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Rebecca12
25-02-2007, 09:27 AM
One of my tenants is a musician and I am receiving complaints from a neighbour with two young children that they are being disturbed by him playing late at night.

The property is a first floor flat in a block of 8 terraced properties.

Tenant denies he plays late but pointed out he is continually disturbed by shouting and arguing from downstairs and a screaming baby but accepts that noise from both properties travels easily and wouldn't dream of complaining!

The situation is not aided by the fact that the neighbour is aggressive and verbally abusive to both the tenant and me and has taken to calling me at all hours of the night to make his point and that if I don't evict the tenant he will continue to do this. (note mistake: never give out your number to a neighbour).

I have written to the nieghbour stating this is unacceptable and that whilst I will continue to try to sort things out he can only contact me during working hours.

Despite my attempts to sort it amicably they are both equally determined to prove the other wrong.

I haven't received complaints from any of the other nieghbours and in every other respect my tenant is well behaved.

Any thoughts folks?

justaboutsane
25-02-2007, 09:54 AM
Tell the neighbour to report it to Environmental health if he is that bothered. You cannot evict your tenant without proof from an EHO that he is making excessive noise! (You can but the neighbour wont know that!)

My sister is living next door to a couple who make malicious complaints so I can see where your tenant is coming from!

If the guy continues to harrass you take the letter you have written to the police regarding contact within office hours only and make a complaint.

Rebecca12
25-02-2007, 10:07 AM
Thanks for your reply.

The local authority recently became involved at my request and has spoken to them both without a resolution as yet. Early days I suppose - do you think I should just sit back an let them get on with it, safe in the knowledge I have acted as a socially responsible LL?

MrShed
25-02-2007, 10:26 AM
Agree with JSA - if the neighbour carries out his threat about keeping contacting you, then both you and the tenant(IMO) have potential claims for harrassment against him. Sounds like quite a malicious person! Presumably your tenant has said that he will stop playing late nights?

Rebecca12
25-02-2007, 11:04 AM
The tenant is saying he doesn't play late at night.

However, despite finding the neighbours behaviour unacceptable I can't help thinking that my tenant has become slightly miffed and decided to let the neighbour know what its really like being disturbed. And so it goes on.

DianeB
25-02-2007, 11:38 AM
It sounds to me, Rebecca like you are becoming some sort of referee against your will. You obviously can't bang their heads together, but maybe tell the neighbour that you will look at any complaint he has so long as he puts it in writing to you. You could also reiterate that any verbal abuse or threats to you will be taken seriously and straight to the police.

DianeB
25-02-2007, 11:41 AM
Just a thought, Rebecca, would it be worth chatting to any of the other neighbours to see if they have any problems with your tenant's music playing?

Paragon
25-02-2007, 11:48 AM
Is it possible that the LL has done what is required of him, in that, he has investigated the complaint? Is it possible that he can now reasonably write to both parties and explain to them that it is now their own responsibility to sort the problem out, and, if need be, to have a court session with a third party to determine the next course of action?

Worldlife
25-02-2007, 13:38 PM
Just a thought, Rebecca, would it be worth chatting to any of the other neighbours to see if they have any problems with your tenant's music playing?


The responsibility for obtaining this evidence rests with the tenant providing the necessary information and details to the Environmental Health Department.

What is needed is evidence of the alleged noise nuisance and it is in my opinion inappropriate for the landlord to accept at face value hearsay information as evidence.

Best the leave the matter between the tenants and the Environmental Health Department.

This proposed course of action puts the landlord in the position of an amateur social worker. I would suggest the professional landlord approach should be to ensure that the matter is dealt with officially and legally - and that must be through the Environmental Health Department.

At the end of the day stirring up the other tenants could backfire if the landlord cannot do anything.

DianeB
25-02-2007, 14:07 PM
Good point, Worldlife!

chris363
25-02-2007, 14:37 PM
Hi all,

I had a situation recently where my tenants were complaining to me regarding the house next door to them being noisy. They asked me to sort this (the tenants wanted to remain anonomous) so i contacted the enviromental health and explianed that i was the LL and would like to sort this. They told me that as i was not living there and that as i was not actually suffering the noise i was powerless to actually do anything apart from getting the process started and enviromental health wrote to both parties, my tenants were asked to keep a diary of events and times etc.. I am not now able to do any more as it is up to them to sort it with enviromental health.

Chris.

Dirty Stop Out
25-02-2007, 19:13 PM
Ask your tenant to request noise recording equipment from your local council and that will determine what time this guy plays his music. If found guilty, he could be served with a noise abatement notice.

heather5
25-02-2007, 19:23 PM
Just curious - what sort of musician he/she is and what instrument(s) does he/she play.

I have a piano - and used to be really good many moons ago - but now only play occasionally for fun.

Sometimes I've lived in places where people loved me playing - other places -even if it was only during the day at weekends - neighbours complained.

Ironically though, the places that complained - used to play their CDs - not such good music to my ears - really loud - long before I started to play (I always spend a month in a place before attempting to play - just to understand the noise around me).

Tended to be - people who loved classical music - were happy for me to play whenever I wanted - and my current neighbours love hearing it although they profess to know nothing about classical music.

Also been in a place where they complained about my piano playing but would play their electric guitars really badly after coming home from the pub! Particularly on a Saturday night at 3am!

Thinking about it in these terms may help you assess whether or not it could be someone being malicious - or someone who doesn't appreciate music of a certain type.

Rebecca12
25-02-2007, 19:44 PM
Thanks for all the replies, this has been incredibly helpful.

I had thought about speaking to some of the other neighbours but think this may be stirring up a hornets nest. Agree with Worldlife the best approach is to ensure the matter is dealt with officially and legally.

I have kept a log of all calls, letters and discussions and after receiving another call this weekend plan to discuss it again with the Local Authority then write to both tenant and neighbour advising them that further noise complaints should be made directly to them.

thanks again!

Rebecca12
25-02-2007, 19:58 PM
Heather -just seen you reply.

My tenant plays the banjo! Apparantly very well, as the neighbour sometimes finds it difficult to decide if its him or a CD.

To be honest though, before he complained about the music he complained on the day my tenant moved in and said he had been drilling and hammering till late at night. His solution was to go banging on the door shouting abuse. How to make friends and influence people, eh!

Understandably, my tenant told him not to come back and from then the neighbour has seen me as some kind of public service everytime he feels disturbed. What he fails to accept is that noise carries in both directions and there are 4 of them making it compared to my one tenant.

Sorry, for the rant...... I would love to have someone next door playing the piano!

Furat
26-02-2007, 11:57 AM
You don't have much to do with this. Yet.

if the coucil or noise abatement or whoever finds that your tenant is making a nuisance fo himself, then you can act.

Otherwise there's no point in contacting you.

Unless you're the musician's mum?


But it's a good idea to send them both a letter detailign who to contact in case of noise, and that continued noise would lead to legal proceedings that can be started up. They can see you sent the same letter to both of them, and that you have no interest in this one way or another. if the someone is disturbed, they can get noise control to sort it out.

It will be seen as you 'doing something' about the noise by the neighbour, and as you 'doing something' by the tenant.

Win/win.

Let them sort it out.