PRTB the next step?

ElKavo

Hi All,

Just looking for a bit of advice here. We have noisy neighbors, really noisy neighbors. They can go on till 4 or 5 in the morning with loud conversations, shouting, music, people coming and going at all hours, door slamming etc. There were previous tenants in the property and we never had issue with noise so I don't think its a sound insulation issue. I have spoken to them directly a few times and have spoken to the landlord and nominated contact for the landlord a few times too. The situation has not got any better. It has been going on since the current tenants took the property in September 2015 (yes they are students). They constantly have "guests" staying over who contribute to the noise and general traffic to and from the house. We are a semi D and our bedroom and 2 of our children's bedrooms back directly on to the corresponding walls. We have been woken a good few times and been unable to sleep because of this noise. I was even told to go fu*k my self by one of their guests during one of my calls to the house, the tenants apologized profusely and I let it go.

I have been keeping a log of disturbances since 19th feb and I have 8 entry's so far including when we have had to contact the landlords contact. I have spoken to the landlords contact myself and been told that he could not hear any music when he called (obviously the music stopped when he called).

So I know who the landlord is, I know who his contact is. Only information I can find on the PRTB site is seek landlord address details in the third party disputes. Is this just the starting place for that and I have to go through the process like that or If I submit the details of my log and the other instances which I don't have exact times and dates, or should I go down the route of calling the garda? I really don't want to waste Garda time as they are under resourced in our area as it is.

Any thoughts, advice much appreciated.

Cheers

EK

ED E

You, your landlord, prtb
Them, their landlord, prtb

The two don't cross, your issue is with them, just as if they owned the house. This is a noise distubance and is the jurisdiction of the gardai. Call down to the local station with your log, explain the situation and then next time it happens you can call and they'll have an idea of the history.

athtrasna

ED E wrote: »

You, your landlord, prtb
Them, their landlord, prtb

The two don't cross, your issue is with them, just as if they owned the house. This is a noise distubance and is the jurisdiction of the gardai. Call down to the local station with your log, explain the situation and then next time it happens you can call and they'll have an idea of the history.

Absolutely not the case. You can make a third party complaint through the PRTB!

http://prtb.ie/dispute-resolution/3rd-party-applications/guide-to-third-party-dispute-applications

Del2005

ED E wrote: »

You, your landlord, prtb
Them, their landlord, prtb

The two don't cross, your issue is with them, just as if they owned the house. This is a noise distubance and is the jurisdiction of the gardai. Call down to the local station with your log, explain the situation and then next time it happens you can call and they'll have an idea of the history.

Has the law been changed? The Gardai never used to have jurisdiction over noise, it was the environmental department of your local council that dealt with noise pollution.

Gatling

Del2005 wrote: »

Has the law been changed? The Gardai never used to have jurisdiction over noise, it was the environmental department of your local council that dealt with noise pollution.

You have always been able to ring the gardai to make a complaint about parties and loud music comes under anti social behaviour

ElKavo

athtrasna wrote: »

Absolutely not the case. You can make a third party complaint through the PRTB!

http://prtb.ie/dispute-resolution/3rd-party-applications/guide-to-third-party-dispute-applications

Thanks, I know this is the correct route as the LL for other property isn't taking the issue seriously. Should this be the next step though or should I contact the garda too in order to keep an official record? Just seems like a waste of Garda time TBH. Thanks

Toots

I have contacted the Gardai about noise from my neighbors before - it had been ongoing for a few months; parties going on til all hours, people out on the balcony roaring at 4am, etc. I'd complained to their landlord til I was blue in the face and got nowhere. One night I had enough and called the cops. They were very obliging and came out and told the neighbors to shut up. Never heard a peep from them after that. I told our management company that it had gotten so bad the Gardai were called, and the landlord got a talking to from them also.

If it's a house full of students, having a Garda show up at the door might be enough to scare them into being more considerate. I'd call into your local station and show them your log and explain the history. They may well get someone to call up to the house and chat to them when there's not a party on. Otherwise, the next time there's noise, call the Gardai. Even if they can't send someone up, ask that it be recorded that you've called.

chancer12

Wonder if the OP took this any further? Am living in total misery due the tenants behaviour in the apartment downstairs from me. Absentee landlord taking no action. Tenant on social welfare with a sense of entitlement, gives it the whole 'I'm a single parent, I don't have parties' when the reality is her boyfriend lives in and as they have parties continuously - children sometimes there, sometimes not. About to make an application to the RTB and wonder if anyone has recent experience. Management company v supportive and have mailed him continuously and threatened fines - which they know they can't impose

