What can I do if I am experiencing noise nuisance?
The first time it happens you should speak to your neighbour as they may not be aware of how they are affecting you. You can try to talk through your differences with your neighbour and come to a solution to the problem. Don't go and talk to your neighbour whilst you're feeling angry about the noise, a better solution may be reached if you remain calm and try to avoid conflict. If discussions with your neighbour has failed and you consider the noise to be a statutory nuisance or unreasonable then you should contact one of our Tenancy Officers by calling 0300 131 7300 or emailing isha@isha.co.uk. Noise nuisance is considered as being ‘statutory’ noise when the noise is unreasonable. These are typically loud music, parties, loud machinery, barking dogs and alarms which are persistent and/or at unreasonable times (normally between 11:00pm and 07:00am). Noise nuisance is a breach of your agreement with us. Our Tenancy Officers will take all reasonable steps to make sure our customers fully comply with all obligations under the terms and conditions of their tenancy agreement. Taking formal action is a lengthy process and requires extensive evidence. Your Tenancy Officer will need your full support for any legal action to be successful. If the noise is non-statutory we may ask you to consider mediation. Taking your own action We recommend you try to resolve problems informally before taking formal action and explore other possibilities. We would always advise you contact us or your Local Authority before taking legal action however there are other options available to you. One such option involves the use of the Environmental Protection Act 1990. If the noise is associated with licensed premises (for example those selling alcohol or offering entertainment) you or the licensing officer (from your Local Council) can talk to the business owner and help solve problems. You can also apply for the license to be reviewed if there are public nuisance issues. Successful reviews may help reduce noise through the reduction of permitted operating hours. If informal methods are not working, you can take your own statutory nuisance action against perpetrators of noise. This is referred to as Section 82 action and involves the aggrieved party making a complaint direct to the Magistrate’s Court. If you do take your own action you should prepare your case carefully, gather plenty of evidence and follow legal procedures very carefully. As always with statutory nuisance, the quality and quantity of your evidence will be the key to your success. There are some important steps that should be followed if you wish to take your own action including providing a written warning to your neighbour so, if you are going to go down this route, you will benefit from some further guidance. You don’t need a solicitor to take action however, there are risks involved when taking your own action so we would suggest that you seek legal advice. Return to Graphics Version