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Thread: Is 9.00 AM.on Sunday mornings too early for noisy DIY?

  1. #1
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    Is 9.00 AM.on Sunday mornings too early for noisy DIY?

    Very quick question to see if I and 2 other neighbours are overreacting? Am after readers opinions.
    Briefly, past 3 Sundays, upstairs neighbour (who is the only able bodied person living in our small block of 6 flats as rest
    Of us are disabled or elderly) has been banging heavily with hammer, using drill on hammer action and machine sanding.
    This started for 1st 2 Sunday shortly after 10 AM and lasted until mid afternoon. Last straw was his heavy
    Sanding from 9 AM to 11.30 AM. He will not do it on Saturdays as he knows neighbours more likely to be out
    and therefore we being less convenienced. Indeed after he finished yesterday morning, there was no further DIY or noise-
    begging the question whay not wait until mid afternoon-he didn't go anywhere!
    We have had this problem for past 2 years and tried all types of redress, very little help from social landlord, police don't really
    want to get involved until those occasions when he has threatened me and my partner on
    3 occasions and have CRO REF NO'S for these matters but still no joy!

    Anyway, just wanted readers opinions with latest matter and any advice! (Have even had mediation, which upstairs ignored. Mediator
    even advised that our social landlord had failed us!). Where else can we turn?

    TY for reading and replying :-S

  2. #2
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    You actually have a right to peace and quite and the local Environmental Health office can give you more advice, but also the council do think Sunday is a day which people would take some notice of neighbours.

    statutory nuisance is obtained the law requires the council to serve an abatement notice but it does depend on the level of noise or the nuisance caused.

    All councils have a mediation service in which they will speak to your neighbour and see if that can help, you can your self ask all the other people in the complex to sign a letter which can be given to the person causing the noise, myself I would seek the help of the council

    So phone the environmental officer at your council

  3. #3
    Senior Member beau's Avatar
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    I may get shot down but why is 9 am too early, to me it is acceptable. He may be busy Sats that is why the work is done on a Sun. The light runs out early afternoon and artificial light is not the same.
    What would he say if you started doing DIY at those times?

  4. #4
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    Ohhhh beau...maybe you are just naive! He does not have anything else to do on Saturdays. Yes he works Mon-Fri and in fact, due to the problems, past and present, these are the only times that my partner & I can really relatively relax, as can our neighbours. He has made it quite clear previously, that anything at all he is able to do to cause inconvenience, upset, frustration regardless of consequences, he will do. But the way in which he carries out and continues is that he will do weeks worth, wait for complaint, then go quiet for a number of weeks until time to start again. (Complaints have been made, together with other neighbours confirming affective actions, more times I can recall but have evidence and documents relating to, but all that happens is that he receives warning from landlord).

    As for your final remark, we and neighbours affected, would never dream of doind DIY at these times. Even so, when little bits have been done and have to be done, we have always been courteous enough to let neighbours know of any impending work...even that which has had to be done due to refurbishment.

    We are now looking at dealing with matter ourselves under section 82 environment protection act, 1990. Has anybody had to take matters this far themselves, out fo interest?

    Again, TY.

  5. #5
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    7am to 11pm is the norm. 9am on a sunday seems ok but normally best to tell your neighbours.

  6. #6
    Senior Member beau's Avatar
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    I am not being naive, if I wanted to start my DIY, I would do it at a time that suits me but not too early and not too late in the day, not what suits the neighbours.
    If you feel that strongly about noise I suggest you find yourself a detached property and no one would bother you.
    You are bound to get noise whilst living in a flat.

  7. #7
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    10am doesn't sound too early. Maybe it would be interesting to see what they are working on. Maybe you can learn something, help or he/they could do some work for you.

  8. #8
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    With what you've said nothing will be done, I lived in a flat for 13 yrs when i moved in it was meant for disabled and elderly and as every disabled or elderly person died or went into care they moved younger people in and druggies, My upstairs neighbour was the last from the original to die 3months after they moved a woman who was in her late 40s in who worked and it was ok but a month later her idiot fella moved in my bedroom was by their stairs every weekend they'd come banging in shouting singing etc at all hours, he used to have his mates round and every time i went into the garden they'd shout things at me he'd throw cigarettes out and paper all into the garden then they got a massive dog they'd leave locked in while at work and it'd be howling then he lost his job and from 9.30 when she went to work till 5 when she came back he'd play his music blasting out he'd do it for 3 days then nothing for 2days. I went to housing did all the noise stuff etc basically because it was after 8am and before 11pm was nothing i could do cos it didn't go on continuously had a few days off in between it didn't count and the whole shouting and singing etc for an hour or so in the early hours is just something in a flat you have to accept they sent them a letter they stopped for 3weeks so council closed the case then they started again it went on for 4yrs then thankfully i got moved to a bungalow.
    So i totally feel bad for you as i know you can never relax waiting for it to start. I got a move in part cos of my health getting worse but also i think because i threatened to sue the council for undue stress aggravating my conditions, maybe you and all the other residents could club together and get legal help maybe they'd move this person out if you all stuck together. Good luck hope you can get something sorted

  9. #9
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    What happens if it is impossible to find a compromise arrangement?
    In extreme cases involving noise, smoke or dust that causes a substantial interference
    with a resident’s use and enjoyment of their property councils can investigate and take
    legal action to control the nuisance where evidence clearly shows there is a significant
    problem that needs controlling. Where there is no cooperation from the person
    undertaking the work to stop the nuisance a council can impose times and working
    conditions through an abatement notice, which is a legally binding order that must be
    complied with. An abatement notice does not necessarily mean that DIY work will be
    stopped outright, as it is usually possible to improve the situation by restricting activities
    to certain hours instead. Just as the person doing DIY work does not have complete
    freedom to undertake their work with complete disregard for their neighbours’ comfort,
    the neighbours themselves do not have a right to demand protection from every
    intrusive noise and other nuisance they experience in and on their property. As
    obtaining the necessary evidence to take legal action can often be time consuming we
    will always try to seek an informal solution to the problem wherever possible.
    Information about how Charnwood deals with complaints about nuisance is contained in
    our fact sheet “Dealing with Neighbour Nuisance.”

  10. #10
    Senior Member RaeUK's Avatar
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    Any AM is too blooming early in my book!

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