Exasperated with the noisy neighbour from flat above from day one, my tenants have handed their notice in to leave. With the TV volume played excessively loud throughout the night, consecutively, my tenants are denied the basic right to sleep which is effecting their studies. They are terminating the tenancy early wanting the remaining four months refunded (am I liable to give them a refund?). This will have a huge financial impact on me as getting another tenant, if he’ll let me keep one, is hard to find this time of year. The neighbour wont open his door so you can’t reason with him like a normal human being. Instead he retaliates by banging and stomping with aggressive intention every time he knows someone is in the flat below.
Authorities and Housing Association (his landlord) are too slow and ineffective, mediation pointless as this guy cannot be reasoned with. He’s got an assured non-short hold tenancy agreement which basically means he cannot be moved. He’s returned polite notes requesting to keep noise down, I’ve gifted him bluetooth headphones but the log of incidents continue to grow. Filing any report is a slow arduous process and will add to my problems given that I am looking to sell.
If you knew about the noisy neighbour before letting the flat and didnt mention it to the tenants, then they may have the right to end the tenancy under consumer legislation and even get their money back if they havent been there very long.
This is a very difficult situation for a landlord since you would have to tell any future tenant or buyer about the neighbour and that would likely scupper the transaction.
The option of last resort is to let it to the local authority or a housing association to use as social housing. They will then be responsible for managing the neighbour.
Why haven’t you contacted Environmental Health who will liaise and put sound recordings in place and monitor the situation, it sounds like your caving in to him, you have no defence without the legal route if you end up in Court.
My tenant was refusing this method and wanted a personal approach - which by gifting the neighbour bluetooth headphones I may have or not achieved. I wont know know as my tenants are moving out and the argument has shifted to breach of contract. They want the remaining monies for 4 months paid upfront reimbursed, calling in with 5 days notice offering rest of December as ‘compensation’ for my troubles. Unreal.
I will come down like a ton of bricks on the neighbour if this continues as i will nothing to lose so no, he wont be getting away with it.
You have done the right thing
If the tenant has refused recordings etc it’s their problem not yours
It’s not your job to buy people headphones
You should never do that as it implies it’s your responsibility and it’s not
In such situations leave it to the authorities to deal with it and stay anonymous and neutral
You have no legal power and getting involved with the neighbour makes you his point of attack
Do not get into with the neighbour
If you stayed out of it the issue would have been with the neighbours
Do not refund the monies
The tenant did not let you follow correct procedure so it’s incumbent upon her not you
She may not have recorded it because it was made up and using it as an excuse to move out
There is clear legal precedent on such a situation and it’s not your problem
Do not refund monies
Stand your ground
This is a neighbour to neighbour dispute . Your tenant should have informed the housing authority of this > Landlords should not get involved as a 3rd party. This is not your fault. The HA has the responsibility to tell their tenant to shut up or get out Getting him out tho will take them time and recording the noise