# question for landlords- reducing upstairs noise



## medea (8 Feb 2009)

Hello, I have a question and would like some feedback from current landlords-- or any advice in general!

We are a couple living in a city centre basement apartment (converted Victorian house). Our current landlords unfortunately are not particularly attentive... in fact we've been living in our place for 2 years now, the last on an expired lease, and any time we've had a problem (which has only been 1-2 times in 2 years) they've been very slow about doing anything. We've put up with it mainly because our rent is ok, and we've managed to fix things and take care of it ourselves.

However our main problem is with our upstairs neighbours (owner-occcupiers of flat above us). They are extremely noisy, rude and disrespectful, despite the polite requests from us to turn down their music at 3 am, not to have raging parties midweek, etc. It's been a constant battle, and it's finally gotten to the point where we're nearly ready to move. It stinks because otherwise we really like where we're living, and we're good professional tenants (a married couple) who would like to stay for at least another year. These neighbors are also despised by the (mostly retired) neighbors in flats adjacent to theirs, however our problem is worst because we're underneath them.

According to rules we were just told about by a member of the local housing committee, it's a requirement to carpet flats above other flats, or otherwise improve insulation... I think this would help a lot. 

I'm considering asking our landlord to insist that this be done, or otherwise we're moving. However I don't want to get into any direct conflict with those upstairs neighbors, as they are somewhat aggressive. Unfortunately as well I think those neighbors are friendly with our landlord's daughter, and/or this pattern of inattention will continue.

However I'm torn-- should we just continue to put up with it until we can find something better in the dropping rental market, or should we engage the landlord on this one? How would you respond to this?

thanks for any advice! this is a great forum.


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## rmelly (8 Feb 2009)

Can you confirm with the 'local housing committee' (?) whose responsibility it is before involving your landlord - it's probably the owner/occupiers responsibility, not your landlords. Can this committee not follow up with the people above you? If it's their rule, they are responsible for enforcing.


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## mosstown (8 Feb 2009)

i would just leave, why bother causing yourselves unnecessary stress. you are lucky to be renting instead of actually owning this flat so there is nothing stopping you from going and there are oceans of places to rent in the current climate.


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## mercman (8 Feb 2009)

Unless you really want to move, Go no where. You have your rights, which are to be allowed the use of the property as a residential unit in quiet enjoyment. 

Is the property a converted building with a number of different landlords or all owned by the same person. Under normal circumstances there is a Lease applicable to each and every apartment, which normally contains rules regarding noise, floors, parties etc.etc.

Depending on the answers to the above, why don't you try asking your landlord can he do something about the noise ?? I had a court case against my neighbours upstairs over a year ago as he placed wooden floors and power showers in the apartment above -- all contrary to the lease. I won the case and it cost him a fair bit, (including my costs) to put the matters right.


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## medea (8 Feb 2009)

wow, you're quick here! would still appreciate other views...

I think the housing committee refers to the organisation which manages the set of Victorian houses, which are all divided into flats-- some rented out by different landlords, but most owner-occupied. The committee take care of things like maintenance of the buildings, exterior repainting, etc-- however it seems to be somewhat an ad-hoc arrangement-- we never knew they existed until more than a year in the place. I will try to find out more about them.

We've looked at other places but so far nothing suits nearly as well in terms of space and location, etc. If you've ever been on the rental market and spent weeks looking at absolutely appalling flats you'll know our dilemma!

I suppose everyone's aware that supply exceeds demand in the rental market, and I wonder if this would be enough for the landlord to actually do something...


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## mercman (8 Feb 2009)

Why not try by asking the Committee for a copy of the lease for the apartments, and then you will know where you actually stand.


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## Bronte (9 Feb 2009)

I imagine the hassle of moving is less that the hassle (plus grief and aggravation) of trying to pursue this with owner occupiers of an apartment.  You've put up with it for 2 years so why not another year?


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## cleverclogs7 (9 Feb 2009)

Read your contract.there is a section about antisocial behaviour,tenents causing problems and so on.then write a letter to your landlord (post as *registared post*-very important)explain you want something done about the noise and so on or else you will be forced to break your lease.in this case if he does nothing....then you can get your deposite back.i would also call treshold.they are joined with the PRTB.ask for a girl called jane or jenny ?(she helped me out)and see what your rights are.


