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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

What can I do about vexatious noise complaints?

147 replies

Whatisthisfuckery · 27/03/2020 14:08

I’ll try to be as brief as possible but please bear with.

My downstairs neighbours have been making vexatious noise complaints about me to the council.

Background

Last year a notice appeared in our hallway asking residents to please be mindful of noise. I went down to speak to my downstairs neighbour to make sure it wasn’t anything I was doing that was causing the noise. They said, yes, it was they who’d put it up, and that there was a tumble drier making a noise. I said it was probably mine and we agreed a time when it would be switched off in the evening. I recorded the conversation and stuck to the agreement on the couple of days each week that I used my drier.

Fast forward a couple of months and I get a knock on my door from the council. Apparently a noise complaint was made about me using a tumble drier late at night every night. I told them that this wasn’t the case, I certainly don’t use it every night and that I had stuck to the agreement made about when it should go off. They seemed happy enough and went away. I then went down to talk to the neighbour again to ask them why they’d made a complaint when we’d agreed and I’d stuck to it. They said they hadn’t made a complaint to the council they’d complained to the letting agent and it was ages ago. Again I recorded it on my phone. I was a bit confused but let it drop but I told them as before that if they had an issue to please come and discuss it with me.

Fast forward to today and I get a telephone call from the council again. Another noise complaint has been made about me, this time about me playing a musical instrument 8constantly* between the hours of 10am and 6pm. Well yes, I do play the saxophone, but I practice for about 30 minutes up to three times a day, certainly only in the day and not every day. I told the council man this and he seemed happy enough and said they’d close. I mentioned the previous complaint and he wasn’t aware of it.

I went down to speak to my neighbour again, again I recorded it on my phone. They said they didn’t make an official complaint but that the council had called them today to ask whether their previous noise complaint about the tumble drier had been resolved. This is the previous complaint they denied making remember. they said they only mentioned the saxophone in passing but it definitely wasn’t an official complaint, and that the council had definitely only called today to ask about the previous complaint they’d made. During the conversation neighbour went from them saying they told the council I play a saxophone sometimes to them telling the council I play it constantly. I knew they were lying but again reminded them that if there was a problem, come and speak to me.

I called the council man back and asked if the council would call and ask a complainant about a previous complaint. he said that they definitely would not unless a notice had been served. He couldn’t confirm who had made the complaint but he checked back about the last complaint and said it was closed 5 days after it was made with no further action, in fact it was nowhere near the threshold for further action. He said he had called the complainant about the current complaint about the saxophone today and that the complaint had been lodged last friday. I asked if there was any channel I could go through to report vexatious complaints and he said that the only way was to report it to the police for harassment.

So neighbour is telling big fat porkies and I have it on recording. They are making vexatious complaints about me, for what reason I don’t know. I called 101 but was told it’s not a police matter, so no help there.

What can I do about this? It’s making me feel unwelcome, stressed and fearful in my own home.

OP posts:
Whatisthisfuckery · 27/03/2020 14:37

Anyone?

OP posts:
HappyHammy · 27/03/2020 14:42

Can you arrange a 3 way discussion with you the council and neighbour. Suggest neighbour contact environmental health noise dept and ask them to advise about recording the noise they claim you make. Is it private or social housing. Read up their harrassment policy.

Whatisthisfuckery · 27/03/2020 14:43

It’s private rented. There’s no harassment policy on my contract, where might I find it do you think?

OP posts:
Thehop · 27/03/2020 14:44

Private solicitors letter, or ignore? Explain to each person that comes after a complaint and you’ll be fine, as you’ve already seen.

I can understand them being annoyed at the saxophone. But I’m sure you’re entitled to practice during reasonable hours so I don’t see that there’s much they can do?

kaldefotter · 27/03/2020 14:44

It's difficult. You may have the very best of intentions, but I can't imagine living downstairs from someone playing the saxophone up to 3 times a day.

Thehop · 27/03/2020 14:44

That’s a good idea. Bounce back to the inspectors who chase up the complaint that you want a recording

HappyHammy · 27/03/2020 14:45

Maybe your letting agent can help you

Doggomatic · 27/03/2020 14:47

Saxaphone 3 times a day?

