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  • 19-01-2006 9:33am
    #1
    Kinetic^
    Closed Accounts Posts: 13,249 ✭✭✭✭


    Ok, I'm going to notify the apartment above me of noise pollution bein created by there wooden floors. I think the apartment is rented so do I give it to the tenant or the landlord??

    Also, should it be a letter or just a simple note??


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    #2
    Downtime
    Registered Users Posts: 1,537 ✭✭✭Downtime


    I doubt it will have any effect, what are the tennants going to do? or the landlord? Replace the floor?


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    #3
    Kinetic^
    Closed Accounts Posts: 13,249 ✭✭✭✭Kinetic^


    Downtime wrote:
    I doubt it will have any effect, what are the tennants going to do? or the landlord? Replace the floor?


    Sorry, I forgot to mention that it said in the lease that you can't put down woodenfloor unless you were ground floor. He's on the 5th.


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    #4
    Santa Claus
    Registered Users Posts: 2,699 ✭✭✭Santa Claus


    I'd go through whichever management company looks after the complex.
    It's up to them to enforce the "house rules".
    Although, unless they're running round on their wooden floors at midnight, I can't see them doing much more than a slap on the wrist and asking them not to make any noise after 11pm to be honest!


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    #5
    Ickle Magoo
    Closed Accounts Posts: 17,485 ✭✭✭✭Ickle Magoo


    We had an horrific time with noisy neighbours & when I called the Guardaí, they said there was nothing they could do as the neighbours were entitled to do what they wanted in their own home & there was no laws covering residential noise disputes - and that was parties starting at 4am on a weeknight - so not sure where you stand legally if it is just someone walking up & down their own home....

    Best thing you can ask to do is call a meeting with both tennants and landlord and ask if you can come to some kind of arrangement....maybe they could put mats down or something? Is it a new build? Maybe check with the planning authorities re adequate sound proofing?

    Good luck - it is very frustrating! :mad:


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    #6
    Ickle Magoo
    Closed Accounts Posts: 17,485 ✭✭✭✭Ickle Magoo


    Keyser Soze 69 wrote:
    Sorry, I forgot to mention that it said in the lease that you can't put down woodenfloor unless you were ground floor. He's on the 5th.

    Well in that case, complain away! ;)


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    #7
    Santa Claus
    Registered Users Posts: 2,699 ✭✭✭Santa Claus


    Ickle Magoo wrote:
    We had an horrific time with noisy neighbours & when I called the Guardaí, they said there was nothing they could do as the neighbours were entitled to do what they wanted in their own home & there was no laws covering residential noise disputes - and that was parties starting at 4am on a weeknight

    That's just a fob off from a lazy Garda (or else an understaffed station that didn't have resources to send out).
    Late night parties can be classed as a breach of the peace and the gardai will normally call out to request the hosts turn down music/end their party at a neighbours request.


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    #8
    JimmySmith
    Closed Accounts Posts: 558 ✭✭✭JimmySmith


    Keyser Soze 69 wrote:
    Sorry, I forgot to mention that it said in the lease that you can't put down woodenfloor unless you were ground floor. He's on the 5th.


    I bet there is not one case of that clause ever being acted upon by a management company.
    They will just send them a letter telling them its against the terms of their lease and the person will just tear it up. End of story.


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    #9
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    JimmySmith wrote:
    I bet there is not one case of that clause ever being acted upon by a management company.

    I know of plenty of cases. Not with floors specifically, but people leaving bins around and drawing cats, leaving bicycles in halls, having parties etc. etc. It's the precise reason that (i) the initial contract for sale between you/the apartment owner and developer included a condition that all leases would be in the same format, so that you know that they too have the same obligations regarding noise, nuisance or floors, and (ii) a management company is in place, to manage the place. If they don't do so, there's somehing wrong with the company. You should hound them, you can even threaten litigation. Nothing moves a management company like the whiff of litigation. Gardai are a waste of time, they don't do floor checks. Getting on to the tenant is, legally, a waste of time, they have no privity of contract with you and no obligations to you.


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    #10
    Victor
    Registered Users Posts: 78,392 ✭✭✭✭Victor


    Santa Claus wrote:
    That's just a fob off from a lazy Garda (or else an understaffed station that didn't have resources to send out).
    Late night parties can be classed as a breach of the peace and the gardai will normally call out to request the hosts turn down music/end their party at a neighbours request.
    As best I know a breach of the peace has to be (a) in a public place, (b) with a member of the public present (the offender and a Garda isn't enough), to be prosecutable.

    There will be ifs and buts to this, but he correct procedure for complaining about a loud party (if it is getting legal) is through your / their landlord.


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    #11
    JimmySmith
    Closed Accounts Posts: 558 ✭✭✭JimmySmith


    Deleted User wrote:
    I know of plenty of cases. Not with floors specifically, but people leaving bins around and drawing cats, leaving bicycles in halls, having parties etc. etc. It's the precise reason that (i) the initial contract for sale between you/the apartment owner and developer included a condition that all leases would be in the same format, so that you know that they too have the same obligations regarding noise, nuisance or floors, and (ii) a management company is in place, to manage the place. If they don't do so, there's somehing wrong with the company. You should hound them, you can even threaten litigation. Nothing moves a management company like the whiff of litigation. Gardai are a waste of time, they don't do floor checks. Getting on to the tenant is, legally, a waste of time, they have no privity of contract with you and no obligations to you.

    I was specifically talking about floors.


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    #12
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    JimmySmith wrote:
    I was specifically talking about floors.

    Yes, but one could make the equally valid point that:-

    1. When did the gardai ever prosecute someone for noisy floors?
    2. When did the local authority ever take action under noise pollution law because of noisy floors?
    3. Can anyone cite the case where one neighbour sued another, who had no agreement with them, over noisy floors?

    So on that basis, the advise would be to just put up with it. Which of course may have been what you were saying. I believe that the most viable option, short of knocking on doors holding a baseball bat, is through the management company, but noone can guarantee that that will sort it out,
    merely that it should...


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