Thursday 8 December 2016

Tenant disturbed by water pump 'morning, noon and night' awarded €7.5k

Saurya Cherfi

Published 26/11/2016 | 09:15

Carol-Ann Flanagan, a Dublin City Council tenant who lives at Crossguns Bridge, Phibsborough, leaving court after the hearing.
(pic: CourtPix.)
Carol-Ann Flanagan, a Dublin City Council tenant who lives at Crossguns Bridge, Phibsborough, leaving court after the hearing. (pic: CourtPix.)

A Dublin woman, who claimed her life had been disturbed for three years because of noises "morning, noon and night", from a water pump in her neighbour's apartment has been awarded damages in the Circuit Civil Court.

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Carol-Ann Flanagan, a Dublin City Council tenant who lives at Cross Guns Bridge, Phibsborough, claimed the pump, used to power a shower, washing machine and taps in the apartment directly adjacent to hers and owned by landlord Kay Lennox, had not been designed for multiple appliances.

Ms Flanagan (inset), who moved into the apartment in May 2012, described the noises as resembling "little explosions".

"The apartment went from being a relatively quiet and peaceful place to something like a construction site," she said.

The court heard she contacted Dublin City Council, which investigated the matter but decided the noise did not constitute a nuisance. She had issued legal proceedings against Ms Lennox, of St Fintans Road, Sutton, Dublin, after mediation had failed.

HELPLESS

She said she had been hopeless and helpless and did not know where to turn with her complaints. "I am not a party reveller. I read a lot at home. I'm only a tenant who wants to live in peace and quiet," Ms Flanagan said.

She told Circuit Court President Mr Justice Raymond Groarke that the noise frequency had reduced by 50pc since an engineering inspection took place in 2015.

The judge earlier reprimanded Ms Flanagan for interrupting Ms Lennox's evidence. He said she had exaggerated her complaints but he was satisfied the noise constituted a nuisance.

The judge said Ms Lennox's tenants had done the best they could to accommodate Ms Flanagan, but awarded her €7,500 damages.

Herald

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