Oh man. I could murder my kid after 20 mins when he practiced trumpet. I used to have to put him at the opposite end of the house from me (upstairs bathroom) because it was fingernails down chalkboard noiseI'm afraid I'm wondering how sociable it is to play that much saxophone

mencken · 27/03/2020 14:48

at the moment with everyone trapped at home you are lucky that saxophone hasn't been rammed where the sun doesn't shine. 90 mins of that per day will drive everyone demented even if you are super talented.

as someone on the receiving end of people who think their noise is ok as long as it is intermiitent - please, no noise that can be heard outside your property.

Bluntness100 · 27/03/2020 14:50

Difficult, in reality playing the saxophone three times a day for thirty mins would test the nerves of most people. Even if you’re philharmonic good, which it’s likely you’re not.

It also looks like your neighbour doesn’t want to get into it with you, so is avoiding the confrontation and down playing it, and hoping the council will deal with it.

Do they agree to the recording of them? It’s very odd to do so as your very first move. That usually signals something else is at play.

Tableclothing · 27/03/2020 14:50

Playing a sax in a flat is pretty antisocial. How would you feel if they played the drums for 30 minutes 3x a day?

Bluntness100 · 27/03/2020 14:53

Saxophones are very loud, there are ways to quieten it, I think one is literally to put a sock in it. Have you looked at ways to quieten it?

Doggomatic · 27/03/2020 14:53

And I think with playing it 3 times a day, spacing your practice means your neighbour never knows that "it's finally over for today". Would you consider practicing just once a day for a bit longer?

AfterSchoolWorry · 27/03/2020 14:54

Saxophone 3 times a day! 🙉

That must be very annoying.

Thatbloodybear · 27/03/2020 14:54

Surely this is a wind up?
You can't think it's reasonable to subject your poor neighbours to 90 mind of saxophone daily?
1/10 for believability OP Grin

ConstantlySeekingHappiness · 27/03/2020 14:58

If this is actually true, which I don’t think it is, then YABVU.

Recording your neighbour??!! Seriously??!! The very first time you spoke to them about this?

Why would it even occur to you to do that about a simple noise complaint.

And are you sure it’s not other neighbours complaining too....

DonPablo · 27/03/2020 14:59

The council are used to vexatious complaints where nuisance is concerned. If you aren't causing a nuisance, any investigation will show that. They can complain as many times as they want. But, what councils do warn people who make multiple complaints of noise/nuisance is that where no nuisance is found repeatedly it damages any case where there is a nuisance.

Try not to worry. If you're not causing a nuisance there is no action a council will take. It's a simple as that.

ChicCroissant · 27/03/2020 15:01

Reverse?

OhCaptain · 27/03/2020 15:05

Is this a reverse? Please say it is! 😂

BusyBB · 27/03/2020 15:09

How do you know it's definitely them complaining? I've been hearing my diagonal neighbour's music.

And as PP have said, noise when you arr stuck at home is annoying. Maybe deal with the complaints by being a more considerate neighbour and not making so much noise. A lot of people are still needing to work, either from home or going to work and coming home tired wanting to relax.

KrisAkabusi · 27/03/2020 15:11

You're playing the saxophone three times a day. And you're secretly recording every conversation you have with your neighbours? You sound like the neighbour from hell!

Poppi89 · 27/03/2020 15:12

Are you sure there are no other neighbours complaining?

The last I knew that if you were having issues with the neighbours eg loud music, dogs barking etc then you get a noise recorder and you use that as proof. This is for council/HA but they won't do much apart from give you a warning unless someone has actual proof of a recording. I also think this may be only for unsociable hours.

AgeLikeWine · 27/03/2020 15:12

Nice try at a wind-up, OP Smile. I would be complaining about an upstairs neighbour playing the saxophone for 90 mins a day, too.

Poppi89 · 27/03/2020 15:13

Could something else be making a noise that sounds like a tumble drier?

Whatisthisfuckery · 27/03/2020 15:14

Not sure why anybody would think this is a reverse, or that I’m making it up. Oh well, this is Mumsnet.

The council have said it’s perfectly reasonable that I should be allowed to play my musical instrument for up to 2 hours a day. If neighbour had been truthful about the amount of time they wouldn’t have even followed it up. It might be bloody annoying for some, but I’m entitled to play a musical instrument. Where else would you suggest I do it? Having an agreed time does sound like a good idea though.

I recorded the conversations because I like to cover my back.After being married to and subsequently divorcing a lying gaslighting shitbag, it’s just something I do.

OP posts: