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Query for a friend - Terrible neighbours.

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  • 03-07-2012 4:29pm
    #1
    Closed Accounts Posts: 11,255 ✭✭✭✭


    Hiya, I'll try to keep this as brief as I can. It's for a friend so I don't have full details.

    Basically, my friend (I'll call her Sarah) owns her own home. Her next door neighbours rent next door.

    Her neighbours are extremely loud, at all hours of the day and night. Every time I stay over, I'm woken every hour or so while asleep, because of how loud their shouting is, and how loud their dog's barking is. This is a constant from about 7am to 5am every single day.

    Aside from that, they themselves are extremely loud, constantly shouting and arguing.

    They have also been raided by the police on more than one occasion.

    Sarah has complained to the landlord, who doesn't care. She's complained to the police, who said it's a civil problem. She's complained to the council, who said they only deal with commercial noise issues, not residential issues.

    She has a log of all of the noise and shouting, and still nothing is being done. This has been going on for several years at this stage.

    Is there anything else she can do? She can't move, as her home is in negative equity and even renting it out wouldn't cover her mortgage and rent on another house, and she can't afford to take a loss on it.

    I'd appreciate any advice on how she could proceed. Thanks guys. :)


Comments

  • Registered Users Posts: 6,794 ✭✭✭cookie1977


    This might be of some use:
    http://www.environ.ie/en/Environment/Noise/
    In the case of noise nuisance being caused by individuals in private rented accommodation, the Residential Tenancies Act 2004 imposes minimum statutory obligations on landlords and tenants of private residential tenancies. Tenant obligations under the Act include an obligation not to engage, or allow visitors to engage, in anti-social behaviour which is defined as including persistent noise that interferes with the peaceful occupation of other dwellings in the neighbourhood. The Act also imposes an obligation on landlords to enforce the tenant obligations.

    There is provision in the Act for third parties who are adversely affected by a failure on the part of a landlord to enforce tenant obligations to refer a complaint to the Private Residential Tenancies Board (external link) in accordance with the procedures in the Act. If an alternative legal remedy, such as the remedy provided for under the Noise Regulations (see below) is being pursued then the PRTB cannot intervene.
    Since December 2004 all privately-rented properties must be registered with the PRTB. You can check if a property is registered by contacting the PRTB.

    Local Authority Tenants

    Noise nuisance and other problems caused by local authority tenants are also covered under legislation. The tenancy agreement, which is the legal basis of the relationship between the local authority and its tenants, will generally contain provisions in relation to the type of behaviour that is acceptable, and that which is not. The local authority is empowered under Section 62 of the Housing Act 1966, to initiate proceedings to secure an eviction where a tenant has breached the conditions of the tenancy agreement.
    Please contact your local authority if you have a complaint regarding the behaviour of one of their tenants.

    Private Home-Owner

    If the person causing a noise nuisance is a private home owner then obviously the potential remedies outlined above do not apply. In this case, the person experiencing the noise nuisance will have to avail of the remedy provided under the Noise Regulations whereby any individual person, or a local authority, may complain to a District Court seeking an Order to deal with the noise nuisance.


  • Closed Accounts Posts: 11,255 ✭✭✭✭Esoteric_


    Oh, thank you so much! I was looking for something like that, which I could hand to my friend and she could present to the landlord and call him out with the facts to back it up.

    I really appreciate that! :)


  • Registered Users Posts: 6,794 ✭✭✭cookie1977


    You're welcome. Good luck.


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