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Noisy downstairs neighbour/solution/breaking the lease

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  • 20-07-2020 5:00pm
    #1
    Banned (with Prison Access) Posts: 15


    Hi, my husband and I live in an apartment in Dublin and have been dealing with a noisy downstairs neighbour since we moved in early this year.
    In general, he talks extremely loudly (especially when he is on the phone).
    Last weekend he invited his friends and the noise was so bad. It made us go crazy.

    We have talked to the property management company a few times but haven't seen much improvement.

    We don't feel like talking to him directly. We saw them as they were annoyingly hanging around by the main entrance door blocking the way, they were intimidating.

    Should we talk to our real estate people about this issue to see if they can help us? Or is it better to not tell them?
    Last weekend was so unbearable that we were thinking of terminating the lease early. Do people break their lease because of noise issues? would you be able to get the deposit money back? We don't want to get bad references and it took us 8 months to only find this place thanks to the housing crisis, we don't know what to do.

    Anyone in the same boat?


Comments

  • Registered Users Posts: 291 ✭✭guyfawkes5


    Rights as a private tenant
    You are entitled to quiet and exclusive enjoyment of your home. If noise from other tenants or neighbours is disturbing you, ask them to stop and also inform your landlord. If this does not work, you can make a formal complaint.
    It seems like you should at least raise it with your neighbours before escalating things. It seems like it's not likely they'll change their behaviour from your account, but at least that allows you to say you've tried to handle this yourself.


  • Registered Users Posts: 2,242 ✭✭✭brisan


    Hi, my husband and I live in an apartment in Dublin and have been dealing with a noisy downstairs neighbour since we moved in early this year.
    In general, he talks extremely loudly (especially when he is on the phone).
    Last weekend he invited his friends and the noise was so bad. It made us go crazy.

    We have talked to the property management company a few times but haven't seen much improvement.

    We don't feel like talking to him directly. We saw them as they were annoyingly hanging around by the main entrance door blocking the way, they were intimidating.

    Should we talk to our real estate people about this issue to see if they can help us? Or is it better to not tell them?
    Last weekend was so unbearable that we were thinking of terminating the lease early. Do people break their lease because of noise issues? would you be able to get the deposit money back? We don't want to get bad references and it took us 8 months to only find this place thanks to the housing crisis, we don't know what to do.

    Anyone in the same boat?
    You could report it to the landlord and let him take it up with management company .if he is bothered
    You have no contract with the management company ,your landlord has.
    Is the property in question owner /occupied or rented out.
    If its rented out the owner will have to be contacted to have a word with tenants.
    However as the Cork case proved this can be a long and costly process.
    A word of Advice to all renters ,always check how many apts in a complex are owner occupied and how many are rented out .


  • Registered Users Posts: 291 ✭✭guyfawkes5


    The management company may have occupancy standards or 'house rules' that the tenants are breaking, although you will have to contact them through your landlord.

    I would say the best thing to do is to talk to the neighbour directly, and based on that conversation then move to telling your landlord that if he doesn't raise the issue with the management company, you'll go to the RTB who can then start that process themselves. Your landlord has a responsibility to handle this if you can't yourself.

    The result would be the start of a process where you may have to provide exact information about the problem and what you've done to handle it. There's some advice here on the DCC website about what kind of information you might have to start keeping track of.


  • Banned (with Prison Access) Posts: 15 greentealatte


    Hi, sorry for the very late reply.

    We spoke to our letting agent and he advised we write a letter to the neighbour, which we did.

    Unfortunately, although we asked to keep the noise down politely in the letter, he seems to have taken the wrong way and he's been playing music very loudly on top up his loud talking voice on and off.

    This is exactly what we didn't want and also was something that I was worried about.


  • Registered Users Posts: 291 ✭✭guyfawkes5


    Unfortunately it seems like he's going to act like an arsehole about it, so the path for you is steadily escalating things. Did the letting agent say what to do next?


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  • Banned (with Prison Access) Posts: 15 greentealatte


    Hi, sorry for the very late reply.