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## medea (11 Feb 2009)

Thanks for all the advice here-- after talking it over, I think we're just going to move-- we seriously doubt our landlords will actually do anything, and I shudder at the thought of having to confront our neighbours! Probably just easier to move than to assert our rights, so to speak... but thanks everyone for their feedback.


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## mercman (11 Feb 2009)

But you are within your rights to ensure that your landlord does something. The Management Company can force him to do something.


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## cleverclogs7 (11 Feb 2009)

shame to see you move.What about your deposit.if you break lease the landlord can come after you for the remainder of your lease contract.


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## mercman (11 Feb 2009)

cleverclogs7 said:


> What about your deposit.if you break lease the landlord can come after you for the remainder of your lease contract.



Wouldn't wash in this case as long as the landlord has been notified and did nothing about it,


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## Bronte (12 Feb 2009)

mercman said:


> But you are within your rights to ensure that your landlord does something. The Management Company can force him to do something.


By the time a landlord was able to do anything I'm sure the year would be up so it's pointless.  The management companies don't seem to have many powers and the owner occupiers might ignore the mangement company.


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## mercman (12 Feb 2009)

Bronte said:


> The management companies don't seem to have many powers



The MCs have loads of power. Why do they collect the MC for. It is up to them to make the matters right in accordance with the terms of a lease.


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## Bronte (12 Feb 2009)

mercman said:


> The MCs have loads of power. Why do they collect the MC for. It is up to them to make the matters right in accordance with the terms of a lease.


 I defer to your superior knowledge but I don't know anybody or anything that manages to get anything done in Ireland in the space of less than a year though official channels.  Based on the amount of people complaining on AAM alone about apartment living with management companies/agents I'd be surprised if the OP would get swift satisfaction.  Maybe if one called in the 'Viper' (I think that's the name of an ex criminal now debt collector), then you'd get action in double quick time.


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## elgransenor (12 Feb 2009)

Get on to PRTB if your landlord will not put things right.

Your contract is with the landlord and after 6 months you are entitled to a new Part 4 tenancy.

The fact that the lease has lapsed is immaterial as you have an implied periodic tenancy and even if the landlord has not registered with PRTB you can still go to them.

The majority of disputes that go to PRTB are in relation to retention of deposits.

Even if you do decide to move don't leave the deposit behind as the landlord is not living up to his obligations.Have a look at [broken link removed] and [broken link removed] and good luck.


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## z101 (12 Feb 2009)

Tell your landlord you want to move out due to unsociable behaviour of your neighbours. Remind him you are there 2 years and are only moving due to this. May kick him into action. Like most landlords he may not be listening clearly untill his rent is treatened


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## redspot (13 Feb 2009)

Hi, from a slightly different angle... Its extremely difficult to completely soundproof betweeen floors of an old building, I've tried.

 I'm sure you've googled sound insulatution, its more complicated than you might imagine. I would suggest that even if the landlord/s of both apartments wanted to soundproof them, if the tenants upstairs remain noisy then you will still hear them, all be it a little less, and slightly muffled. I know its a big hassle to have to move, but in the current market I would look at it as an opportunity to find an even nicer place and probably pay lots less rent


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## Lollix (15 Feb 2009)

I agree with the last poster; it's impossible to soundproof floors above you in an old property without major work. It's twice as difficult if you have antisocial neighbours.
My advice would be to move. Life is too short to be getting into a row over this, especially since you don't own the place. Any landlord worth his salt will be delighted to get tenants like you, so why not advertise on Daft or similar?


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## medea (13 Mar 2009)

Thanks for all the responses; we've been busy looking at other places. I found out the managing committee is not really a formal organisation with 'powers', so to speak: they agree on joint work to be done on the building, but are not involved with the terms of individual leases. And after a conversation with a nice man on the committee who's lived here for many years, he has told us our upstairs neighbours have been a problem for years (his comment to me was along the lines of 'we all can't believe you've lasted so long!') The last straw was having friends over for dinner who looked at us like we were crazy when the noise began!! I'm embarrassed we've put up with it for so long.

I can appreciate it's hard to insulate; there's not much that can be done I think (although carpeting upstairs would really help, but I doubt they would agree to it). I do understand that we may have certain rights which we could choose to exercise, but I don't really have the stomach for it at the moment! It's a hassle entering into the renting market again (I hate hate the Daft dance) but we're now sufficiently motivated! Thanks again for all of the replies here.


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