Neighbour Noise Nuisance

[DirectDevil]

IMHO the evidence suggests classical tort of nuisance.
Specifically, you could proceed against the noisy neighbour in private nuisance.
The essence of private nuisance is that the neighbour is interfering unreasonably with your basic use and enjoyment of your property.
Generally, there is a certain amount of latitude allowed for tolerance of neighbours' conduct. However, if it progresses beyond those boundaries to becoming an unreasonable interference it becomes actionable.

Suing in the tort of nuisance would require the services of a solicitor and probably one junior counsel.
As with any such matter there is a risk of losing and being caught for two sets of costs.
I would regard an action in nuisance as a last resort if all else fails and the situation becomes unbearable.
The other methods suggested at posts above would be preferable but be patient as official Ireland can be very slow to convert your theoretical rights in to practical reality.

One thing that would be important for evidential purposes is to keep a nuisance diary.
Every day, record the day, date, time(s) of nuisance activity and the nature of the conduct.
Some days may have no nuisance activity but it would be important to record those too for context and balanced evidence.

Also, be exceptionally careful if you post about this on social media where you and or the nuisance makers could be identified.
Posting as you have here is perfectly fine as no person(s) or place(s) are identified.

And finally, there is the nuclear option. If all else fails you may have to give serious consideration to selling your property.
I think that it would be outrageous for you to have to do this but it may well be the pragmatic thing in the end.
People do not realise how insidiously awful and detrimental this type of conduct can be.

I wish you good luck in getting this resolved.

 

[DareToBeARose]

Some days may have no nuisance activity but it would be important to record those too for context and balanced evidence.

This is a good point. Currently I am only noting noise incidents on my phone's calendar.

And finally, there is the nuclear option. If all else fails you may have to give serious consideration to selling your property.

Not practical for me to keep running. Moved 3 times in the last 7 years, not because of noise nuisance though. I find moving house
quite stressful.
Also, what if the neighbours at the new house are even worse?!

Also, be exceptionally careful about what you post about this on social media where you and or the nuisance makers could be identified.

Never ever again. Learnt my lesson the horrible way.

The essence of private nuisance is that the neighbour is interfering unreasonably with your basic use and enjoyment of your property.

This sort of thing is so subjective. People who grew up with bass and drums wouldn't call this nuisance.
The Community Garda told me that playing loud music at 6 p.m. is deemed acceptable in his 'personal opinion' whereas it causes me much distress.
This is the description of anti-social behaviour by adults (extract below from Citizens Information website).

I mentioned this to the Community Garda if I can make a complaint under this legislation. He just glossed over it. At this rate I might have to speak to a Sergeant or higher authority.

Where some people find incessant dog barking annoying, it doesn't seem to bother me. There are currently two dogs in my immediate neighbourhood that do this and it often does not even register for me.

I wish you good luck in getting this resolved.

Thank you.

 

[Salvadore]

mentioned this to the Community Garda if I can make a complaint under this legislation. He just glossed over it.

This is the barrier you really face.

The behaviour is continuous and not just periodic. It is therefore antisocial.

The 6pm deadline suggested by the Garda is nonsense. And to then seek to gloss over the problem is consistent with this mindset.

Sounds to me like the Garda wants to avoid the paperwork.

 

[DareToBeARose]

This is the barrier you really face.

The behaviour is continuous and not just periodic. It is therefore antisocial.

The 6pm deadline suggested by the Garda is nonsense. And to then seek to gloss over the problem is consistent with this mindset.

Sounds to me like the Garda wants to avoid the paperwork.

They told me to keep calling 112/999 every time the noise nuisance happens. I have checked and double-checked that this is still alright to do because I feel guilty about calling an emergency line. The issue I am facing is hardly an emergency. They say that even if I called the local station they would connect me to this line anyway. Obviously, the patrol car cannot get to us in time to experience the noise for themselves.

