Topic: noise from upstairs flat

Hello

I wonder whether anybody can give me advice about the laminate flooring in the flat above me please.

Since moving into this housing association flat over two years ago I have been through hell....a real shock to my syste.  My first taste of social housing and what a shock!!  I am ground floor and the people above me have made my life hell......full on asb when i moved in of shouting, swearing, slamming doors, crashing and banging around 24/7.  The situation has gone round and round in circles - keeping reams of diaries that amount to nothing.....ringing the police.....getting everybody from my MP involved to trying to take legal action.............have been intimidated following warnings up there as the people have issues - behavioural problems and one of them mental health problems.  Infact it reached a stage where I was diagnosed as suffering from post traumatic stress syndrome.........i have other health conditions that are exacerbated by stress......lupus......

The asb has been quashed at the moment....given time it will inevitably start up again......but it is the noise like living beneath a building site that persists and it is absolutely horrendous.  E/h finally put in equipment - long story - had to really fight for it.........the first time they put in the equipment it was so bad here that i rang the police and the equipment wasnt working........they wouldnt come in to fix it....the second time the equipment went in only one person was up there (ususally there are 3 - a woman and two men - all middle aged by the way - very disturbing they can behave in such a manner)....and all i managed to tape was everyday bricky living noise caused by their flooring........the housing officer heard the tape and wanted to come and investigate...........they blamed the flat above them and the rest is history (basically they were given diary sheets to record the fictitious noise they were blaming their noise on and what ensued was weeks of insane behaviour where i had to leave my home.....continually ring the police (who, whilst sympathetic, said it was not within their remit).......the people above were kicking doors to death, slamming doors and shouting and crashing around like heavy objects continually dropped in my floor etc 24/7)..........environmental health said that the noise that was captured (this was very subdued noise in comparison to what goes on as only one person was up there) does not constitute a statutory noise........I feel you have to get that into context - compared to car alarms, pneumatic drills etc probably - but this is supposed to be my home and nobody should live with what sounds like bricks being dropped and dragged and crashed on their ceiling....this has made me really ill and brought me to my knees.....so e/h closed the case.

At the moment it is `quieter`(again - give it time) however, what remains is this horrendous brick dropping - bricky banging noise.....living noise.  They have laminate with no obvious underlay....the sound this sets up is horrendous.........when she washed up it sounds like bricks being shovelled on my ceiling....I can hear it as though the brick dropping shovelling noises are on every ceiling in my flat - it is horrendous noise.....has to be heard to be believed........if they `clear a table` it will literally sound as though they are dragging bricks across my ceiling.........and every single day there are intermitent bangs and almight crashes.......doors slammed ricochet across the other side of my flat........it is like living beneath a war zone...........they are truly vile people - lives wasters - drink problems unemployment etc......and they intimidate me with repetative door slams and banging on my ceiling following any warning up there.........

I complained bout their flooring over a year ago and i was told by the housing association they do not have any clauses in their policy about flooring and therefore, they can have whatever they like on their floor...........(but surely not if it is violating my human right to live in quiet enjoyment of my home - they know that it has `traumatised me` living here and made my lupus flare)...........I feel as though i live with these people with foul language pouring into my flat - I hear them use the bathroom......banging is incredible......very low ceilings - concrete floors............it sounds like they are hod carriers.

This week i have a meeting with the asb officer of this case (it is an open asb case - but still my complaints are described as `allegations`) and the new housing officer.  My problem is that i have to move - there is not doubt of that - I am exhausted of fighting the system and nothing changes (i almost feel the system is corrupt to be honest - e/h were protecting my h/o)..........My doctors have fought for me to be re-housed with the authorities but they approach my housing association who say its been investigated and there is no evidence - and it goes on and on and on).  My only way out is to mutually exchange.....it is something that i have been putting off as it seems immoral to expect somebody else to live here......my housing association say that i should not be concerned as the next person might not be bothered by the noise - For heaven sake - it has brought me to my knees, made me leave my home, made me ill !!!!  But I have to get out of this place before it kills me........nobody should have to live with this amount of stress.

No proper tests have done on their flooring up there and I have conveyed (although never been responded to by my h/a) that somebody should go up there wearing shoes and walk around open and close doors and clear a table and wash up some pots and pans and they will be HORRIFIED at the noise (it truly sounds like a construction site where they are working with `bricks`).......(The h/a are supposed to be `investigating this situation` yet again as i have sent in a complaint prior to the housing ombudsman)...............the truth is that i am sick and tired of this entire situation and just want to get out but i need to make this place quieter so that i can possibly mutually exchange - it is that or going back into the privately rented sector and i dont want to spend my life working 7 days a week to pay the rent as i was doing before i moved here......my wage doesnt stretch to private rent and why should i give up a secured tenancy because of my misfortune.............

