How I have sympathy for you,  I have had a very similar problem, I had a beautiful flat with a landscaped garden on a fairly modern respectable Barratts estate in Derbyshire, years were spent updating and improving my property, we even had a conservatory, which months of hard work to erect.  I finally felt secure and positive about my life, until a family of 5 moved into the flat directly above me and my 10 yr old daughter who lived below in our small  there s was the same size, I didn't see this as a problem was glad the previous owner had moved out as she had had an ectopic pregnancy  d given me months of false accusations that I was noisy, and that  was always shouting at my Daughter and to be totally honest I hardly ever raise my voice, there were tears as I had had a few bad years and couldn't be bothered to bitch back.  Anyway back to the new inconsiderate lot from the moment they visited, her boyfriend owned the flat but was away lorry driving all week, I tactfully mentioned the fact that (te noise was awful stamping banging running feet above my head, sounding the ceiling would come through) I ed her if she was moving in, cause tthey seemed to be moving black bin bags cars were pulling up delivering more bags and that the noise they were making was awful, but didn t want to argue about it since I still felt tender from the previous owners, and she said that they were , my heart sunk  I felt hot, how much more could I take, but I had hope that It was just a stage, and my home would be my home how I had wanted it to be for the last 2or 3 yrs, but the noise just got worse, swearing at her children last thing at night 11-12pm, and first thing in the morning stomping feet, swearing crying children it drove me to desperate measures, either I would have a nervous breakdown, or have to leave my lovely flat, i  felt it wasn't fair on my daughter it was turning me into a nervous wreck, trying all the time to get out of the house when Iwas in at the end of my tether feeling completley sick at there ways , now in a fair world it should have been them who should have left and found something more suitable, but I had to leave what a shame, I couldn't have tolerated anymore, the funny thing was whenever I had visitors the noise seased, maybe I was just "listening out" terrible isn't it, now I live somewhere as quiete as the grave, the only noise I hear is next doors coffee machine, which is ok as it's not intrusive, the birds singing, my home feels like my home again, when I come home in the evening it's peaceful I can do what I like, nobody shouting, swearing around me, I wish I hadn't had to leave, but my health is so much better, no thankyou laminate fllooring in poorly sound insulated flats.  Hope you find a way to sort out those awful noisy neighbours Caroline

It would depend, I think, on what sort of area you're living in, Loujen. I live in the countryside, surrounded by farmland, and people have complained about cockerals crowing, something that's part of the countryside. In the first instance, having a 'right to complain' shouldn't be the issue, but maybe a quiet and polite word with your neighbour is a good start. It does seem a very odd thing to do, though, to keep these birds in such close confinement.

I have just found this page, and its very helpful to read other comments about noisy neighbours and to know that others are in the same situation as my son and his wife.
THey live in Uk Im thousands of miles away, so our contact is e-mail and phone. They too have a family next door who moved in several years ago after the old lady living there passed away.
THe problem is the wife who sounds as though she may have mental health issues, she cleans constantly from 6.30am ie vacum cleaner on several times daily and she has laminate floors and little furniture, but also has music on from early until very late ( midnight or later)when her husband arrives home after working as a taxi driver.
The noise from the music is driving them crazy, sometimes the same record on all day over and over again, if they go into the garden to read or relax, she opens the bedroom windows and it blares out all over so there is no respite they sometimes cant listen to their tv.
She throws buckets of dirty water under their car so everytime they get into the car their feet are wet, she looks through their windows and stares and shouts at them, saying they are dirty, sounds like its all attention seeking, the council have written to her but this has done nothing and she laughed when she got the letter I really feel sorry for all of you in this situation cos I know my son is at breaking point as he cant sleep, they cant afford to move, sadly they cannot have children but at least they only have themselves to worry about and not tired little children.

Grrr Sue, I can feel your frustration from here.

It sounds like you're over halfway there and the only remaining hurdle is your neighbours stubbornness which is often the case with noisy neighbours in my experience.

Sue, may I ask a couple of questions not just for my sake but for clarity and for others' sake, if you wouldn't mind?  I'm sure your experience would be of value to people in similar situations.

Firstly, who is the Ombudsman?  Secondly, who was involved in the decision making to have the laminate flooring removed?  Thirdly, if you would be so kind, were there conditions attached (eg a date by which they must be removed?).  And finally, if the neighbour is aware of the decision and any possible consequences if she doesn't obey it?

Good luck Sue, try to be positive, it could all be over for you soon

Regards,

Compost

Leah, Im so pleased for you, and well-done for persevering! When the tenants have gone and new )hopefully) quieter ones move in, please come back and give us the good news in the 'successes' thread, would you, please?

If we've given you any help and support, it's a pleasure - we should be all here to support each other. Thanks to you, too, for the information about the solicitor's letter. My Mum may well be in that situation soon, although she's a home owner next door to a rented property. She also has been called a racist when she tried to complain. Here's to a peaceful future!

Compost to reply

The local Housing Ombudsman is there if you have exhausted all the complaints to your housing manager, however, they can only reccommend solutions not impose them.  Councils do tend to do things when the Ombudsman gets in touch however.

It is the Local Authourity who have said the laminate must be removed however they set no time limit and the buck seems to be being passed between the council and the arms length housing organisation who manage the properties.  We have got our local councillor involved and he has written to see if he can get a date out of them. 

