How to cope with noisy neighbours. Part 1
Many complaints from residents of blocks of flats arise from noise. DIY or building activity, late night music, laminated floors and barking dogs are the main causes.
* The Government advises residents to solve their noise problems by taking a stepped approach.
* What your landlord or agent can do to prevent noise will be limited. It is unlikely that a court will evict a long leaseholder for noise problems.
* There are help lines and information leaflets available to assist you.
What can Lessees do?
Use the following stepped approach:
1. Keep records
2. Start building a relationship with your neighbour.
3. Have a quiet word about the problem.
4. Have a stronger word: explain the impact on you and/or your family.
5. Employ mediation services
6. Contact your local authority.
7. Contact abatement societies.
8. Take legal action yourself.
Keeping Records of Noise
Keep a record of the nuisance as soon as it happens e.g. date, time, type etc. It is not a legal requirement, but you may need it to back up your complaint and it could be used in evidence if you go to court.
Approach your Neighbours
If you do approach them, wait until a suitable time, and although you may feel angry, do not lose your temper. It could be used against you at another time. Plan what you are going to say and keep calm.
Before you approach your neighbour it is important to assess the risk to your personal safety and property. If you feel frightened or intimidated by your neighbour and you are worried that they may respond aggressively, then approaching them to complain may not be the best option for you; you may wish to consider contacting the police in these circumstances. Most problems can be solved amicably without a need for further action. You may feel anxious about approaching your neighbour but remember that they may be genuinely unaware that they are the source of a problem. When approached, often they will be embarrassed about the nuisance they have been causing and will be more considerate in future. It is important to do this as early as possible before the problem spirals out of control.
Mediation Services
Neighbour mediation is a process in which a third party helps people resolve disputes between those who live in the same locality or neighbourhood. It is a route that aims to assist both parties in identifying each other's needs, sorting out any problems, exploring solutions and negotiating an agreement. This often helps preserve neighbourly relations or build better ones and can sort out disputes before they escalate. Most mediation services are registered charities although some are part of other organisations such as local authority housing mediation services departments or the local Citizens' Advice.
Contacting your Local Authority
Your local authority has a statutory duty to take reasonable steps to investigate complaints. Under Section 80 of the Environmental Protection Act 1990, the Environmental Health Officer (EHO) is required to take “all reasonable” steps to assess whether the noise constitutes a statutory nuisance. If the EHO is satisfied that a statutory nuisance exists, or is likely to occur or reoccur, they have to serve a noise abatement notice. However, they may suggest other ways forward:
* Mediation: Many local authorities have independent trained mediators who will offer to mediate between you and your neighbour. Sometimes, this may work, but other times it may not be appropriate.
* A warning letter. Some local authorities may send a warning letter. Again, this may work, but it can backfire. It can alert the neighbours that you have complained and therefore the noise may become more intermittent and collecting evidence may be a problem.
* An abatement order: Ultimately, if the noise persists and the local authority has deemed the noise a statutory nuisance, they have a duty to serve a notice on the offenders. If the offender fails to comply they can face court action. The local authority also has the power to confiscate noise producing equipment.
Go to Part 2
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DISCLAIMER
Any external products and services listed do not necessarily carry the endorsement of retirement-flat-living or imply a recommendation. retirement-flat-living.co.uk does not recommend any of the advertisers and cannot be held responsible for any work undertaken by or purchased from any advertiser on this site.
Whilst retirement-flat-living makes every effort to ensure that the articles included in the web site are accurate at the time of publication it is inevitable that, as time goes by and circumstances change, the articles may contain out of date information. Readers are strongly urged to check the content of these articles before taking any action that could have legal or financial consequences. retirement-flat-living shall not be liable for any loss, damage or inconvenience arising from inaccuracies.