At the meeting on Friday I know they will try to `pacify` me - give me excuses (you end up feeling on trial yourself).....they will say this is `normal living noise` - the bricky banging noise.......but it is not acceptable.  Does naybody hve any amunition that i can throw at them on Friday.  Is there such a thing as a `flooring` test.  I want them to go upstairs and do ordinary living noise stuff like washing up and opening and closing doors etc whilst somebody remains down here to listen.....is this what they `should` be doing....i dont want to be fobbed off on Friday.  At the end of the day, I dont know what they could do even if they do agree their flooring is causing most of this noise because they arent going to pay for the low lives (they are truly vile creatures, never apologised or showed any remorse, merely intimidated me if they have been spoken to - I have never spoken to them - wouldnt go near them.  I sent them a note once saying that i found their noise distressing and disturbing and aggressive and they made even more noise)...........the housing association are not going to pay for them to have carpet and underlay put down and they certainly arent going to pay for it themselves - they are all unemployed etc................why should i have to put up with this noise...it is unacdeptable - jsut so they can have whatevery they want on their floor........

Can anybody advise me please so that i am armed with some amunition next week.

Sorry for such a long pose - many thanks indeed.

My heart goes out to every single one of you..........something has got to be done about the problem of noise pollution and noisy neighbours...it truly does destroy lives and affect health profoundly.

Re: noise from upstairs flat

Welcome to our Family EndOfTether hmm

I regret deeply that what you write is not shocking.....many of us walk in your shoes.

We understand your sense of morality in exchanging with someone to put them in HELL.

I would suggest .....and I'm NOT being funny....a "clash of lifestyle"....and put it to the H Assn to arrange a "mutual exchange" with another tenant who has the "lifestyle" of those above you. Thats what happened with me. However, even more so.....request "sheltered Housing" on health grounds, as another pathway.

Other members will have other thoughts......and laminate flooring or not...."bricks/boots/furniture" can sound JUST as BAD on carpet..... depending on the NN (for want of a better word).

Re: noise from upstairs flat

Hi end of tether,

Your post was like reading my story.  I had the same laminate, loud vocals, subletting, intimidation.  I had eh, antisocial team, councillors, mp, doctors nurse, carers.  I was always made out to be the problem despite all the witness and recordings we did ourselves.  I couldn't get medical points to move as my property was adapted and I was told adequately housed.  Earlier this year after getting nowhere with the ha I applied to a new ha and they did take notice of all my evidence.

I moved and have been in my new property for a month.   My new neighbours are really nice, so is the ha, I don't feel frightened or intimidated any more and I am actually getting some sleep.  It's the best thing I ever did. 

I truly sympathise with your situation having been through it

Re: noise from upstairs flat

Hi endoftether, I can truly identify with all you say, Im in the same situation, I was driven out over 2 years ago. I own my property so impossible for me to rent it or sell it.... Like you ive exhausted every avenue, EH, Police, Mp, and Asbo. My local EH dont recognise wooden flooring as a problem, Like you it turned into noise intimidation and harrassment. I really hope you get some help, Your not alone, This forum has kept me sane. View Allytechs posts, He made a post about the Defra report on Wooden/lam flooring in flats. Think you should print it off and take it with you. Might be a good idea if you messaged Allytech his probably the best one to talk to on this subject. Hope this helps...

5

Re: noise from upstairs flat

I read somewhere a couple of days back that the Housing Act 2004 has a bit in it about landlords / HA's being responsible for acting on 'psychological hazards' in the home (if they're classed as Category 1 they have to act) and this includes noise. I've tried to find the document I was reading (I stupidly didn't bookmark it but it was an official document) as I wanted to post it here for others to read. I have just come across this little bit of info on the Noise Direct website:

http://noisedirect.co.uk/NoisedirectPsy … azards.php

Just found this on the Plymouth City Council website:

Housing Act 2004 – Housing Health and Safety Rating System 

External and internal noise is one of the hazards assessed in the Housing Act 2004 (HHSRS).
The HHSRS is a new risk assessment tool used to assess potential risks to the health and safety of
occupants in residential properties in England and Wales.
The assessment will show the presence of any serious (Category 1) hazards and other less serious (Category 2) hazards. There is a mandatory duty to take appropriate action to reduce Category 1 hazards. For noise nuisance caused by a lack of sound insulation to be classed as a Category 1 hazard there would need to be clear evidence of physiological or psychological illness or stress caused by excessive noise unless there are significant defects to party walls floors or external windows.

No mention of EH being involved...

Last edited by Bo (20 May 2012 22:14)

Re: noise from upstairs flat

Endoftether, Found Allytechs topic, Information and research links in regards to noise nuisance and asb. Youll find a whole wealth of information here. Should give you the ammunition you need. Hope this helps.

Re: noise from upstairs flat

I don't know how you are putting up with it to be honest. My health has gone downhill so much since it all started and to be going through the hell you are, it makes me so angry!

Now I'm not suggesting you do this but.... my thoughts automatically went to... "rented flat > Maybe have an accident (ie fire) > burn down flat > have to be rehomed as now homeless > flat too burnt so no one else can live there and have to put up with hell from upstairs > bonus might be upstairs get burned too!

So if all else fails! I'm just saying tongue