Now after how the Community Garda dismissed my concerns as 'acceptable in an urban environment', I am worried that the patrol officers would do the same too, even if they got to us in time.

 

[Sue Ellen]

They told me to keep calling 112/999 every time the noise nuisance happens.

This is standard practice these days since the problem with the Pulse system not being updated with all calls. Our Residents' Association meetings are told this is the correct procedure by our Community Garda i.e. to ring 999 to report matters.

Now after how the Community Garda dismissed my concerns as 'acceptable in an urban environment', I am worried that the patrol officers would do the same too, even if they got to us in time.

I would have a word with the Sgt and see if they have the same approach as you have nothing to lose. Someone somewhere has to take into account that there are two people in their 80s who are most likely upset by the carry on and if nothing else deserve a little respect.

What I find so annoying these days is that its so easy to get headphones, even cheap ones, that can be used for listening to music and/or loud television etc. We got them for televisions for mother and mother-in-law because we could not take the blaring from the televisions.

Obviously if he is listening to the loud music as you mention in the shower he can't use the headphones but considering the noise from a lot of showers these days he probably needs the music to be even louder than his what sounds like normal loud.

I clearly remember one day where one of the tenants next door was hoovering in the attic and had the music blaring from the sitting room so that will tell you how loud it had to be to be heard loudly over the hoover two floors up. Needless to say she could not hear me ringing the doorbell either while the 2 houses shook with the noise. They were 3 18 year olds on their first house rental share and by God did they party, party, party.

 

[Salvadore]

As an aside, how long does this guy spend in the shower anyway?

 

[DareToBeARose]

I would have a word with the Sgt and see if they have the same approach as you have nothing to lose. Someone somewhere has to take into account that there are two people in their 80s who are most likely upset by the carry on and if nothing else deserve a little respect.

The feeling of helplessness has been so overwhelming.

I feel a lot better after some of the posts here - like I am not alone in this and that I can get control back over my living space.

Obviously if he is listening to the loud music as you mention in the shower he can't use the headphones but considering the noise from a lot of showers these days he probably needs the music to be even louder than his what sounds like normal loud.

Absolutely atrocious!

 

[Sue Ellen]

As an aside, how long does this guy spend in the shower anyway?

Its not only the shower time and there's messing around with the parking too

This is not the only times when the noise nuisance happens either. There is the drums and bass happening during the weekends too. The vibrations can be felt through the party wall in the bedrooms on the first floor. We are unable to have a lie-in on weekend mornings or rest in the afternoons

The neighbours have also taken to vexatious parking - they park their two vehicles illegally on the lines in the parking bays in front of our houses to make me park as far away from my front door as possible. I took pictures of the way their vehicles were parked yesterday; shortly afterwards the male knocked on our door. Fearing an unpleasant confrontation, I didn't open the door.

 

[Salvadore]

Its not only the shower time and there's messing around with the parking too

I know but what I meant was, why does he need music while in the shower? It’s a two minute process.

 

[DareToBeARose]

As an aside, how long does this guy spend in the shower anyway?

No way of knowing that, obviously. This is the explanation the female neighbour gave me. But when the blaring music starts suddenly, it goes on for about 30-40 minutes. It puts us on edge and waiting anxiously for it to end.

He can do any thing he likes in his house - in the shower, out of the shower, whatever; but why is the music so loud! I kept asking the female neighbour this over and over but she kept saying it was within 'permitted times'. I said there was no 'permitted time' in the Noise Regulations to cause noise nuisance but the message was not getting across.

The Community Garda also tried to 'trap' me by asking "are you saying they can't listen to music in their house?" I said the exact same thing again - "why does it have to be so loud that I can hear it in my house?"

