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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Noisy upstairs neighbours

13 replies

MsVTired · 15/05/2016 09:43

AIBU to want some peace and quiet and to enjoy my home?

I live in a ground floor council flat, tenants above moved in the same time and ever since I have had no peace.

It sounds like a heard of elephants stampeding every day. Noise starts from 5am with their 3/4 year old child repeatedly jumping, running around banging things, slamming doors and screaming / screeching. noise will stop around 8:15am on weekdays then start again at around 2.30pm till 8pm.

weekend it can start from 530 till around 12pm or go on for most of the day. I have asked them at least 5 times, to please keep the noise down but the tenants always have an excuse like "he's not making noise he's watching his iPad". Hmm Then why Is my flat vibrating and I can hear him screeching!

I also don't think they have laminated flooring although it sounds very loud when they drop things, I just think they have a thin carpet with no underlay at all. both parents are very heavy footed so simple steps sound like Stomp, Stomp Stomp! I literally jump at hearing themBlush

I honestly do no know what to do, I have notified the council soo many times, they only thing they say is they have to witness the noise themselves. The noise officers do not start work till after 8pm so I don't know how are they going to hear the noise throughout the whole day Sad.

The one time I did call after 8pm about the noise upstairs they said they were on there way, they called at nearly 10pm to ask if it was still going on as they were still in the office Angry by then the noise had stopped so they didn't come out.

I have a 4 year old child who asks us (dp and I) why there is so much noise, it's affecting us all. we are hardly at home during the day due to working, but when we are in the noise from upstairs is unbearable.

If I could move I would do so, but I'm not in a position to afford private rent, I feel as if I am stuck and will never be able to have any type of peace.

Sorry for rambling but I'm really getting down about this, I'm tired of all the noise.

Thanks for reading.Flowers

OP posts:
Original poster
MsVTired · 15/05/2016 14:36

Has any one over come this problem without moving?

OP posts:
barbet · 15/05/2016 14:39

We moved Sad sorry for you, it's horrendous and really does keep you on edge permanently.

However, there is noise surveillance equipment which measures sound levels, could you ask the council about that? How about recording the sounds too?

Kitty3E · 15/05/2016 15:12

The problem is as they have nobody above them they will never understand the mental torture it is with stomping above you. The fact they have denined your complaint by claiming he is sitting when he is running around is proof of that.

AliceInUnderpants · 15/05/2016 15:17

Would you be open to swapping flats with them?

AndTakeYourPenguinWithYou · 15/05/2016 15:23

Would you be open to swapping flats with them?

Why would they do that?

Original poster
MsVTired · 15/05/2016 15:23

Thanks barbet, I have asked for the noise equipment and there is a waiting list for it.

It's hard to record the noise as my iPhone doesn't pick up the loud thuds or the door slams Confused it's very weird. most of the noise is impact on my ceiling (there floor) so that's very hard to pick up.

I wish wish wish I could move ! I just can't afford the rent, a lot of private rental do not take housing benefit which I don't even think I would qualify for. The noise keeps us on edge, if I hear a car pull up and I hear that child screaming (from outside) my anxiety rises.

Kitty3E you would think they had no one above but they actually do, which I think makes it worse as they know what it's like and continue to do so.

I'm at a loss.

OP posts:
Original poster
MsVTired · 15/05/2016 15:29

Alice, no I wouldn't swap with them they have someone above them so I could end up in the same situation and apparently they've complained about them for noise Hmm

OP posts:
mummymeister · 15/05/2016 15:30

A noise, any noise, can be a statutory nuisance any time during the day or night. I would go back to Env Health because they have not given you the right information or advice.

  1. you might have a sound insulation problem between the flats. there are certain minimum standards they are expected to achieve. you can ask your housing officer and eho to meet at your flat during the day and let them hear the noise and request an airborne and impact noise assessment. if they drag their feet over this (no pun intended) go and see citizens advice and get some legal support to make them do this.
  2. the council as part of their tenancy can ask for underlay and carpet to be provided. if you show your neighbour that this is serious and causing you a problem then this might pull them up a bit.

you can resolve it but you do have to keep on and on at people which I know is very wearing. do take some legal advice though. we used to call it taking S99 action but it might well be called something else now as I have been out of the env. health for a few years.

Kitty3E · 15/05/2016 19:43

Their neighbour above is prob considerate if only u could swap n be above them

TigerPath · 15/05/2016 20:27

I had this problem in a privately-rented flat. It was a toddler screeching, running, banging and jumping off furniture until 2am and it nearly drove me insane!!

I complained to the agent twice and when that didn't work I took to banging the ceiling with a broom and shouting. That was more effective! I also spoke to the parents on numerous occasions but they liked the toddler up late as the dad worked nights!

Original poster
MsVTired · 16/05/2016 15:57

Thank you,

mummymeister, the council have told me (with glee) that "by law they do not have to provide soundproofing between dwellings". I have had that quoted quite a few times now, so they basically said they can't help me as the flats are old and they did not have to have a certain level of soundproofing when they were built.

Will a solicitor be able to actually help me? what can they do?

TigerPath, every time I've tried to hit the ceiling with a broom, the ceiling chips away and dents and doesn't have the same sound impact at all I wished it had.

OP posts:
mummymeister · 16/05/2016 16:03

MsVTired - that isn't true. please go to citizens advice and ask about this. they don't have to provide sound proofing but they do have to ensure that it meets the relevant building regs standards for impact and airborne sound. please get some proper legal advice. you can take your own legal action against the council to sort this out if they keep fobbing you off.

sorry but you either have to put in a lot of time and effort to solve this problem or you move. these are really going to be your only 2 options.

Original poster
MsVTired · 16/05/2016 16:29

Thanks mummymeister Flowers you've actually given me hope as I genuinely thought I couldn't take any sort of action against this noise, I guess the council will keep fobbing me off until I leave it.

I will find my local CAB and ask for advice there too.

I have no problems putting the effort in, I have successfully taken legal action against a previous council due to disrepair of my previous property.

Thank you again.

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