Apr 15, 2020

How Landlords can Resolve Noise Issues

Noisy tenants can be a problem for landlords. Whether your tenants are fans of loud music or your properties are located in streets where there are problem residents, noise issues can cause all kinds of misery.

If a neighbour can’t resolve the issue directly (or chooses not to for any reason), they will probably contact you or the local authority. It’s important that landlords deal with noisy tenants in an emphatic way.

Whilst you cannot be held responsible if your tenants make too much noise on a regular basis, unless you knowingly let the property to someone who you knew would cause problems, it’s still in your best interests to deal with the problem.

Antisocial behaviour, specifically excessive noise, has a knock-on effect in the wider community. One noisy neighbour can make a whole street miserable.

Read on for a guide to resolving noise issues – and preventing them in the first place.

The Definition of Noise

Noise can be anything from music to dogs barking. The most common noise complaints fall into the following categories:

Loud music
TVs
Noise from parties – voices and music
Dogs barking excessively
Children screaming and shouting
Loud noise from air-con units, equipment/tools, and engines

Noise complaints typically come from tenants in a shared property or in flats where tenants live close together. Noise complaints can equally come from surrounding neighbours in terraced neighbourhoods. Landlords may have to deal with complaints from tenants about problems with noisy neighbours or businesses. In this guide, we’ll cover all areas.

The Law on Noise Issues

The law is very effective when it comes to noise issues and local authorities are usually happy to step in when noise levels exceed permitted levels.

Under the Environmental Protection Act 1990, the Noise and Statutory Nuisance Act 1993, and the Noise Act 1996, we all have the right to be protected from excessive noise that interferes with our quality of life.

The legislation states noise must be excessive enough to cause a nuisance. Complainants are encouraged to try and resolve issues directly with the persons responsible, but if that fails, they can make a complaint to their local environmental health officer.

If noise is deemed to be a statutory nuisance, environmental health officers have the power to take action in the form of noise abatement orders. If there is a lack of compliance, the local authority may take the matter to court. Individuals can be fined up to £5,000. In some cases, the police end up being involved when the person or persons causing a problem are aggressive or violent. This is classed as antisocial behaviour. Noise making equipment, such as speakers and sound systems can be confiscated by the police.

Are Landlords Liable for Noise Issues?

Landlords are not liable for noisy tenants unless they have directly participated in the noise or allowed the tenants to make noise.

So, if you, for example, attend a party held by the tenant which causes a complaint to arise or you provide sound equipment that a tenant uses to cause a noise complaint, you are liable.

Noisy Tenants

Noisy tenants can cause a problem for landlords. If neighbours or other tenants living in the same building are complaining, it’s a good idea to take action as soon as possible. We will deal with this in more detail below.

If you ignore the issue, there is a risk that the situation will escalate. Either aggrieved housemates will move out, leaving you with empty rooms/flats, or the neighbours will contact environmental health and the police may even get involved.

This is bad for many reasons. As a landlord, it’s sensible to try and forge a good relationship with neighbours, especially if you ever have plans to move back into the property. Good neighbours will alert you to any problems that may arise with your property, for instance, illegal sub-letting, criminal activities, or even external property damage like missing roof tiles. If neighbours regularly have to make noise complaints they are less likely to form a good relationship with you.

Noisy Visitors

As soon as you are alerted about problem visitors, contact the tenant deemed responsible for them. You should advise the tenant of the noise complaint and politely ask them to rectify the issue. You can ask the tenant to stop the visitors making noise or the tenant can ask them to leave. If the noise persists you may have to take further action.

Noisy Neighbours

Noisy neighbours are a tricky one. Technically, there is no obligation on the landlord to rectify the issue unless the neighbours making the noise are also the landlord’s tenants. In the interests of building a good relationship with your tenants though you should do what you can to help.

Talk to the problem neighbours on behalf of your tenant. If that fails, assist your tenant by helping them to raise a noise complaint with the local authority.

The more helpful and supportive you can be with such issues the more likely you are to build a strong and lasting relationship with your tenant.

Add a Noise Clause to The Lease

It is wise to include a clause in the tenancy agreement that relates to excessive noise and quiet hours. Quiet hours are typically between 11 pm and 7 am, but you can adjust this if necessary. Remember these quiet hours must be reasonable, it would be unenforceable for instance if you chose quiet hours of 11am – 4pm. If a tenant repeatedly makes excessive noise during the quiet hours you may be able to take further action as they will be in breach of their tenancy agreement.

Noise-proofing a Property

Poorly insulated properties can exacerbate noise complaints as this makes it more likely that tenants will hear each other through the walls. Whilst there isn’t much you can do as a landlord, do bear this in mind when renovating a property.

For example, removing carpets and replacing them with laminate floors might look good and be better wearing, but in a flat, it can create excess noise for tenants living below.

