24/7 noise from ATM

[charles10]

Hi folks,

Any advice welcome on noise problem below:

We live above a bank who where our Landlords till just recently.
The bank bought our building which has 3 flats above the bank premises about 2 yrs, before that they were lease holders only to the bank premises.

When they purchased the whole building they undertook a big refurbishment of the whole of the bank below our home.
This included installing an ATM directly below our living room window, which started working in sept of last yr.
We appealed the planning application for the ATM alone, as the other 2 residents always worried to complain about anything.
The appeal was turned down on the basis of us “already having to put up with substantial noise in the vacinty of where we live.
This ridiculous as we have lived her for over 30 yrs and have never had to put up with people congregating directly below our home 24/7 shouting screaming and doing everything you can imagine noisily while also withdrawing their case.
You won’t believe this but the worst people are the office people standing below our window during the day, the noise and language cannot be ignored even by us highing the level of our tv.

The bank agreed to install Double glazing over a disrepair issue, which has just been installed last week.
We were preying that this would be the cure to the constant noise from people standing outside our home below us.
Sadly the double Glazing has had little effect in limiting the noise. It is still bank customers waking us up all throughout the night shouting and congregating using the ATM.

We contacted our local EHO man who says there is little he can do as general public making the noise, but said we should take legal advice.
He went onto say that because it is not a building or particular single thing making the noise there is little the EHO can do , but again he told me this maywell be a civil matter that would be successful if we persued it.

My main question to you guys is, can we do anything to make the new landlords be responsible for putting a stop to this noise.

As l said the bank have just sold the building and as we understand the bank below are now “leasee inpart”

Do you think we have any type of case for not having “peaceful enjoyment of our own home” ????

Or any other avenues or thoughts would be handy to hear from you experts.

Cheers Charles

[Bel]

I sympathise with you. It doesn't seem fair that the action of the bank has affected your quality of life in such a bad way. If I were you, I would want to find a way to overcome this imposition.

I know legal advice can be expensive; some firms have a free starter session…they might be able to give you some idea if you could be successful. It is good legal advice you need.

There are several things the bank could do to reduce the problem. At the very least, the bank could put up a sign asking people to respect the peace of the neighbourhood. There is no reason why such a cashpoint could not be made to close after a certain time at night; rather than remove the whole thing.

On a less serious note; it seems that people do not like to use cashpoints with beggars close by. Perhaps you could make your own ‘scarecrow’ version for use at night. It would also make an excellent photo opportunity for the local rag to help you in your plight.

Sorry I can not be of more help than this. Best of luck.

[MrShed]

Off topic...but charles whatever happened to your first refusal legal challenge?

[charles10]

Thankyou very much for advice Bel.

Mr Shed, glad you remember the FR stuff. it has not actually gone away, we are still dealing with disrepair things at moment.
We have had so many varying opinions on the FR stuff, and our main worry is my father having to take the stand and be grilled to the bone on all matters to do with this from his past history.
This we just cannot do, as Dad is very ill and we certainly would'nt put him through the whole legal thing of being accused a liar for example.
thats what the barrister told us last yr.
he did say though that we on paper do have a case.

Sorry as you know l tend to waffle and am not the best at explaining our current situation.
At the moment the disrepair is our priority, our solicitor we are using now is not exactly on the ball, but we do have the wonderful Pippay in the background making most of the real progress on these issue's.

The constant 24/7 noise from the bank customers directly below our home has turned into a right nightmare since september.
Hopefully we'll be able to get some not to expensive solictors advice from someone soon who would be willing and entusiastic to take this on for us.

The chap we are currently using does not seem to have a clue as to how to take this.
l'm thinking maybe either because he actually doesnt have a clue or either there is little action we can take to stop this noise>

cheers Charles.