We are still hearing that it is 'domestic noise' which we do not dispute, we are complaining about the intrusiveness of it and the timing - I know she has to walk but surely not in high heels all the time and does she really need to move the furniture late every night?

She really does not care about any conditions, as far as she is concerned she can do what she wants, she has refused to a request for mediation, refused to talk, refused to get rid of the laminate, refused the offer of carpets, she even tellls the kids to jump more if we ask her to please keep the noise down!!!

We have lived for twenty years in our present house and up until a polish family moved in did not suffer from noise.
They have installed laminate flooring throughout the house so we now hear everything chairs being dragged about, kids running around. On top of that constant DIY, rattling and banging of the fireplace, back boiler contiunally sounding like a kettle, we have tried asking them to keep the noise down, works for a while but it doesn't last. Tried complaining to council, only to be told to be very careful when asking them to be quite as it might construed as racist.

I can empathise with the feelings expressed in this thread. My neighbours have laminate floor in the living and - I suspect - throughout the whole house as it's like living next to a family of giants. There is constantly the sound of door slamming, and just inexplicable bangs, thuds and thunderings around at all time of the day and night. My sleep is seriously suffering, and I'm fed up with constantly feeling in a low mood because of sleep deprivation.

My house is privately owned but next door is council. As many people have experienced, the council are generally very unhelpful indeed and tend to treat the complainer as the problem. I suggested mediation and got it, but since then the noise has resumed and the mediation company seems to have gone out of operation. I have tried contacting them on several occasions but my calls are ignored and not answered, as are my emails.

What bothers me is that there are legal documents supposed to be preventing this but asking the council to enforce them is like asking for the world. I love my house but it's like the council have simply come along and s**t all over it because I can't enjoy it anymore.

Noise-proofing of the walls is just way out of my price range. If I had a spare 5k lying around, I'd move, and with the way the market's gone, I can't afford to move because there is minimal equity in the house. Besides, who'd buy a house with noisy neighbours?

I am at a total and utter loss as to what to do now.

The tenant themselves are reasonably nice people and have apparently good intentions, but the problem goes on day after day after day. We agreed that if I was being disturbed, I should tap on the walls, which I did this morning, but it just carried on. It's like waking up to London Zoo.

Hi Mrs B,

I agree it would easier if the neighbours were council or private tenants simply because the tenancy agreements do not allow for laminate. This is simple if the tenancy agreement does not allow then it should be removed.

It may be more difficult with owner occupiers except there is a specific court case where the judge ruled that by changing any part of a house ie the flooring from the original carpeting to laminate flooring and resulting in a difference to the amenity and comfort of the neighbours can be classed as a nuisance.

I know of one case which is going through the courts at this moment in time where the occupier is taking the council to court for allowing laminate contrary to its own tenancy agreement. Just awaiting the result with interest as it will I think be deemed to be landmark decision.

BTW how is your mum?

Regards
Mac

Last edited by Mac99 (31 July 2010 19:47)

Hi Mrs B,

Ah Portsmouth, I worked for a firm a few years ago and we had a branch at Portsmouth. I came down and spent a few days and had trips out to Dorset (Corfe Castle, etc) as I am a massive Enid Blyton fan.

Specifically with reference to laminate flooring:

There is a case called "Leslie Arthur Stannard v ..... (Google Stannard v Pitcher). In this case the leaseholder removed carpeting that had been in placed when the leaseholder moved in. Hardwood flooring (tiles) were put down. The court held that it was a nuisance.

Where the character of the property was changed ie by removing carpets and laying carpets:

Many councils quote Baxter - but Baxter is a situation where the people moved in and the character of the flats were not changed. If you google and read there is one part by the judge that states about changes.

Some more law cases for you:

The first is the test of "common law nuisance" - usually expressed in terms of "unreasonable interference with another’s right to peaceful enjoyment". The standard to be applied is that of the "ordinary reasonable man", i.e. an objective test. Hall v Manchester Corporation (1915) 84 L.J. Ch 732 & Cunningham v Birmingham CC [1998] Env. L.R.1.

Sleeplessness can amount to injury to health for the purpose of the Act. Lewisham LBC v Fenner (1995) 248 ENDS Report 44. The fact that a Local Authority Environmental Health Officer does not possess a specific medical qualification is not a bar to the acceptance of his/her evidence that something is prejudicial to health O’Toole v Knowsley MBC [1999] E.H.L.R. 420

Hope thats enough for now.

Regards
Mac

Last edited by Mac99 (31 July 2010 21:30)

I am Right to buy leaseholder of a registered social landlord who is the freeholder/lessor of my groundfloor flat.
I have lived here for 22 years with a fully carpeted property above me via various tenants,but with my  most recent wonderful neighbours above me for 13 years,but they have recently moved to larger accomodation due to expanding family. The property above is the Housing associations tenanted property not leasehold/owner occupied.
Their New Tenants above me now,who are a very social Polish family, have however decided to install laminate flooring throughout.I have objected very strongly .The anomaly in my case is that my lease covenants that all leaseholder must SUBSTANTIALLY cover all floors with carpet except kitchen and bathroom,which must be cork or rubber or any other suitable material to prevent noise disturbance.And it  also covenants that the lessor must uphold this covenant (albeit at our expense.) But the tenancy agreements of the lessor's social housing tenants do not state anywhere that carpet is to be installed and the housing officer has told the new residents that they can install any floor covering that they wish.
Anyone any advice re this situation please?

Last edited by nottingham leaseholder (6 August 2010 23:51)