In general, soft surfaces like carpets reduce noise better than hard floors. If you’re planning to let flats to families with children, this is an important point to consider. You may find that fitting carpets and budgeting to replace them every 3-5 years is a better idea than fitting hard floors more apt to cause noise.

Dealing with Specific Noise Problems

Noise is subjective. One person might complain about a burglar alarm trilling incessantly for hours but be oblivious to loud bass music. Here’s a rundown of the most common noise complaints:

Music and Parties

If there’s one thing guaranteed to annoy neighbours its a loud party they haven’t been invited to. Loud music that continues into the small hours is a common cause of noise complaints.

In the Covid era there should be far fewer complaints regarding parties, and where parties are held authorities should be called. However, post Covid these types of complaints may return and if they do, here’s how to deal with them…

Often loud music and parties are associated with younger tenants and short-term-lets but these are by far not the only offenders.

If you receive noise complaints of this type ask tenants to make sure that in future parties are held until reasonable times and that music is turned down after 11pm. Advise tenants that it’s best practice to let neighbours know that a party will be taking place and often if you invite the neighbours it leads to less complaints. Ask tenants to hold parties at weekends where it’s less likely that they will be disturbing people who have work the next day. No-one is going to begrudge a tenant the odd party, but if you get frequent noise complaints about parties you may have to take further action.

Burglar Alarms

Burglar and car alarms can sometimes go off incessantly and this causes misery for surrounding neighbours. During the day the noise is unwelcome, but at night when you’re trying to sleep it can be its own form of torture.

If your property comes fitted with a burglar alarm, make sure your tenants know how to disable it. Make sure the neighbours have your contact details, in case it goes off when tenants are on holiday. If it’s broken and goes off unbidden at all hours of the night and day arrange for it to be fixed as soon as possible.

Noisy Dogs

Dogs bark, it’s in their nature. However, nobody wants to listen to a dog barking for hours on end.

If you’ve allowed your tenants to keep pets and they are causing a noise nuisance you’ll need to talk to your tenant and ask them to deal with the issue. If the tenant doesn’t deal with the issue and you get frequent noise complaints you will need to tell the tenant that you are taking further action. Further action can range from contacting the local council, RSPCA if you feel the animal is being mis-treated or considering ending the tenancy if the tenant is causing a repeated nuisance.

Antisocial Behaviour

Noise issues can be a side product of anti-social behaviour. if this is the case it will need sorting out quickly as no one should have to put up with tis kind of behaviour.

Acknowledging the Noise Problem

Don’t ignore complaints from fed-up housemates and neighbours. If there is a problem you will need to deal with it.

The sooner you resolve the issue, the less bad feeling will be generated by all involved.

Talking to the Perpetrator of the Noise

Talking must always be the first step. It’s possible the tenant is completely unaware they are causing a problem.

Always corroborate claims of excessive noise. It can sometimes be the case that a complainant is overexaggerating. Talk to other people living in the property or close neighbours to make sure you’re not about to accuse someone of making excessive noise when they did nothing wrong.

Remember, excessive noise to one person is perfectly normal to another. If they are running a washing machine late at night, for example, it could be because they work shifts and it’s the only time where they can do laundry. It might also have been an isolated incident.

Make the person aware there is a problem. Show them a copy of the tenancy agreement, highlighting the noise clause.

Talk to them in a non-confrontational manner. Advise them their behaviour needs to change or the source of the problem (e.g. a barking dog) must be removed from the property. Remind them that if the problem persists, there will be repercussions.

Mediation of Noise Complaints

If the tenant causing the problem is aggressive or unapproachable for any reason, use a mediator. A neutral third-party might be able to reach a settlement with the tenant.

Letting agents will normally be the third-party if you pay a management fee.

Reporting Third-party Noise Issues

If the problem relates to a third-party and your tenants have asked for help, raise an official complaint with the Environmental Health Department of your local authority. They will investigate and deal with the perpetrator accordingly. They have the power to issue a noise abatement notice. If the person doesn’t comply, they can be fined.

Advise your tenants to keep a record of noise, as evidence will be required.

Tenant Vetting can Help Reduce Noisy Tenants

A thorough tenant vetting procedure should help you avoid letting properties to tenants with a history of noise complaints against them. Always check a tenant’s references and if possible, speak to their previous landlord. If there is any suggestion the tenant has been evicted from a previous rental property, or if the landlord has had problems with the tenant it’s a good idea to find out why.

Work with a tenant wherever possible, in most cases noise complaints are isolated incidents. Once tenants are aware they are causing issues this is often enough to prevent the problem from escalating. If the problem persists and a tenant is not modifying their behaviour you will need to take further action depending on the severity of the problem.

We hope this guide has helped highlight a few noise issues and how to deal with them. As always, if you have any comments or questions, get in touch on Facebook or Twitter!