Clashmore

We had a similar issue, we bought a house and next door is rented. Very loud family, parties loud music. We started out talking to the tenants first and they would refuse to answer the door or send a drunk party goer to the door instead. We then started calling our local Garda station and the music would stop if the gardai called out and then start 30 minutes late. We then contacted landlord via phone and registered letter, they settled for a while before having a huge party which resulted in drunk occupants of the house and there friends, trying to kick my door in and threatening me as I had asked for music to stop. We then went to the PRTB, had our case heard recently and they are being issued with an eviction notice on the grounds of anti-social behaviour. I would raise a third party dispute with RTB, if you are having no joy with tenants or landlord. Best of luck within it.

chancer12

Thank you so much for that. It's really encouraging. I'm at my wits end. Am a single parent working fulltime, paying mortgage etc and am totally intimidated. In my case there is the additional problem of her smoking weed which comes directly into my bedroom. have even had to leave the room and sleep in the spare room. Have had her shout abuse at me first thing in the morning as I head to work. Guards have been called on numerous occasions but its difficult to catch them because given the location of the accommodation they can see them coming into the estate and go indoors before they reach them. Landlord passed my letter of complaint directly to her and says she denies everything. She even went to the guards and complained me for intimidating her! But, its very encouraging to see you got a successful outcome. People had said that the RTB tended to be tenant-orientated and she's great at the 'poor me'. thanks again

Samuel T. Cogley

chancer12 wrote: »

Wonder if the OP took this any further? Am living in total misery due the tenants behaviour in the apartment downstairs from me. Absentee landlord taking no action. Tenant on social welfare with a sense of entitlement, gives it the whole 'I'm a single parent, I don't have parties' when the reality is her boyfriend lives in and as they have parties continuously - children sometimes there, sometimes not. About to make an application to the RTB and wonder if anyone has recent experience. Management company v supportive and have mailed him continuously and threatened fines - which they know they can't impose

With an apartment you have the OMC to fall back on. If you get no joy with your own landlord progrssing it I would suggest trying to raise a complaint with the RTB against your own landlord as well as a third party dispute.

If at all possible though simply move.

Clashmore

Notice was only issued this week so tenants haven't moved out yet. They seem to have settled down a bit thou. We are hoping they move out with out any trouble. The tenants in our case didn't turn up to the PRTB hearing so it was held in their absence, the landlord attended thou.

chancer12

Thanks both, I'm sure the tenant will turn up in my case. She's a complete liar to the extent of probably even believing her own lies. Libertarian Kant, own the apartment so can't move. In desperation over the summer I even had an estate agent value the property to see if I could afford to move. However, the tenant concerned had a gang on the balcony smoking when they arrived and left and they asked if I would be able to have them stay indoors when they were holding viewings - can you imagine that conversation!

Samuel T. Cogley

In that case you have the OMC to fall back on directly. Don't take no as an answer for the house rules not being enforced.

chancer12

Unfortunately, the management company have checked their legal right to enforce the rules and regs and say that they have been advised that they are virtually unenforceable, from a legal point of view. They notify landlords of complaints and if no action is taken,issue fines. However, they have huge difficulties in having these fines paid. A relative of my problem tenant lived in the estate and it took the management company over 2 years to have them evicted. In both cases the landlords are solicitors and in the case of the ones evicted it went to the High Court. The behaviour that time was even more extreme, drug dealing from the apartment, fights outside, drug-addled parents, 2 of the children expelled in first class and in and out of care. Guards were called on numerous occasions. So, while the management company have been very supportive in helping me with the complaints and advising how best to deal with it they feel that the RTB or separate legal action is my best course of action. I don't have the funds to enter into a protracted legal case as the tenant will get free legal aid and I'll be further out of pocket. All I can do is use the resources available to fight her whatever way I can.

Samuel T. Cogley

You're the OMC, the residents. If you have an antisocial behaviour problem you need to try and get together and deal with it.

Something as simply as a security guard in a few hours a week can help.

chancer12

We have a security van that drives around a couple of hours a week. They vary the time and come over the 7 days. However, where her apartment is situated they can see them driving in and they leg it indoors until they've gone. Same situation with the Guards and depending on who comes by they may or may not call. Anytime they have called and asked them to turn down the noise we paid dearly for it, they were twice as bad when the guards left. Some people complain and others don't. We have a lot of women living on their own and they are frightened and don't want to be identified as complainants. Unfortunately, there has been an increase in social welfare tenants and while they bitch about her, they won't take it far enough to complain ... to much like going over to the other side.

We did set up a Residents Association and are currently trying to get Neighbourhood Watch up and running. I don't think that will resolve it but it should help toward creating a greater sense of community and getting more people to know each other. It all helps.