A FAMILY facing eviction over reports they are making too much noise claims it is being made by their two-and-a-half-year-old daughter.

Nicola Baylis, aged 23, and her partner Tim Richold were given a notice seeking possession of their property in Lingmell Court, Warndon, after Nexus Housing received many complaints from the couple’s downstairs neighbour about the noise coming from their first-floor flat.

But Miss Baylis said the “noise” complained about is simply her daughter Skye playing with her toys and occasionally dropping them on the floor, her daughter crying and her shouting at her daughter when she is naughty.

In November, Miss Baylis was made to sign an acceptable behaviour contract, which says she must not run up the stairs to her property continuously, allow her dog to bark or “use” her daughter as a reason for noise.

Nexus have now asked to remove the dog from the flat.

The contract says that if Miss Baylis breaches its terms, Nexus will consider it to be anti-social behaviour.

She said the terms of the contract have left her unable to live freely in her own home and her daughter is simply behaving like a normal two-year-old.

The mum-of-one claims she has been victimised by her housing officer, who also manages the ground-floor flat, and has not received complaints from any other neighbours.

She suffered from post-natal depression following Skye’s birth and has now been prescribed anti-depressants.

“They are evicting me because of my daughter. The complaints are mainly because of her and her crying” she said. “I don’t feel like I can live normally here, you can hear everything.

“I just want a peaceful life. I constantly feel on edge.”

Last week, Miss Baylis was presented with a list of complaints - one about being seen at the window in just her underwear - spanning between January and December last year despite only receiving four letters of complaint, which she said date back to March.

No incidents were reported between March and August and Miss Baylis thought the issue had been sorted. Jennifer Soley, senior housing officer at Nexus Housing, said: “We have notified Miss Baylis that we are seeking possession of her property, because of noise and other nuisance.

“However, this is very much the first stage in the process and any decision to repossess the property would have to be made by a court.

“This move follows a catalogue of complaints to us.”

List of complaints

• January 11, 2011: “The housing officer was returning to her car when she stopped opposite Lingmell Court. She saw you in the bedroom of the property making a bed, your back was to the window and you were bent over but could see that you were only wearing underwear.”

• January 17, 2011: “A number of complaints were received about the noise nuisance caused on a daily basis by a group of loud male youths who regularly visit the flat at all hours of the day and night and who were seen carrying beer into the property causing fear, alarm, harassment and distress to residents of their estate, their families, visitors and others.”

• September 6, 2011: “Between 9.30pm and 10.40pm residents were disturbed by continually running up and down stairs with loud talking in the bedroom causing fear, alarm, harassment and distress to residents.”

• October 19, 2011: “Between 7.45am and 9am, residents were woken by you screaming and shouting at your daughter using foul and abusive language.”

• December 18, 2011: “Between 2pm and 4.25pm loud banging and walking in the lounge causing fear, alarm, harassment and distress.”