    We don't know if it's rented out or owner occupied.

    We spoke to our letting agent and he advised we write a letter to the neighbour, which we did.

    Unfortunately, although we asked to keep the noise down politely in the letter, he seems to have taken the wrong way and he's been playing music very loudly on top up his loud talking voice on and off.

    This is exactly what we didn't want but also was something that I was worried about.

    The apartment block only has 6 flats but it's very old.
    We are paying a lot for the place but neighbours are on the "undesirable" side I'd say...


  • Registered Users Posts: 5,188 ✭✭✭Augme


    A letter was a terrible way to deal with it as it is very passive aggressive and that approach is always going to annoy people. You should speak to them in person and then see how it goes. Although at this stage I think that is unlikely to work due to the letter. At this stage I would recommend cutting your loses and break the lease if a talk in person doesn't work.


  • Banned (with Prison Access) Posts: 15 greentealatte


    Yeah, he told us to keep the "noise" journal, which we have started doing.

    I understand it's best to give it a week or two before we speak to him again but honestly I'm not looking forward to putting up with the noise in the meantime or escalating the process knowing what kind of person the neighbour is.


  • Banned (with Prison Access) Posts: 15 greentealatte


    Well we saw the neighbour because he was hanging around by the main entrance with friends and they looked intimidating and on the undesirable side, that's why we didn't want to talk to him directly.

    Yeah, I've been looking for places casually already but it took us 8 months to find the current place so I know it's not going to be easy to take the route. I'm not sure how we can find a better place as having loud neighbours kinda depends on luck, can't always see that when viewing places briefly.


  • Registered Users Posts: 2 ravenrant1


    Hi just reading this and I feel for ye also having issues have in another post similar issues been to agency twice via phone and email no hope.
    I hope you get sorted��


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  • Registered Users Posts: 215 ✭✭hello2020


    Well we saw the neighbour because he was hanging around by the main entrance with friends and they looked intimidating and on the undesirable side, that's why we didn't want to talk to him directly.

    Yeah, I've been looking for places casually already but it took us 8 months to find the current place so I know it's not going to be easy to take the route. I'm not sure how we can find a better place as having loud neighbours kinda depends on luck, can't always see that when viewing places briefly.

    how about giving him a nice gift or inviting for dinner and keeping it friendly.. it worked for us...


  • Banned (with Prison Access) Posts: 15 greentealatte


    Hi, thanks. Yeah I personally think if the person is nice and approachable enough to listen, he/she wouldn't be making excessive noise in an apartment in the first place, so I expected none of those options (letter, speaking to a management company/letting agent, or talking to the loud neighbour directly) would turn out well.

    Renting in Dublin is crazy so even if we want to give up and move out, we won't be able to do so anytime soon unfortunately.


  • Banned (with Prison Access) Posts: 15 greentealatte


    hello2020 wrote: »
    how about giving him a nice gift or inviting for dinner and keeping it friendly.. it worked for us...

    Hmm not sure about that...


  • Registered Users Posts: 938 ✭✭✭gauchesnell


    Ive actually just moved due to a noise related issue and my advice is if you can - move

    I think you are renting and at present there is actually quite a lot of accommodation available (Im in Dublin) and I ended up somewhere significantly cheaper which I am delighted about.

    I raised the issues I had with my LL (who ignored it) and there were also cov19 concerns with my previous neighbours. LL ignored me so I moved. LL was lovely and I was sad to leave but honestly I dont think he was that bothered.

    Noise and disruptive neighbours can be awful so honestly move if you can. I am 3 weeks in my new home now and so glad I moved.


  • Banned (with Prison Access) Posts: 15 greentealatte


    Ive actually just moved due to a noise related issue and my advice is if you can - move

    I think you are renting and at present there is actually quite a lot of accommodation available (Im in Dublin) and I ended up somewhere significantly cheaper which I am delighted about.

    I raised the issues I had with my LL (who ignored it) and there were also cov19 concerns with my previous neighbours. LL ignored me so I moved. LL was lovely and I was sad to leave but honestly I dont think he was that bothered.

