Letting Factsheets Factsheet 31 - Dealing with Noise and Nuisance
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Dealing with Noise and Nuisance
Background:Noise and nuisance is a common problem. Local authorities receive some 180,000 complaints a year relating to noise. Fortunately, there are remedies available to both landlords, occupiers and also local authorities to combat serious cases which constitute a nuisance to other residential occupiers. The purpose of this factsheet is to explain what action can be taken, to summarise the legal duties and rights of the various parties, and to find out where to go for further assistance and information.
What is Nuisance ?It is a criminal offence to create excessive noise or nuisance that interferes with other people's rights to the use and enjoyment of their home and community. Such nuisance is often referred to as a public or statutory nuisance. Statutory nuisance is defined as a matter which is prejudicial to health or a nuisance and specifically includes: - noise emitted from premises such as noisy parties - noise from vehicles, machinery or equipment in the street - the state of premise such as verminous conditions - accumulations or deposits such as rubbish dumping - smoke, gas, fumes or noise emitted from premises - nuisance arising from the place or manner in which an animal is kept (e.g. overcrowding)
Landlord's Duties:A landlord has a duty to keep the structure, exterior and other parts in a state of repair, and to give his tenant's the benefit of quiet enjoyment of the property. Allowing premises to fall into a poor condition prejudicial to health can constitute a statutory nuisance.
Tenant's Duties:A tenant is obliged to take care of the property. The tenant must also ensure that neither his activities nor those of his visitors should cause damage to the property or disturbance to those living nearby. If the tenant breaks this covenant, a landlord may rightfully apply to the court for possession. The Housing Act 1996 (Crime and Disorder Act 1998 in Scotland) increased the sanctions available against problem tenants, introducing a new discretional ground; Ground 14 (Ground 15 in Scotland). The conduct need only be likely to cause annoyance to the landlord, other occupiers or even people engaged in lawful activity in the locality. The new provisions also apply to the conduct of the tenant's visitors.
Noise:Noise is probably the most common form of nuisance for landlords and their residential occupiers. Where the noise is caused by the tenant or a visitor of the tenant, the landlord will generally have authority to deal with the problem under the terms of the tenancy, bringing possession proceedings as the ultimate sanction. Where the noise is coming from a third party, either a neighbour's home, a local business or stationary vehicles and equipment in the street, the starting point is to talk directly to the person or company responsible for the noise and point out the problem. They may be carrying on normal domestic activities and unaware that their actions are causing a significant disturbance.
Starting Formal Action:When informal action is not possible or fails, it may be necessary to consider formal action. The occupier affected can complain to the local authority about the noise problem. Complaints are normally addressed to the environmental health department. Local authorities have a duty to investigate complaints of noise emitting from premises and vehicles, and machinery or equipment in the street. Under sections 80 and 81 of the Environmental Protection Act 1990, local authorities have a duty to deal with any noise which they consider to be a statutory nuisance. The Noise Act 1996 gives the local authority increased powers to combat anti-social behaviour including a standard for assessing noise and powers to seize the noise-making equipment. The local authority will usually send an environmental health officer (EHO) to visit the property where the noise or other nuisance is taking place. If during the visit, the EHO witnesses the noises or is otherwise satisfied that a statutory nuisance exists, they must serve an abatement notice on the person responsible for the nuisance. This may require the noise to be stopped altogether or limited to certain times of the day. Failure to comply with an abatement notice without reasonable cause is an offence which can carry a maximum fine of £5,000 with a further fine of up to £500 for each day on which the offence continues after conviction. Nuisance caused by commercial activity can attract higher fines. Local authorities have a number of powers to help them abate a noise nuisance. They can gain entry to premises to enable them to abate the nuisance or they can gain access or entry to vehicles, machinery or equipment when the person responsible cannot be found (e.g. misfiring vehicle alarms).
Written Records:It is important that written records are made of the dates, times and duration of the offending noise, as well as a description of its nature and the distress it causes to the occupier in the reasonable occupation of the property.
Self-Help:An occupier of premises suffering noise or other nuisance may seek abatement of that nuisance through the magistrates Court under s.82 of the Environmental Protection Act 1990. This route is often useful if the local authority has failed to take action, and can act as a deterrent or threat of action. For the council to take action, an officer must first witness the actual nuisance, which due to the time or duration may be difficult. In order to bring action in this way, a person must first give three days' notice of intention to bring proceedings. The Court is empowered, after a hearing, to make an order requiring abatement of the nuisance and prohibiting its recurrence. For further advice on this procedure, you are advised to contact the local authority's Environmental Health Department. An occupier can also take civil action for noise nuisance at common law by seeking either an injunction to restrain the defendant from continuing the nuisance and/or by issuing a claim for damages or loss.
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