Continous noise complaints from 'vulnerable' downstairs neighbour. Can you advise?

[HurryUpSpring25]

My friend was recently given sole custody of his 9yo DD and the pair of them moved into a council flat within a block.

Within a few months he was being contacted by his housing officer to let him know that his downstairs neighbour had been complaining about noise.

Friend attempted to visit the neighbour a couple of times to apologise and ascertain what exactly it was he was hearing, because they don't make any antisocial noise. The man downstairs didn't open the door.

The housing officer thanked him for trying, assured him his tenancy wasn't at risk (he was scared that it would be) and told him that the neighbour was vulnerable. Apparently its "banging" the man is hearing.

My friend reached the conclusion that it must be his DD getting excited on the PlayStation (daytime hours) that the neighbour was hearing as it couldn't possibly be anything else. He makes sure DD knows not to jump around or get too excitable.

The flat is fully carpeted. They don't even have regular visitors. Never play music. No shouting etc.

The complaints continue.

The worry has resulted in him basically micro managing his DD indoors to make sure she isn't being loud in any way and it's making her really unhappy living there.

My friend is a vulnerable person himself. He and his DD have been through a lot (DV) and this was supposed to be a safe haven and their forever home.

Another complaint came through today and he's just distraught.

The housing officer told him not to worry about it but he's in bits. When asked, the H.O said that the downstairs neighbour did the same thing with the last tenant (an elderly lady who has since moved into a care home) - so I don't think it's about him and his DD at all, the bloke would probably do it regardless of who lives there. I don't see why the H.O keeps making him aware of the complaints if he knows its a load of rubbish.

Friend and DD lived in uncarpeted upper level temporary accommodation for over a year prior and never received one single complaint about noise.

What on earth can be done in a situation like this? I'm trying to support him but I'm at a loss what to advise beyond drafting a letter to the H.O putting across his side and explaining how all of this is negatively affecting them. Which I've now done.

Any advice welcome

Perhaps he needs to listen to the Housing Officer and not worry so much? The complaints wouldn't stop even if he was silent by the sounds of things.

What do you mean the complaints continue?

Does the HO believe the complaints?

Is the HO issuing a warning

You said the HO said that the tenancy is not at risk so this implies the HO doesnt believe the complaints

So whats the problem, surely your friend just needs to live his life and get on with life?

Do you know why the HO keeps raising the complaints with your friend, is it just a duty or is it because the 'noise' needs to be reduced?

He needs to make his own complaint to the housing officer about harassment from this tenant because harassment, including malicious complaints, is anti-social behaviour. Housing officer needs to follow it up with the other tenant and tell him that it'll be escalated if the harassment continues.

They have a duty to notify tenants when a complaint has been made. They should have a malicious complaints policy that should have kicked in by now.

He definitely needs to put in his own complaint, especially regarding the stress this person is causing.

Your friend should report his neighbour for harassment.

2 can play that game!

Sounds like he could counter-claim for malicious or vexatious complaints. Isn’t it a form of harassment?

I’d be tempted to give him some noise to complain about.

Thank you for the replies!

The impression I'm getting (based on what my friend relays to me) is that the housing officer isn't taking the complaints seriously, hence telling my friend not to worry.

Unfortunately my friend is panicking regardless (due to his own poor mental health no doubt)

He isn't the best at thinking objectively when under stress as his anxiety takes over and he fears that eventually after so many complaints he'll end up losing the flat.

When I say the complaints continue I mean the neighbour continues to make complaints regardless of the amount of effort my friend puts into ensuring there is no noise coming from the flat.

I wasn't aware you could make a counter complaint for harassment with something like this that's really good to know. I will relay these replies to him in a mo.

Your friend shouldn't worry; this guy just doesn't want anyone living above him and this is how he gets that.

I hope that the HO makes a log as malicious, but your friend should make his own log of the interaction with the HO. It might make him feel more in control to have the reassurance written down each time.

Good luck to your friend and his boy.

I don't know anything about the HO's policies and procedures but malicious complaints sprung to my mind too. Perhaps next time the HO speaks to your friend he can say directly that constantly hearing about all these complaints is affecting his mental health and ability to enjoy the property, so is there a recourse? Eg mediation or a malicious complaints policy - show how reasonable he's being throughout. But I can't see why the HO keeps telling him if he's essentially saying "ignore them" anyway- just causes stress and bad blood.

Yeah, your friend needs to counter the complaints because he and his child have already reduced their noise, your friend needs to speak to the HO about the constant complaints which are having a negative effect on both his wellbeing but also that of his 9 year old child and its not acceptable.

He could say that he can not physically be any quieter than they are and that the issue is becoming malicious.

The idiot in the flat below needs to stop making false complaints. He may not be firing on all cylinders.

Toilets flushing, doors opening and closing, boiler kicking in is all living noise and HA's can do nothing about living noise.

Agree with PP, this is harassment.

The HO should not be passing these complaints on, that is also harrassment and contributing to your friends anxiety and distress.

I'd be saying to the HO 'what do you want me to do with that information?'. If the answer is nothing I'd tell them to refrain from passing on unfounded complaints. I'd also discuss putting in a complaint about neighbour, more to encourage HO to back off but take it forward if need be.

I've lived in social housing all my life.

Counter complaint is the way to go, in my opinion.

He should tell the HA that it's affecting his mental health and he can't even live in his own home without fear of complaints for perfectly reasonable, regular living noise.

Ah, your poor friend. That sounds such a stressful situation for him to cope with.

Maybe the man is trying to get a different place to live and is using any noise as an excuse to be re-housed.

But your friend mustn't let it spoil his child's enjoyment in their flat. The other person will hopefully be told that nothing is going to be done and will learn to live with it. We had a nasty neighbour when we were young who even shouted at us for walking a teeny bit over the shared drive. Made my parent's life a misery and in the end they just ignored her. It is the only way tbh.

It’s harassment and it’s got to the stage where the harassment is affecting your friends mental health. They are not in the wrong here. They need to report this.

This guy is a vexatious complainant. I would get your mate to put in a counter complaint. It's bullying behaviour. The HO really need to put a stop to all the complaints and shouldn't be entertaining them.

This is acceptable noise and should not be treated as an ASB complaint by the landlord.

Housing Ombudsman are very clear that complaints like this should not be treated like ASB with victim and perpetrator.

This should be treated as a neighborhood management issue and restorative conversations explored.

Your friend should not be made to feel like a genuine complaint has been made against him as this clearly does not meet the threshold for ASB or statutory noise nuisance.

I think he should let the HO know that as these are not genuine complaints reaching the threshold of ASB or noise nuisance, he would rather not hear about them as it is causing him distress and there is absolutely nothing he can do to reduce noise as he is not making any kind of unreasonable noise in the first place.

He has attempted to discuss with neighbour and has continued to be a good neighbour himself and would rather not keep hearing about these reports as they have no basis.

As it's not asb the landlord doesn't need to follow the same process and notify your friend every time. They should be trying to manage this with the other tenant and possibly offering support.

He does nothing because he is doing nothing wrong, and has been told this. He needs to just carry on living his life as normal, not creeping around. There's nothing to worry about. He is not as risk of losing his tenancy. Send the letter and then tell him to forget it.

I've shown him all of your very helpful replies. Thank you.

He has sent the letter off to the housing officer so has done all he can really do hasn't he?

Yes, everything. He's tried to make contact and reduce noise. That's all. It's clearly someone who will complain about anything (or nothing) as it was done with the previous tenant. Ignore and carry on. He's been reassured it's all ok.