A young mum has been told she won’t be evicted for being a noisy neighbour because the walls of her flat are so THIN.
Some 150 complaints had been made against Natalie Walker for the noise coming from her flat near Bristol .
But her housing association has seen its attempts to evict her fall on deaf ears after both a county court and high court judge ruled in her favour.
Curo first tried to evict the mum last year but were told by a county court judge that the problems were mainly because the building they both lived in had a ‘serious problem’ with sound insulation.
The housing association appealed and took the matter to the High Court in London insisting the mum of two small children should be evited.
But High Court judge Mr Justice Birss agreed with the county court judge in Bristol and said while Ms Walker admitted most of the noise was coming from her flat in Keynsham, she shouldn’t be evicted, reports Bristol Live
The High Court heard that Ms Walker’s downstairs neighbour Jamal Azami was driven mad from the noise from Ms Walker’s flat upstairs, but the judge decided he was mistaken in thinking the noise was directed at him and his family.
Many of the complaints against Ms Walker related to banging on floors, which the young mum put down to the noise of her ‘very active’ two small children.
At the county court in March last year, Judge Paul Matthews said Ms Walker had breached the terms of her tenancy, but refused to order her out of the property in Durham Grove.
Having heard recordings of the noise, he said there was a "serious problem" in relation to the building’s sound insulation.
It meant ordinary everyday activities – including talking and using the toilet – could disturb neighbouring residents.
Appealing against the ruling to the High Court, the landlord argued that Judge Matthews was wrong not to evict Ms Walker.
But dismissing the appeal, Mr Justice Birss said that, although Judge Matthews thought "disturbances" were likely to continue, further breaches of the tenancy were "by no means inevitable".
"The judge had held that much of the disturbance he had identified was not caused by any breach of the tenancy agreement or nuisance by Ms Walker," he said.
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"Part of the difficulty was caused by the fact that Mr Azami, wrongly, thought his family was being targeted by Ms Walker.
"The judge found that a significant cause of the disturbances was the combination of poor sound insulation and ordinary household noise.
"Overall, he reached the conclusion that it was not reasonable to make a possession order.
"As the trial judge, that is an assessment he was in the best position to make. It cannot be said he was plainly wrong in doing so."
Dismissing the appeal, he said Judge Matthews’ judgment refusing a possession order would stand.
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