complaints about my 2yr old being too loud running around

[mumzie81]

hello, can anyone help me, i have lived in my 2nd floor flat for 5 weeks now, and i have a 2yr old and 6yr old, and recently a single mum, my down stairs neighbour has complained that my children are making to much noise when playing, that they work night's and need to sleep in the day, so my 2yr old is disturbing them, i appologised, and have been trying to, keep the noise level down, but there is only so much sitting down and still a 2yr old can do, this is our daily routine, we wake at 6am have breakfast get ready and leave at 8.15am to take my 6yr old to school, my 2yr old and myself then get home about 9.15 and she sleeps from 9.30 till 11.30 then when she wakes sits her high chair about 12 for lunch till about 12.30, so the noise from her isn't that much for that long, they then spoke to my landlord 3 times, and they adviced me to write a letter, so i did exsplaining that my landlord had contacted me, about the noise of my children playing disturbing them, my youngest is two, that i am trying to lower the noise level, and am recently a single mum, so his cooperation and understanding would be gratefull, and he has now gone to the flats managering agents, with a copy of letter, and put in another complaint, i could understand if i was playing music loudly, or having wild party's, or letting my children tear the flat appart, but im not this kind of person, i am doing the best i can on my own, and my children mean the world to me, i have already lost my family home through money problems because of the divorce, and the last flat i rented the landlord needed back half way through tennancy, because he split with his wife, i have moved my daughter into 3 new school already because of moving, and i really really don't want to have to move again, has anyone got any advice, is this classed as noise nusence, can i be kicked out etc ???

Try talking to the noise officer at the council. I doubt they would class this sort of noise as unreasonable any more than it is unreasonable to sleep in the day if you're on a night shift. I doubt you can be evicted or that a noise abatement order could be served, but that won't make it easier to get on with your neighbours. A bit of knowledge might set your mind at rest about your rights though.

That's really unfair! A two year old will do what two year olds do at that age and theres not much you can do about it.

I am always amazed at the people living in ground floor flats who complain about noises from above, what did they expect!

I sympathize with those who work nights but they shouldn't expect the rest of the world to live in silence during the day and tip toe around. They need to be the ones to make the changes and if that means ear plugs or whatever then that's what they need to do!

Why should your life and probably all your neighbours/passers by, be dictated to so much by their job choices!

If they chose to work nights, fine.

If they chose to live in a ground floor flat, fine.

Combining the two is just stupid!

Agree with Poopoo. I sympathise with people who work nights & sleep in the day but it's their choice, and is not the norm or how most people live, so it's BU of them to expect you to tiptoe around in the daytime. Presumably you/your DD aren't wearing clogs in the house, so I would try not to feel guilty.

I think your neighbours are being unreasonable and should buy some ear plugs.

It sounds like you're trying to keep the noise down to a reasonable level. It's not your fault that they work nights; they have to accept normal levels of daytime noise.

you're neighbours are being totally unreasonable, you have kids who are just doing what kids do. As you have only been there 5 weeks I think you're neighbours are just testing how far they can push you and bully you into making their daytime sleeping go uninterrupted. Be nice to them for the first few times they complain but if they keep complaining toughen up to them and advice them you are living normally in your home and not making excessive noise and they will just have to get used to it (as you can always be louder if you like;-) ) Who lived there before you? If the flat had been vacant for some time they have maybe just gotten used to having silence. Post earplugs through their letterbox and crank up your radio for a few days then tail it back and they'll think you are being helpful

The noise of children playing is not considered to be a noise nuisance. I've just had a look at the council website from where we used to live and it says

Things we cannot deal with formally include:

Slamming doors
Household appliances
Noise from children
Hard floor noise
Shouting

Have a look on the website for your council under noise and you will probably find the same thing.

They are being utterly ridiculous. What did the landlord say to you?

You pay to live there and need to live your life.

Speak to the landlord and ask when they can do to help. If you have wooden floors, carpeting would help, if you have carpets I think there is an underlay they can use to soundproof.

But really, you do not have a problem here. Your neighbours need to accept you live there.

I am wondering what if OP took the initiative & contacted the noise abatement people at council, say what OP/we think, that OP doesn't' think her family noise is unreasonable, but perhaps they could formally assess to back that up & put her mind at ease.

Or would that possibly backfire? :)

I have the same situation, 1st floor flat with a women with teen girls underneath. My household is up somewhere between 6am ish and 7pm yet she complains about hearing mine 1,6 and 8. my auguement being i lived here for 5yrs before her and its not my fault she choose to swap from a house to a flat. my household noise only occurs during the day, yet she feels on the occasion its fine to start playing loud music with bass at 9pm till 4am-yet im the inconsiderate one apparently. Anyway shes batty as. I wouldnt worry too much, you cant get evicted for something like that just let her stew.

YOur situation is not their concern. having been a downstairs neighbour I would not be amused at two children living above me because children are noisy.

The council wouldn't investigate proactively, as an assessment needs to be made at the point where a nuisance occurs (usually in the complainants home).

There are two factors at play here, firstly the neighbour works nights, which in the realms of Env Health is considered an unusual working pattern and as such cannot be considered when assessing nuisance, and secondly the upstairs flat, which it would be expected would lead to different tolerance level than say a terraced house.

Provided the op hasn't installed hard floors, and us living in a normal manner, there would be nothing that could reasonably be done EH wouldn't get involved.

Personally, I would request that they approached this through EH and leave it with them. At least that way you have an independant ear involved.

Gosh, how awful for you- your neighbours are being very unreasonable. I would be inclined to do nothing. Your children are just being normal- it's not their fault that their neighbours work nights. I doubt very much that you can be evicted for just normal noise.
I apreciate that working nights ca be tough, but do they really expect therest of the world to stop?
You don't have to do anything, what else can you do? Just ignore the neighbours. They can always buy some earplugs if they need to.

what on earth do they expect you to do??? you are doing your best, you have to live. don't be bullied by them

thank you all for your help and support, good news the landlord is renewing the contract for another 6 months and, more thicker underlay was put down, under the carpets, and so far so good :o) xxx