Complaints from downstairs neighbour

[Glasspool]

Hello everyone,

I have a bit bit of a problem. I own and live in a converted Victorian terraced house in a second floor conversion.

The house was converted sometime in the 1970s so soundproofing was never really completed. I have 3 young children who, understandably run around and play making quite a lot of noise until 20:00 each night. One is louder than the others as he is autistic.

Recently, a new neighbour moved in who complains about the noise at any point in the day. This can be at 08;00 or even just before the kids bedtimes.

The neighbour our complains and has suggested some form of soundproofing should be undertaken in our flat to prevent them from hearing the noise.

Whilst I had originally agreed that we could do it when other priorities had been dealt with, I am now faced with constant harassment about this work. It has got to the point where I have lost patience with the person and politely told them that we have kids, they make noise. We don’t have parties, watch the tele at a reasonable level and don’t play music past 21:00 (as much to keep the kids asleep as anything).

What I would like to know is; is our position reasonable on this front? The neighbour is in a position to get ceiling based soundproofing installed and we don’t want the disruption in our lives. They have pre iousky threatend getting environmental health involved, but I don’t think our use of the property is unreasonable.

Thanks for your help in advance.

[des8]

As your home is a flat in a converted house i assume it is owned leasehold.
Have you checked your lease to see what it may say about noise?

[Glasspool]

Hi DES8, thanks for taking the time to reply. The leasehold has stipulations about music playing (including instruments) and suchlike after 9 o’clock; it does not mention anything about having children playing between set times.

[charitynjw]

As you were living there first, to some extent they have to accept the situation 'as is'. (Obviously there is a threshold as regards noise nuisance.)

Also, some people's 'tolerance' for noise is different from others; doesn't necessarily mean that they can impose their view on others, though.

& how about the previous downstairs owner/tenant....any problems there?

[Glasspool]

Previous owner was absolutely fine.

[Glasspool]

Sorry, hit return.

Previous occupant was absolutly fine. We had received the occasional complaint when we had friends over late (doesn’t happen now that the kids are about), but all of the properties are like this in the area.

i know of one family around the corner who installed ceiling based sound reduction as the properties are lath and plaster ceiling.

[charitynjw]

My son had his floor raised/soundproofing put in for similar reasons.

Fortunately it was the building owner that footed the bill.

[des8]

Are your rooms carpeted?
Simple day to day living noises transmit through bare boards and can become very intrusive
Your neighbours of course have every right to consult environmental health dept of your local authority.
If they do the EH officer will visit to assess the noise problem, and possibly suggest ways in which any problem can be abated, if he deems a statutory nuisance is being committed.
Under the Noise and Statutory Nuisance Act 1993 a nuisance may be committed if the noise is (or is likely to be) either detrimental to a person’s health and/or it is interfering (or is likely to interfere) with a person’s own enjoyment of their own property.
It will be no defence to say you were there first or that the previous neighbours never complained (perhaps they were deaf or just nice people)
Not suggesting you and your family are over noisy, but trying to indicate what might happen and why

[paulajayne]

Do you have carpets and underlay down?

[charitynjw]

It will be no defence to say you were there first or that the previous neighbours never complained (perhaps they were deaf or just nice people)

(Obviously there is a threshold as regards noise nuisance.)

[des8]

Reading over my last post I didn't make it clear that the council cannot deal with noise arising from any reasonable activity.
Now whether or not children running about and dropping toys etc etc (normal living in our household at one time) can be classed as unreasonable........

IMO you have little to fear from an environmental inspector, but please keep us informed

[Glasspool]

Thanks everyone.

the rooms are carpeted and underlaid. As stated, we don’t make a lot of noise, just the kids running and being excited. This will typically take place between 07:45 - 08;30 and 16:00-20:00 with time in between for school in the week and going out on the weekend.

other than that we

[nitch]

We are in a similar situation, only our neighbour believes that the only solution is for us to restrict the reasonable use of our flat, and started harassing us in an attempt to intimidate us. We got the police involved, but sometimes they still bang on walls or stalk us when we leave and arrive.
We suggested improving the noise insulation (i.e. replace underlay with an acoustic one, acoustic boards), but they prefer demanding that we have our children on a leash.
The council advised us that noise from children is reasonable by their standards.

[charitynjw]

We are in a similar situation, only our neighbour believes that the only solution is for us to restrict the reasonable use of our flat, and started harassing us in an attempt to intimidate us. We got the police involved, but sometimes they still bang on walls or stalk us when we leave and arrive.
We suggested improving the noise insulation (i.e. replace underlay with an acoustic one, acoustic boards), but they prefer demanding that we have our children on a leash.
The council advised us that noise from children is reasonable by their standards.

I'd tell them that I look forward to their cheque (or cash, 'cos that's always acceptable!) at which time I'll endevour to make the necessary!

[KeepTheFaith]

I had this same problem with the downstairs neighbours and it's just me living here with my small dog who hardly barks, as they can hear everyday normal noises. They used to bang on the ceiling. I had to get the police to stop the notes through the door. They gave up with the ceiling banging as I didn't give any response to it, like it hadn't even happened. Finally they been complaining to my landlord who has also been harassing me and been making up false allegations. Goodness knows what they be like if there was young children living above them. If they get rid of me they may find out!

But I looked into all this and everyday living noises they can't do anything about, such cases have been to the Supreme court and been thrown out. E.g Southwark Borough Council v Mills said that ordinary living noises are not nuisance and that the landlord council in that case did not need to install sound proofing to stop the neighbour being able to hear everyday living noises.