Gaikokujin Posted March 20, 2009 Share Posted March 20, 2009 We live in a top floor flat in a small block in S11, all of the flats in which are either 1 bedroom or studio size. At the end of January some new tenants moved in to the flat below us and pretty much immediately we started hearing lots of loud thumping/banging, and what sounded like screaming and yelling going on until 9-10 o’clock at night. After giving it about a week in the hope that it would die down things didn’t improve so we went downstairs to introduce ourselves and (politely) ask if they would mind keeping the noise down. When we got there we realised that in actual fact the new tenants were a family of 4 with 2 young children. After explaining that we could hear pretty much every sound that the kids were making and that didn’t really think we should have to put up with that amount of noise every night, the mother’s reply was that she had already told them about being noisy and that she would try to do more about it. Unfortunately her "efforts" have proved useless as the noise of the 2 kids running around and shouting/screaming etc has continued. Whilst not every single night we can hear it quite clearly at least 4-5 nights of the week and on occasion it’s gone on until after midnight. Having spoken to our own landlady about the problem last week she said she would contact the building management company about the situation. At the same time we said we would contact the estate agents who had rented the flat out to them in the first place. After emailing the estate agents involved we received a reply saying that they had already been made aware of the noise issue by someone else and had visited the flat to explain the situation to the tenants. When I asked if they thought it was acceptable for them to rent a 1 bed flat to a 4 person family the reply given was that they had not been made aware of the family situation when the tenancy was signed, and that the "single" applicant had lied on the application form by not answering the question of whether children would be living there. According to the estate agents if they had answered “yes” to this question their application would have been rejected, so they are now technically in breach of contract. When I asked them what they planned to do about this, the reply this time has been that even though the tenant(s) are in breach of contract by lying on their application about they aren’t going to do anything about it. The only action they have taken is to tell the tenants that their contract won’t be renewed when the tenancy is up (August) and that they should try to keep the noise down. I really don’t think I can put up with this noise until August and quite frankly I don’t see why I should have to, but I’m a little stuck as to where to go from here. I’m sure there’s got to be some kind of rules & regulations about overcrowding in flats but I don’t know who you would contact about that. There is no way that a 1 bedroom flat is a suitable environment to bring up 2 young children so surely there must be something that can be done about it. I know that it is possible for the estate agents to obtain a court order to remove the tenants due to the breach of agreement - they admitted as much in their emails to me – but they don’t seem prepared to do that. I’m guessing that’s because they’re quite happy to continue receiving rent rather than to pay to serve notice on the tenants and then have the flat empty. Should I now look to make a complaint to the somebody like the Social Services department or is there somewhere else that I can go to? Link to comment Share on other sites More sharing options...
cod2gamer Posted March 20, 2009 Share Posted March 20, 2009 social services soo your gunna get there kids took away from them...not nice at all Link to comment Share on other sites More sharing options...
Gaikokujin Posted March 20, 2009 Author Share Posted March 20, 2009 social services soo your gunna get there kids took away from them...not nice at all Where did I say anything about getting their kids taken away from them? All I'm talking about is trying to have them moved them out of somewhere that is inappropriate for their needs. In my opinion - and the opinion of the estate agents who were duped into renting the place to them - a 1 bed flat is not a suitable place to be bringing up 2 young kids, and seeing as they had already been made aware of the problem by the time I spoke to them I'm clearly not the only resident in our block who feels that way as well. I don't know if it's the social services department, council or whoever who would be able to help sort out this situation - that's why I've asked the question. Not once did I suggest anywhere that I would want their kids to be taken away from them and quite frankly your assumption that I do want that to happen is extremely offensive. Link to comment Share on other sites More sharing options...
Charlotte_24 Posted March 21, 2009 Share Posted March 21, 2009 I wonder if the property owner is even aware of the situation? I certainly would not rent out a one bedroom flat to a family of this size, you could try contacting the counil as they can help with private rented properties too. Are the agents a member of any regulatory bodies (try searching http://www.arla.co.uk)? Link to comment Share on other sites More sharing options...
tis me Posted March 21, 2009 Share Posted March 21, 2009 Get some durable ear plugs that are likley to last till August.I suspect till then your stuck with it.If your really unlucky they will get their contract renewed. Link to comment Share on other sites More sharing options...
destinyblu Posted March 21, 2009 Share Posted March 21, 2009 just to let you know i was in sort of the same situation but with the council. i lived in a 2 bed ground floor flat with my daughter when she was born and 4 or 5 different men moved into the flat upstairs. there was loud asain music till the early hours banging,screaming and the tv was so loud i could hear every word most nights after reporting them for being anti social i was told to keep a diary of what times and dates and was told to ring the police to complain if it was late. i know the people recieved letters from the council but that property was rented. i would just keep a record of everythink Link to comment Share on other sites More sharing options...
berties_ears Posted March 22, 2009 Share Posted March 22, 2009 I hate to be the voice of doom but (and please refer to other threads about bad neighbours) unless you ar eboth council tenants, the council can not do a great deal. I spent a long time ajoined to a very sad individual who used to bang about and have music blasting out until all hours. God only knows what 'affection' he was lavishing on the Jack Russel he licved with but some of the noises it used to make in the middle of the night were more than just a bit disturbing!!! He was the most unreasonable man I have ever met and on asking him to keep it down a bit the only response I ever got (baring in mind he apeared to be in his late 30's) was 'But I like it loud'. I contacted the relevant council dept (environmental health) and the sent me a load of info and a diary to complete. Basically the routine is that you fill in the diary then if it's considered bad enough they lend you some recording equipment so you can gather evidence. Once you have done that you can try arbitration and then take them to court. However, if neither of you are council tenants then it's really up to you to do this. The coucil will help/advise but they won't pay the solicitors or court fees etc. In my case it would have cost hundreds to get to court an as I understand it the only thing they could have done would be confiscate his stereo - can't make someone move out of their home. I assume with a private tenant it's a similar thing, in that it's up to the landlord whether they evict the tenant. The council will help but you need to take in to account their limitations. Get them to send you the diary and info, read it, get legal advice and set your expectations based on that.....and pray that they don't get their tenancy extended. Link to comment Share on other sites More sharing options...
Gethical Posted March 22, 2009 Share Posted March 22, 2009 Is it the same estate agents? If so, you could stop paying your rent - if they can breach their contract without any repercussions then maybe so can you? As for cod2gamer's comment - ignore 'em. If you use this forum for a month you know its often full of the angry pitch fork burning touches mob who like to think immigrants are taking our jobs, stealing our cars and eating our children. But its entertainment all the same, its why I love reading the general section ;-) Link to comment Share on other sites More sharing options...
sammy121 Posted March 22, 2009 Share Posted March 22, 2009 Indeed, complain Link to comment Share on other sites More sharing options...
TomSheffield Posted March 23, 2009 Share Posted March 23, 2009 Is it a private let? If so then I would check the lease - I know on mine there is a clause saying that the flat 'shouldn't be lived in by more people than it was designed to house' or something along those lines. Get on to the owner of the freehold Tom Link to comment Share on other sites More sharing options...
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