sunday morning it started at 8.00 and woke us up. We are not being unreasonable, the noise is unlivable with. We can hear it above our television sound if upstairs. Its not a few steps a night, its the running up and down the apartment over 100 times an evening/night.

I think I will start with complaining to management company about Part E noise requirements and get them to test it, if they don't I will get it tested myself as I don't see any other option.

Caranica · 08-08-2018 10:28pm

The management company is the first port of call, they will also be able to contact the owner. There was a thread on here years ago about someone who ended up suing not only the owner of the upstairs unit but also the management company for failing to enforce the development rules. Iirc they won but it took a long time and wasn't cheap.

Sleeper12 · 08-08-2018 10:40pm

Klonker wrote:

The child isn't autistic as the parents didn't mention this in the both times I've made a complaint. I've never once scene them in the communal outside are with the child, they are happy to let him run up and down the apartment all day.

I'm autistic and so is my 23 year old son. I don't tell everyone that knocks at my door. It would also be unusual to have a diagnosis at two years of age.

Being autistic myself I totally understand how noises can really get under your skin and I do sympathise with you.

Children run up and down and make noise. If the couple have a new born baby that cries 24/7 the building should minimise the noise. You can't really complain to a mother about a crying baby as babies cry. A modern building should be built to minimise the noise.

First thing is to find out if the building meets the current building regulations. If it doesn't then your beef will be with the builder. If it does meet current soundproofing standards then you have more or less proved that your neighbours are making excessive noise

imp1 · 08-08-2018 10:50pm

Klonker wrote: »

OP here, apartments are brand new, we moved in in February and neighbours June/July. If the problem is the build quality who should I take that up with?

The child isn't autistic as the parents didn't mention this in the both times I've made a complaint. I've never once scene them in the communal outside are with the child, they are happy to let him run up and down the apartment all day.

The nose is still going on now at 22.15, the night I first complained was 23.15. On Sunday morning it started at 8.00 and woke us up. We are not being unreasonable, the noise is unlivable with. We can hear it above our television sound if upstairs. Its not a few steps a night, its the running up and down the apartment over 100 times an evening/night.

I think I will start with complaining to management company about Part E noise requirements and get them to test it, if they don't I will get it tested myself as I don't see any other option.

Who did you buy from - Part E testing results should be available to you. Testing now will be difficult as you will need access to the apartment above, and that apartment would need to be unoccupied for the test duration.

Klonker · 08-08-2018 10:54pm

Thanks everyone. I've emailed management company to check does our apartment meet Part E sound proofing of the building regulation and can we get this checked because we do not believe it does.

I also asked them to can they check if our neighbours used the correct sound proof flooring as per the regulations of our development.

I will let you know how things go.

riemann · 08-08-2018 10:56pm

Klonker wrote: »

OP here, apartments are brand new, we moved in in February and neighbours June/July. If the problem is the build quality who should I take that up with?

The child isn't autistic as the parents didn't mention this in the both times I've made a complaint. I've never once scene them in the communal outside are with the child, they are happy to let him run up and down the apartment all day.

The nose is still going on now at 22.15, the night I first complained was 23.15. On Sunday morning it started at 8.00 and woke us up. We are not being unreasonable, the noise is unlivable with. We can hear it above our television sound if upstairs. Its not a few steps a night, its the running up and down the apartment over 100 times an evening/night.

I think I will start with complaining to management company about Part E noise requirements and get them to test it, if they don't I will get it tested myself as I don't see any other option.

You should find out who certified the building.

A recently constructed apartment should not have issues like this unless Michael Flatley has moved in.

If noise insulation is not correct this also raises questions as to fireproofing.

ED E · 08-08-2018 10:57pm

Play some Drum N Bass at 4AM a few nights running. They'll get the message.

Klonker · 08-08-2018 10:57pm

imp1 wrote: »

Who did you buy from - Part E testing results should be available to you. Testing now will be difficult as you will need access to the apartment above, and that apartment would need to be unoccupied for the test duration.

MDY Construction Ltd. How would I go about getting the testing results? Would they have tested every apartment individually?

Sleeper12 · 08-08-2018 10:57pm

imp1 wrote:

Who did you buy from - Part E testing results should be available to you. Testing now will be difficult as you will need access to the apartment above, and that apartment would need to be unoccupied for the test duration.

Agreed.

OP we are assuming that you are the owner?

Ask your solicitor that handled the sale about the testing results or you might have them in a file without even realising.

lawred2 · 08-08-2018 10:58pm

Stanford wrote: »

The reason for the noise is not the OP's problem, he is entitled to "quiet enjoyment" of his home

Inadequate sound proofing is of course a reason for the op's problem.

Klonker · 08-08-2018 11:01pm

Am I write in saying that a 2 year old running around in an upstairs apartment should not create an unbearable noise and if it does either the building or occupant is not up to the correct regulation?

FriendsEV · 08-08-2018 11:06pm

ED E wrote: »

Play some Drum N Bass at 4AM a few nights running. They'll get the message.

Why?

The apartment is obviously built from paper

Not the parents fault

Kids run around, you can't tell a 2 year old to stop running.

Apartment must be built like crap if a little 10kg toddler running around is making such noise.

OP can get it sound proofed or buy ear plugs, not parents fault

FriendsEV · 08-08-2018 11:09pm

Klonker wrote: »

Am I write in saying that a 2 year old running around in an upstairs apartment should not create an unbearable noise and if it does either the building or occupant is not up to the correct regulation?

It shouldnt i would think

Your average toddler is like 10kg ffs

How can such a little thing make such noise from running around

Must sound like a war zone if your average 90kg man was walking around quickly

Sleeper12 · 08-08-2018 11:10pm

Klonker wrote:

Am I write in saying that a 2 year old running around in an upstairs apartment should not create an unbearable noise and if it does either the building or occupant is not up to the correct regulation?

Let's say a two year old wearing clogs (not likely) & running up and down a wooden floor could make a racket.

If it's the building then it's most likely both apartments to blame and not just one.

Again assuming you bought your apartment then you would have a copy of testing already somewhere. Possibly your solicitor has it

CollyFlower · 08-08-2018 11:11pm

wherever you live, house or apartment, you'll get the sound of children, be it apartment or house, .you really can't stop a small child from running around, when they are older they settle down, I don't know what age that will happen. 6-8?!

Is it wooden floors?

Can you ask the parents or the landlord of properly to soundproof the floor to decrease the noise... Or..

Noisy Neighbours

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