1 Topic by supernaturalfan

  • supernaturalfan
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Topic: Taking Your Own Action - Please help

Hi peeps,

Hoping for some help from people with a little experience in this field.  I'm at my wits end and depressed and scared because of noisy neighbours.

I live in an apartment and my neighbours below me are being extremely noisy.  I've had the noise control team out and even the police, parties, slamming, banging, shouting, stomping till after 3am.  I'm being driven out because of it, I can't just turn my tv up because not only are they extremely noisy but they are jumping about, slamming doors and it's causing constant vibration and knocking in my flat.  I cant sit on sofa but it's like someone's constantly kicking it, even if I go to bed, I'm woken with the bed continually jerking, again like it's being kicked.

Noise control are sympathetic but of course they have the problem of having to catch them at it.  The other thing is they are restricted by noise measurements and don't take technical measurements of vibration. 

They've recommended that I contact local Environmental Health on Monday and also the local Sheriff Court (note I'm in Scotland).  He says I should write them a letter before action which at this stage I'm willing to take, I'm a nervous wreck.  I couldn't escape from it tonight, there was no where to go so I just sat and cried. I live on my own and am also scared of them so talking to them would not be an option.  After I rang the police last Sunday night/Monday morning, they were banging on the walls and shouting abuse up at me for over an hour after police left.

My question is wrt the letter, does anyone have a template? I was going to write a letter headed notice before action, s82 of Environmental Protection Act 1992.  however I've been reading that and it specifically says parts 79 to 82 doesn't apply in Scotland! I've googled till I'm sick but I can't find a Scottish equivalent.  it's weird though because I thought Acts of Parliament applied nationally.  So any help with the legalities would also be really helpful.

Thanks in advance.

Quote Post 1

2 Reply by Frankie

  • Frankie
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Re: Taking Your Own Action - Please help

i completely sympathise with your situation. Have you tried copying one of the templates from this site? Do you know any of your other neighbours because no doubt they'll be experiencing the same noise problems as yourself and perhaps they can help you too? I would contact their landlord and the police / environmental health at every turn. I would be so embarassed if someone complained about noise from my flat, i just can't understand how some people can think it's o.k. to be so disrespectful and inconsiderate of their neighbours. Don't despair there's always some help somewhere but unfortunately it just won't happen overnight.
P.S i'm from Scotland too.

Quote Post 2

3 Reply by miserable101

  • miserable101
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Re: Taking Your Own Action - Please help

Hi,

I am really sorry to hear about your situation.  With regard to your question about Environmental protection, if I was uanble to find an equivalent, I would contact the Environmental Protection Dept and explain my situation to them and see if they know of anything in the Act that would help you in your situation - they would know the act backwards.  Another thing you could do is contact the charity called Shelter, they really clued up regarding housing, they maybe able to help you with a clause.  You don't say whether you own your property or not, but in the event you rent it, you could always threaten your landlord that he has not provided you with "quiet enjoyment of your property", this is the unwritten part of any tenancy agreement.  Another thing you could try is contact Shelter, they know of a solicitor in Edinburgh who specialise in housing issues, it maybe worth seeing this solicitor to see if you could sue your neighbour due to making you "ill".  When I was a student nurse I wrote this essay regarding social environment and how it affects peoples health.  Never in my wildest dreams did I think I would l would land up a victim of noisy neighbours.  Another thing you could try is find out if your neighbours rent their property, if they do, then contact their landlord and explain the situation to them.  According to some councils in Scotland, if landlords fail to tackle the antisocial tenants, they will get fined £5000.  So I guess there are avenues for you to try.

I to have noisy neighbours, and no-one can help me either.  The other night after months of misery I rebelled and banged a stick in my ceiling to wake up my neighbourrs when they slept, and in return, got my front door kicked in and safety chain broken and the door left wide open whilst I slept until I woke at 8am and found my door wide open.  I to am a woman living on my own.  I am now making tracks to leave the country.  I no longer feel safe living here in Scotland and the authorities can't really deal with the problem.  My noisy neighbours have affected my mental health so much that I cannot carry on living like this. I feel that in Scotland, anti-social people are protected and its the decent ones who suffer for it.  For me the answer is now to leave Scotland and get a better quality of life abroad. 

All the best and I do hope you come right with finding out about the Act....When you do find it, please could you let us know, it could be helpful to others.

Quote Post 3

4 Reply by Jenny Smedley

  • Jenny Smedley
  • Unregistered poster

Re: Taking Your Own Action - Please help

I was given a microphone by the council to record the noise wherever it happened. The mike had a timer so they could see what time and for how long. If it went over the decibel limit for long enough, that was it, case proved.

Quote Post 4

5 Reply by Jenny Smedley

  • Jenny Smedley
  • Unregistered poster

Re: Taking Your Own Action - Please help

In another instance when that wasn't appropriate, I found out that my neighbour had a terror of WIFI. If they have something they care about as much as you care about your peace of mind, (so long as you don't get violent or break the law) use it, that's my advice.

Quote Post 5