 

[Leper]

My Own Story Regarding Loud Music - not related to the story here:- When I lived in Bed-Sit Land back in the mid 1970’s I used to work a lot of Night Duty (midnight start to 8.00am and often with a 5.00am start too). My immediate neighbour, non Irish, loved Makem & Clancy and The Clancy Brothers. She had a collection of such LP’s and used to play them very loudly “on continuous” nearly every morning while she was readying herself for work. After she left her bed set the music would continue for hours and prevented me from sound sleep when I’d arrive in from work at 8.15am.

I approached her on a number of occasions, but she dismissed me as if I were a piece of “mite.” My only solution was to retaliate. So, when I’d be leaving for work at 11.45pm I’d leave my record-player on “continuous” until I returned to the bedsit at 8.15am. I used a Daniel O’Donnell LP and played it as loud as she did. It was not long before she begged for mercy.

I don’t recommend the OP to go down this line these days.

 

[ClubMan]

I used a Daniel O’Donnell LP and played it as loud as she did. It was not long before she begged for mercy.

You mean she put in a request for Duffy?

 

[Leper]

Good to hear Duffy makes music.

 

[Ruffian]

I used a Daniel O’Donnell LP and played it as loud as she did. It was not long before she begged for mercy.

Not in the mid-70s. Wee Daniel didn't get going until a decade later. Of course it could have been a terrible premonition!

 

[DirectDevil]

An additional thought.

Do I understand it correctly that your mother is actually living with you at the problem address ?

If no, ignore this.

If yes, and in the context of her medical issue (s), I would give serious consideration to making a complaint to Gardai of harassment as per S.10 of the Non-fatal Offences Against the Person Act 1997.
Link https://www.irishstatutebook.ie/eli/1997/act/26/section/10/enacted/en/html#sec10

 

[DareToBeARose]

If yes, and in the context of her medical issue (s), I would give serious consideration to making a complaint to Gardai of harassment as per S.10 of the Non-fatal Offences Against the Person Act 1997.

Yes, both my parents in their 80s live with me at the address where the noise nuisance is being suffered.

I asked the Community Garda about making a complaint under the Non-Fatal Offences and/or the anti-social behaviour laws. He ignored my query / did not respond.

I presume, I would need a solicitor for this? Or do I complain to the Gardai first under these laws?

 

[DirectDevil]

No solicitor required to lodge a criminal complaint here.

A visit to the station to lodge a complaint would do it. Whether they are prepared to act on it is another day's work !

 

[T McGibney]

This case from Northern Ireland a number of years back may be of interest. https://her.ie/music/a-coleraine-ma...bour-played-wagon-wheel-too-many-times-293286

 

[DareToBeARose]

No solicitor required to lodge a criminal complaint here.

Actually, I asked the Community Garda what standard of evidence I would need to gather for this. Like I said previously, my query around this was ignored.
I have tried to record the noise nuisance on my android phone but the recorded output doesn't seem very effective. I had asked the Environmental protection officer at the local council about what to do about the noise nuisance. There was no offer of loan of specialist sound recording equipment. All I was told was to try mediation, Gardai or District Court. Someone else on this thread posted a link to the DCC website which mentioned them having such specialist recording equipment for domestic noise complaints but doesn't seem like SDCC have this.

Like S class was saying about their experience, going to the District Court with a log of the noise nuisance seems a lot easier comparatively.

As an aside, do the Gardai usually try to defuse situations like this? Dismissing my concerns as 'acceptable in an urban environment' was a red flag for me. Ignoring my queries about standards of evidence for anti-social behaviour and non-fatal offences complaints - this seems like quietly dissuading me from pursuing these routes. Is this normal?

 

[S class]

I asked the Community Garda about making a complaint under the Non-Fatal Offences and/or the anti-social behaviour laws. He ignored my query / did not respond.

Make your complaint on the complaint form on garda.ie.
I have done this a few times and the complaint was dealt with each time. The process is that the written complaint goes to the main district Garda station where it is logged.
It is then sent to your local Garda station. It is probably logged on pulse. The complaint then needs to be attended to before a clearance can be entered on pulse.