Noisy upstairs neighbor

[Anotherdayanothernight]

Not sure I'm unreasonable but we have fairly new neighbours, since about 3 months, and they seem pleasant enough, however when they moved in they explained that one of their children (they have 2 about 4 and 6) is hyper active.
They live upstairs and the hard thumping, running around and loud screaming starts around 7-7.30, until 8.30-9pm (apart for when in school).
Any suggestions please, would appreciate if they would respect us living downstairs. I do accept they are young children and will make some noice but I would also appreciate if they could somehow reduce it..

I've had same problems in past. It's a living nightmare. Report to council environmental health, keep log of noise, report to housing association/landlord if you have one. 11PM tends to be legal cut off point noise wise. People don't take it so seriously in the day. After 11pm, they can receive a fine.

Call 101 if really bad.

Thanks for your suggestions, I sympathise with your hardship. They do not make any noice normally after around 9.30pm though

There's literally nothing you can do apart from move. Council won't care, police certainly won't. It's considered normal noise.

If you own the house, would actively discourage you from trying to complain about it in any official capacity, as this would need to be noted on your Property Information Form.

I don’t think you should report it until you’ve spoken to them about it and let them know how it’s affecting you. Most people are reasonable and will try amend when they are aware of things like this, although yes it’s harder when its kids.

Sadly there is no such thing as a legal cut off point - the whole 11 pm thing is a myth.

Sorry - meant to add that this is a really horrible situation for you to be in and really flats should be built more solidly to avoid this kind of thing.

I agree that in an ideal world flats would be properly soundproof to avoid this.

The council would class walking around, even though it's with heavy footing, as normal living noise and wouldn't do anything about it as it isn't being done to cause a nuisance.

If the child have hyperactivity (presuming they mean ADHD?) and it is this child making the noise then they won't be able to help a lot of it. Both my sons are autistic, one of them is suspected to also have ADHD but he cannot be assessed for it, and a lot of the noise he makes is uncontrollable.

Thanks for you replies, I don't mind some noise and we live in a maisonette which is over 100 years old so pretty well insulated.
If anyone have any suggestions how to address this with the upstairs neighbours it would be much appreciated, surely there's something they can do?

Tactfully check they have carpeting down rather than wood or laminate? Suggest some thick rugs for over the top?

Are ylu an owner occupier or are you renting?

Joe, we own and the upstairs neighbours rent

But why would that make a difference?

Is it a private rent or housing association? The remedy if there is one depends upon who can enforce the requirements in the lease? If its a HA most tenancy agreements contain a requirement for carpeting in the main living rooms and the bedrooms.

Headleases are normally pretty similar throughout a block but not always. Check through your own lease and see what it says about floor coverings as a starting point. If they are in breach of the headlease then you can request the freeholder enforce the lease covenants. If there is already carpeting down it comes down to whether the noise is unreasonable and is interfering with your quiet enjoyment. HA s have to be careful because of their duties under the equality act (assuming your neighbours child has a disability), so it might be difficult for them to act.

Find out who your neighbours landlord is, and complain directly to the landlord regarding noise nuisance. Tenancy agreements(especially housing association/council) have clauses relating to not cause nuisance to neighbours, so if its unreasonable noise, they can be evicted, but it is a long process, and the fact it is the children does not help.

You can try talking to them, but in my case, I've found that doesn't do anything, and I've always had to take the formal route.

Apologies @thisisthend but a HA is very unlikely to evict a family with a disabled child when the child is making noise over which it has little or no control due to its disability.

They can also move a family to alternative accommodation, if eviction is not an option.