    Noise and disruptive neighbours can be awful so honestly move if you can. I am 3 weeks in my new home now and so glad I moved.


    Hi, yeah I agree. It's sad that we seriously have to consider moving again, only 5 months after we moved here.

    I've been casually checking daft everyday. Have seen some reasonably priced ones yeah. I think rent prices are slowly getting back to pre-COVID tho. My concern is not knowing how to avoid applying for places that have noisy neighbours. It's hard to tell when viewing the property for just 5 mins.


  • Registered Users Posts: 938 ✭✭✭gauchesnell


    I agree but there is a difference between day to day living noise and disruptive noise. People are entitled to live their lives and apartments are not always soundproofed. Sound travels.

    You cant plan for the future. I loved my last flat. Loved living there and was very happy. But things changed about a year ago and again when Cov19 happened.

    Anyway my advice is if the noise is that disruptive there are quite a few places available currently in Dublin. It took me about 3 weeks to find somewhere new and it is cheaper and larger. Is my new place noisy - I dont know yet. It takes me ages to settle in and get used to the surrounding noise.

    I agree writing a letter to that neighbour wouldnt have been what I would have done. If you stay there keep a log of all instances and there is also a sound meter from the council you can download to your phone. You can use that to measure the sound to see if it is actually above the acceptable level.

    Just to note I moved after a year of noise disruption - did the whole LL and city Council thing. Dublin City Council were excellent as it was a business making noise and causing a disruption.


  • Banned (with Prison Access) Posts: 15 greentealatte


    I agree but there is a difference between day to day living noise and disruptive noise. People are entitled to live their lives and apartments are not always soundproofed. Sound travels.

    You cant plan for the future. I loved my last flat. Loved living there and was very happy. But things changed about a year ago and again when Cov19 happened.

    Anyway my advice is if the noise is that disruptive there are quite a few places available currently in Dublin. It took me about 3 weeks to find somewhere new and it is cheaper and larger. Is my new place noisy - I dont know yet. It takes me ages to settle in and get used to the surrounding noise.

    I agree writing a letter to that neighbour wouldnt have been what I would have done. If you stay there keep a log of all instances and there is also a sound meter from the council you can download to your phone. You can use that to measure the sound to see if it is actually above the acceptable level.

    Just to note I moved after a year of noise disruption - did the whole LL and city Council thing. Dublin City Council were excellent as it was a business making noise and causing a disruption.


    Well the apartment block is old so the ceiling is probably thin but I wouldn't call it a day to day living noise.

    When our letting agent guy came around and we showed him the clips that we recorded, he was surprised how audible those noises were. They literally sound as if we are the ones talking on the phone/playing loud music/watching a film.


    I'm a bit confused. Why would writing a letter be such a bad idea compared to talking to him directly? Someone else said that it's passive aggressive but I don't see it that way especially when you don't feel safe doing so because the neighbour is intimidating and on the undesirable side.
    (Not sure if it's related but we both aren't from Ireland. Neither is the neighbour. )


    Yes I have been keeping the "noise" journal and will download the council app.
    Oh I didn't know Dublin City Council dealt with issues like this.
    It's encouraging to hear it took you three weeks to find a new place.
    We have been dealing with the noise since we moved in February this year.
    Probably not realistic for us to pack up and leave next month for example but if the worse comes to the worst, moving might become necessary.


  • Registered Users Posts: 2,242 ✭✭✭brisan


    Hi, yeah I agree. It's sad that we seriously have to consider moving again, only 5 months after we moved here.

    I've been casually checking daft everyday. Have seen some reasonably priced ones yeah. I think rent prices are slowly getting back to pre-COVID tho. My concern is not knowing how to avoid applying for places that have noisy neighbours. It's hard to tell when viewing the property for just 5 mins.

    https://www.rtb.ie/check/index.html
    If you put the address of the complex into that it will tell you roughly how many properties are rented in a complex
    Take note not all landlords are registered


  • Registered Users Posts: 938 ✭✭✭gauchesnell


    oh thats just my opinion. I would personally never approach a neighbour about noise - As you rent you are entitled to a peaceful environment - raise it with your LL or agent. Other neighbours have probably already raised it. I have been renting a long time and I would never make contact with neighbours but thats me. If I got a letter like that I would bin it. I lived in my last apartment nearly 4 years and never had any contact with any of the neighbours.

