Noisy Neighbours And How To Deal With Them
Having noisy neighbours is frustrating for many, and can seriously impact the enjoyment of your home, whether you are a homeowner, or tenant. In most circumstances, it is difficult to prove that the level of noise is outside day to day normal living activities and sounds.
What can I do
Whilst it may be difficult to prove “noise” which is outside of what is normal levels, in other instances, you may be able to seek assistance from the local authority to investigate the levels of noise.
Alternatively, the council can issue a statutory notice against your neighbour depending upon the severity of the noise nuisance.
If the noise is of such a level and consistency it could also give rise to a civil claim for nuisance and/or harassment which you could bring directly against the neighbour.
I live in a flat
In some circumstances, noise may be caused due to breaches of leases if you live in a flat or maisonette, where for example there is a contractual provision within the lease requiring carpeting or suitable insulated flooring. If you suspect that the noise is due to your neighbour having installed the wrong type of flooring, or having removed required insulation then this may amount to a breach of the lease. If your lease stipulates times upon which music can be played, or when certain activities that can take place, then you could raise this with your management company or freeholder once the lease has been considered.
You have a right to quiet enjoyment of your flat and there is usually an obligation on your freeholder to uphold this and take action against fellow leaseholders to prevent nuisances.
My neighbour is a tenant and not the home owner
If your neighbour is a tenant, you could also consider reporting the noise nuisance to the owner in the first instance, as they may not be aware of the disturbances, and if that is not successful, the next step may be to engage with their landlord. However, some landlords may not take action against their tenant, as they are not able to or the evidence is insufficient. The burden would be on you to collate sufficient evidence to share with the owner who can then make an informed decision about what to do.
If they are a social tenant you may be able to make complaints to the local authority for anti-scoial behaviour.
What evidence do I need
It is very important when considering whether you should bring a claim against your neighbour, to keep a full diary and log of the incidents and disturbances, what action(s) you have taken if any, and consider making a report to the local authority. Keeping details, permitted recordings and a catalogue of events would assist and support you in any action you decide to proceed with.
Word of Caution
I would caution taking matters into you own hands by engaging confrontationally with your neighbours before having taken legal advice on your rights as that could give rise to a counter allegation of harassment or nuisance.
You may have the benefit of legal expense insurance which could help pay for these types of disputes but this would require you having reported the matter to them as soon as possible and within a certain period.
Next steps
Contact our Property Disputes experts with your evidence and concerns for us to assess the merits of your case and advise on the next steps so that you can re-claim the peaceful sanctuary of your own home again. Call now on 0808 252 5231 or request a call back.
