Thanks for your question.
There's no action you can take against the association to get them to enforcement the "no nuisance" covenants in the agreement the tenants have with them, apart from complaining. You have no privity of contract with them and therefore it is for them to enforce the agreement as you see. The more persistently you complain to the association the more likely there are to seek to enforce strictly though.
In the first instance you should write to the local authority's environmental health department (noise abatement) and describer the time, nature and frequency of the noises. They will (or should) make an inspection. If there is noise at this time then they will issue a Noise Abatement Notice for them to stop making the noise if they do not comply with this then they could face criminal charges.
The alternative is to find the freehold title for the property from where the noise is coming from and checking the charges register to see if the property is subject to "No Nuisance" covenants. If it is then you can write to the association stating that you will taken court action to ask a court to enforce the notice against them. If it persists then you could ask a solicitor to write a letter before legal proceedings to the housing association to seek compliance (cost £50.00).
You can search for the freehold title to the property here:-
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Sorry Robert, can you clarify please.
Are you asking whether you could take the housing association to court if you could not sell the property due to disclosing the noise?
i am tom,
it seems logical, perhaps rare, but if we are restricted on our own property sale due to the housing association not dealing with the problem, and it continuing for almost 3 years which would lead me to think that it won't be resolved an time soon, and therefore restricting our own house sale, ultimately i see the housing association as responsible. so the question, yes, would we be able to take the housing association to court?
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