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how much does a diary count for in law?

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  • green_beergreen_beer Member Posts: 1,929
    i would approach it, by conceeding that i am noisier than i would like, and make a point about these houses being ridiculously low level on sound proofing, apologise if you are causing him some distress and make a point of how ridiculous going to court would be, as well as costly.......take the old dood a bottle of whisky as a peace offering,defo try communicating with him directly, its the only way to stop sh it getting outa hand, he is obviously pretty lonely and bored, tackling your noise has become his life, you should talk to him about gambling or gardening if he is into that, ask him for some life advice, offer to get him stuff from the shop if you are going, old folk like that sorta stuff, invite him for a barby, get him drunk and once you have been pi ssed with someone, they will always see you in a better light ;) the next day, unless you try to fill them in ;P
  • Bean81Bean81 Member Posts: 578
    I don't expect anything to come from this or for you to need a lawyer, but you should listen to Phil instead of me. I would keep going with your diary and log any noise you make e.g. got home at midnight, had a quick chat with my girlfriend, took a shower, went to bed, no TV or music played without headphones. Don't be a plank and put the washing machine on later than about 8.

    Does the same landlord own upstairs and downstairs? The only issue IMO might be being asked to leave by your landlord at the end of your tenancy. What does your tenancy agreement say about noise?
  • DoublemeDoubleme Member Posts: 1,975
    My neighbour is not 90 I do not know his exact age but I had to guess I would say somewhere between the age of 35 and 45.
    He slept around with a lot of women then one day one of these women was getting fatter and fatter and suddenly all the other women disappeared and it was just this one and she was living there and then a baby popped out. they went on as a happy family unit for a while until one day she was gone and he was on the phone a lot outside and seemed to have an air of stress during this time period briefly a small window in the neighbour relationship when he actually seemed alright. Then the baby women returned one day with an elderly lady whom I am guessing was the women's mother.
    She had a look of Super Saiyan Karen on her that's for sure, that scowl could melt a Russian Tank. You could cut the tension in the air with a knife stuff was collected then we never saw baby women again.

    Since then the child (I think they are now 2 or 3 or summink) does not come round much but does show up occasionally. He has converted his whole garden into a play zone for the kid and has a sign up saying We miss you XXXXX (not giving kids name away on here I think that would be inappropriate)

    The thing is every time he has made threats its always centred around his daughter. He makes an issue of noise now because it might disturb his daughter. He made a big deal about ashes allegedly from my girl friend smoking out the window got on his kids toy in the garden.

    this may or may not make you on his side my girlfriend does have a disability and would struggle up and down the stairs when it is bad when it isnt she is fine.

    On the airshow he was listening out for noise and banging there are planes above making loud noises and your listening out for the brief quite moments in between these where you may potentially hear the slightest noise from us?

    On thursday at 5.33pm me and my girlfriend were having a psychological debate and he banged to make a thus about the noise.

    Ok here is the twist he regularly smokes in his garden so how can you establish the ashes come from my girlfriends cig not his without DNA tests which seems very excessive. (would that even work for ashes)

    he Is currently using a chain saw loudly in his garden as I type to do some DIY works. he regularly does Loud DIY works in what would be deemed acceptable hours sometimes as early as 8.30am.

    Look its one thing if he turned round and said his daughter has some health condition that makes her vulnerable and he had given up smoking. its one thing if he generally lived in absolute silence like a Monk himself but it seems to me that he thinks he can do whatever the **** he likes but the slightest most minor possible thing from us and its lets try to get us evicted.

    Btw I do not think our landlords are the same unless the people that bought our property recently are his landlords in which case we will be getting a section 21 shortly because clearly that would have been planned but I think that is unlikely.
  • somniatissomniatis Member Posts: 219
    There are three sides to every story. Your side, their side and the objective truth.

    Keep a diary:

    Date and time.
    Nature of the disturbance. Eg: loud music for 2 hours.
    How it affected you. Eg: I was unable to focus on my work.
    What you did in response. Eg: I left the flat and went for a walk.

    Keep it brief. Stick to the point avoid dramatic over-emotional statments.

    You also need "corroboration" preferably from other neighbours, but councils have anti-social behaviour teams too! You can contact them and they might help and sometimes will come out and witness the disturbance.

    In the meantime, cos this will pass, it always does.

    Play white noise while you sleep as loud as you can handle. This will mask quite a lot of noise and you'll get a better sleep for it.

    https://www.youtube.com/watch?v=nMfPqeZjc2c

    ( Pink noise is better! :-) )

    You're welcome.
  • green_beergreen_beer Member Posts: 1,929
    lol @Doubleme, if he aint old, just ignore him, or next time he bangs, just go tap his door, when he answers say, are you OK, i heard you banging, thought you mighta needed some help, if he says noise, tell him what you were doing and that he needs to get a grip, its everyday living.......you should defo confront it head on, face to face, forget about all the sly stuff, just waste of time and stresses you out......get your lady a vape and she can puff it on the sofa ;)
  • DoublemeDoubleme Member Posts: 1,975
    the neighbour was furious on sunday morning like absolutely livid. there was loud door slamming then he drove right off in a furious hurry.

    I dont think its related to us unless
    1. he someone overheard our exact conversation making very inappropriate jokes about him, if so this was quite private conversation and if he has the details he was spying on us which means he is in the wrong not me for making that absolutely hilarious joke that I would not be allowed to repeat on these forums. I dont even need to ask.

    2. his recording equipment broke or didnt tape when he thought he had recorded my number two hitting the toilet water. I can imagine his excitement been on the level of
    https://www.youtube.com/watch?v=VLnWf1sQkjY
    as he thinks this is it this is the moment i got them as he imagines
    https://www.youtube.com/watch?v=-15VC4Yxzys

    thinking maybe i could have held my hand underneath to stop the sound against the water. and him imagining himself making that knock down argument in court to a response of
    https://www.youtube.com/watch?v=K7zvbp2hbkk

    only to find out the whole thing didnt tape or had been taped over somehow.

    Most likely it has nothing to do with me but somehow gets taken out on me anyway.

  • DoublemeDoubleme Member Posts: 1,975
    its been over 5 weeks now since I have heard anything. got the original letter then nothing which seems a bit worrying as I would have thought if they were closing the case they would have sent a letter confirming this. But then if they had decided to find in his favour would also expect a letter so i guess he is pushing hard and they are investigating.

    I would assume it wouldnt go strauight to serving an abatement notice but at this point if one came through tomorrow or the next day I would have no choice but to contest it in court.

    I mean we have made every effort to be quite since this to the point we are scared to live or do anything. its felt awful and restrictive if even all that gets an abatement I would have no choice I would have thought they would at least talk to us before that anyway.
  • DoublemeDoubleme Member Posts: 1,975
    so it has now been over two months since the letter from the council detailing the complaint.

    So far we have heard nothing from the council nothing to say the case is closed nothing to say this is going further. I do not know where this leaves us I dont know if the case remains open pending recording equipment.

    Playing a few poker games on sky at 16.45 on a friday I get a thud on ceiling/floor (his ceiling my floor) like several bangs to complain about noise.

    For context my computer sound was on 14 it goes all the way up to 100.

    This is not loud and it seems ridicolous that we have to stick to living like nuns yet he wont hesitate to use a chainsaw lawnmower or hammer stuff at 8am any day of the week when he works on one of his projects.

    Literally he is far worse for noise and is unapologetic about that yet he will stress us out making an issue of anything at all.

    I am getting close to making a complaint about him.
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