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Author Topic: Noise  (Read 1253 times)
Jane.lane
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« on: January 26, 2007, 04:54:03 PM »

Hi Im new here but hope to get some good advice from your members. The flat above me is split into 3 bedsits,well actually two live in bedrooms,the third lives in the front room.As this room leads on from the front door this deny's the other two access from the door and so they use a fire escape to come and go. The flat is pretty run down and is let to dss tenants.All 3 have been long term unemployed and we have had disturbance on and off for years.My front door has been tried at all hours,we have had water leaking through my ceiling from an upstairs flood but mostly we have noise.Despite the flat being old and therefore the walls very thin two of the tenants have and play their guitars,oftern into the night.This is accompanied by shouts of which led me to believe the tenants are on drugs.We also have loud music,sometimes from more than one room at once. The flat is let from a private landlord,.Having spoken to the local authorities Ive been told he has a reputation as a ""slum"" landlord.He is the only landlord in the area who will take dss because his properties are very run down and in poor decorative order.There are other issues which may prove this flat is being let illegally which are being looked into. Anyway,he doesnt see a problem with his tenants making noise,despite having been spoken to by the police on the matter.(I have been advised we are talking asbo here.)If I call him to complain he just hangs up. Having read up online the tenants are clearly breaking the terms of their tenancy so am I entitled to take him to court as a civil case?If so any advise please?"
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Freddy Crabbe
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« Reply #1 on: February 16, 2007, 12:43:19 PM »

Seems to me the police are trying to avoid their duty to you.

What you describe could be considered to be harrassment both by those that live above you and the landlord who being aware of the situation does nothing about it.  Your local housing authority also has a role to play in this as the conduct might be sufficient to suggest that the harrassment is serious enough to cause you to feel obliged to leave the property, which if the landlord owns the room(s) you live in could justify a claim of illegal eviction contrary to the protection from eviction act 1977.  Both are criminal offences and if you make a formal complaint to the police at a police station then it is their duty to take action not to tell you to take the matter to a civil court at your expense.  I have never understood why this goverment introduced ASBOs when there already was a sound law to deal with nuiscance neighbours.  The system is straightforward.  If a case is put before the courts and an injunction applied for the punishment for breaching the injuction is up to six months in gaol or a fine or both.  These days the courts would most likely award a community service order but that is not as easy as it sounds.

I suggest you do not allow yourselves to be fobbed off with answers that are aimed at saving the police time and money.  You have a right to their protection.  Insist that you have it.  You could also try your MP if you have decent one, which sadly we do not.
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