Letting a flat with a noisy neighbour

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  • KeepTheFaith
    replied
    Originally posted by Kleyshay View Post
    UPDATE

    I then decided to advertise it again at a slightly reduced rent, and be upfront with all potential tenants. Naturally it did seem put a few off, but there were still some takers. A couple have now moved in, they didn't seem to fazed about the neighbour and have even signed a disclaimer that I have informed them of past and potential issues and there is no recourse towards myself. It also states they will inform the LA of any issues, following the correct procedures. Now this is all great in principle, but the cynic in me is obviously sceptical, but time will tell.
    Seems like a good result Kleyshay. Let's hope it works out long term.

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  • Kleyshay
    replied
    UPDATE: Thank you to the people that have taken the time to reply and it is much appreciated and I have taken some of the advice offered and learned a few lessons.
    I decided against the recording equipment route, as the Local Authority would not accept this as evidence.
    I also decided against the sound proofing for the time being at least, due to cost and the fact it might not be all that effective.

    After numerous conversations with the Local Authority, about the situation, who informed me that the nuisance neighbour had voluntarily gone to them and admitted to everything. He told them he fears losing his Council flat and knows he has to change his behaviour and is willing to. From what I was told, he was entertaining a few unsavory characters at his flat which has resulted in all this. Hmmmm. Benefit of the doubt and all that.
    I did go to my property a few times and only heard music once and it was at a more than acceptable level.

    I then decided to advertise it again at a slightly reduced rent, and be upfront with all potential tenants. Naturally it did seem put a few off, but there were still some takers. A couple have now moved in, they didn't seem to fazed about the neighbour and have even signed a disclaimer that I have informed them of past and potential issues and there is no recourse towards myself. It also states they will inform the LA of any issues, following the correct procedures. Now this is all great in principle, but the cynic in me is obviously sceptical, but time will tell.

    Anyway once again, thank you for your replies, advice and suggestions.

    Leave a comment:


  • Kleyshay
    replied
    Originally posted by mariner View Post
    LLs can advise Ts on correct procedures but should not be involved with neighbour disputes.
    Why did you think a single mother with small child, was a suitable T, given the neighbour's alleged transgressions?
    Very good points Mariner. I suppose I thought I might be able to act as some kind of mediator / peace maker to resolve the situation, but you are correct, I should have never got involved. I guess I didn't really think that through letting to her and the possible pitfalls. Two lessons learnt. Thanks

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  • Kleyshay
    replied
    [QUOTE=KeepTheFaith;n1072377]Just a couple of thoughts.

    If you had the professional acoustic recording done when noone was staying there he could say to the court well noone was living there at the time so he wasn't being a nuisance to anyone. Indeed if he thinks noone is living there he may well make much more noise than he normally would.

    Yes that is exactly what the Local Authority Officer has said.

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  • Gandolf
    replied
    Hi
    Ive got a flat that's been rented no problem till last few months, same issues the leaseholders a waste of time and the police know him they are there often enough and landlord is private and not answering any contact from estate agents. My tenant now wants to leave hes been great so will let him. Must admit the noise isn't that bad yes you can hear it in flat but with tv on not really. Issue is hes always hanging around drinking etc Im not really sure what to do, will have to confront him and see how that goes cant see it being good. Lounge window is cracked bathroom is not a plywood window, wouldn't mind area is really good
    Hope you get yours sorted asap

    Leave a comment:


  • Hudson01
    replied
    This whole issue will either mean you need to charge less than the market rate for the flat (just to tempt them) or it could lead to the flat simply not letting if you disclose the noise issue which has been discussed, you would be putting yourself at a real disadvantage ....... but of course it's the ethical thing to do....... a nightmare.

    Leave a comment:


  • mariner
    replied
    LLs can advise Ts on correct procedures but should not be involved with neighbour disputes.
    Why did you think a single mother with small child, was a suitable T, given the neighbour's alleged transgressions?

    Leave a comment:


  • KeepTheFaith
    replied
    Just a couple of thoughts.

    If you had the professional acoustic recording done when noone was staying there he could say to the court well noone was living there at the time so he wasn't being a nuisance to anyone. Indeed if he thinks noone is living there he may well make much more noise than he normally would.

    Also someone with a 2 year old child will not be very tolerant of much noise at all. Whereas perhaps a young person nite owl type working in a bar during evenings (paying cheap rent) for instance may be less bothered. You should however give any prospective tenant a heads up of what to expect.
    ​​​

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  • DPT57
    replied
    Ex LA flats are usually cheaper than average for a reason

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  • Kleyshay
    replied
    Originally posted by leaseholder64 View Post
    Although this would normally be advised against, if you are unable to sell or let it, you could let it on a rent to rent basis to the council or another social landlord. Unfortunately this would probably make it worse for the good residents.
    Yes I did consider this and made an enquiry. The rent they offered was 60% of the rent I was receiving.

    Leave a comment:


  • leaseholder64
    replied
    Although this would normally be advised against, if you are unable to sell or let it, you could let it on a rent to rent basis to the council or another social landlord. Unfortunately this would probably make it worse for the good residents.

    Leave a comment:


  • Hudson01
    replied
    Very true indeed, but that's what the victim himself or herself ' felt ' at the time, if they feared they were about to be hit or struck then that is enough for a sec 39, for a section 47 to be brought then there has to be actual physical contact and indeed evidence (i.e a bruise or mark etc).

    Leave a comment:


  • MdeB
    replied
    Originally posted by Hudson01 View Post
    we could also have a section 39 assault (you do not have to hit or touch anyone for this to be proven)
    It is my understanding that "assault" is the threat of violence, and "battery" is actual violence (see https://www.legalmatch.com/law-libra...s-assault.html)

    Leave a comment:


  • Hudson01
    replied
    The noise i agree is not a Police matter but his doors getting bashed in and the possibility of further violence in the future is their business, as said he needs to go, his behaviour will not change and where ever he goes he will cause these issues, this is why i do not rent to anyone claiming benefits, i know there are those paying and working who can do this but the numbers are a lot lower. Just as an aside his aggressive behaviour is a criminal offence if the receiving party want to make a complaint to the Police, we could have one of the two public order offences (4 and 4a), if he does this outside or in the communal hallway, we could also have a section 39 assault (you do not have to hit or touch anyone for this to be proven), it all depends on if the '' victim'' wants to involve the Police.

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  • Kleyshay
    replied
    Originally posted by Hudson01 View Post
    i would also ask to speak with your local PCSO or PC and make them aware of his actions
    Thank you, I will certainly look into this. Obviously the noise issue isn't a police matter, but it may well be worth talking to them anyway

    Leave a comment:

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