    If you are ready to move (references and deposit) it is possible to move within a month like I did. I had raised the concerns with previous LL before though and he knew I was looking to I would have stayed if he had taken any action about the noise but he didnt which is fair enough. It is more do with your deposit as you said although you could have a case for leaving early as you have already raised the issue.

    Dublin City Council dealt with my issue as it was a business causing the disruption. They were brilliant - they sent someone out and everything. The business got a warning and the noise lessened for a bit but went back to being awful within a few weeks before cov19 happened.


  • Registered Users Posts: 938 ✭✭✭gauchesnell


    yes PRTB are good aswell.

    Moving may not solve the problem as you say but there is definitely a lot more accommodation available now than before. Demand is still high in Dublin but there wont be the same amount of demand from students come September so things should stay level for a while.


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  • Banned (with Prison Access) Posts: 15 greentealatte


    brisan wrote: »
    https://www.rtb.ie/check/index.html
    If you put the address of the complex into that it will tell you roughly how many properties are rented in a complex
    Take note not all landlords are registered

    Thanks for the link.
    For some reason there are two registrations for the neighbour's address. Not sure if having two registrations for the same address means anything.


  • Banned (with Prison Access) Posts: 15 greentealatte


    Yes we actually contacted the property management company before but noticed no improvement. So we contacted our letting agent this time and he advised writing a letter, which we did. To be honest, we didn't really want to write a letter or talk to him directly for the same reason as you said on top of him being intimidating etc.

    We asked him as a last resort, what's the procedure for leaving and he said we would need to give one month notice so he can find new tenants then hopefully we don't lose our deposit (not guaranteed) but the next step after that letter he told us would be him raising the issue with the property management.

    Oh I see. So I guess the council wouldn't be dealing with our case.


  • Banned (with Prison Access) Posts: 15 greentealatte


    Yeah I actually contacted RTB and they gave me a form.
    Haven't filled it out yet as we were advised to write a letter by our letting agent.


    Right. Glad to know there is less competition now.


  • Registered Users Posts: 2,242 ✭✭✭brisan


    Thanks for the link.
    For some reason there are two registrations for the neighbour's address. Not sure if having two registrations for the same address means anything.

    More than likely the previous owner registered a tenancy and never cancelled it
    Then the new owner registered a tenancy there
    Some landlords are lacksidasical when it comes to things like this and the RTB in my experience are no better


  • Registered Users Posts: 938 ✭✭✭gauchesnell


    Yes we actually contacted the property management company before but noticed no improvement. So we contacted our letting agent this time and he advised writing a letter, which we did. To be honest, we didn't really want to write a letter or talk to him directly for the same reason as you said on top of him being intimidating etc.

    We asked him as a last resort, what's the procedure for leaving and he said we would need to give one month notice so he can find new tenants then hopefully we don't lose our deposit (not guaranteed) but the next step after that letter he told us would be him raising the issue with the property management.

    Oh I see. So I guess the council wouldn't be dealing with our case.

    Not sure the council deal with domestic issues but contact them and ask. Their app for actually recording noise is great. Also contact the PRTB aswell - dont believe what the agent says about the deposit. I am sure you have all of this in writing aswell. You have raised a serious issue with the agent which he will be raising with the property management. Thats serious. Why would that affect your deposit should you be forced to leave. Check it out with PRTB and Threshold aswell - dont just believe what the agent says.

    Go ahead and contact the council. No harm. Worth getting all the advice and help you can. If you work from home at present that might also be relevant.

    Honestly this sounds like a very stressfull situation for yourself. If it has been like this since you moved in it is doubtful it will improve. Ask yourself how much you like the property and is it worth it.


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