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Do landlords have a duty to keep other tenants quiet (please read first)? watch

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    I am currently renting a flat in a block of 9 flats, all owned and managed by the same landlady. Each tenant's contract is the same as the next, and there is a clause which says that tenants shouldn't make noise audible outside their flat. I have two tenants below me who create a lot of noise - pounding music, loud TVs, etc. It's driving me nuts! I have tried to talk to them about it but one never answers the door and the other clearly decided my opinion wasn't worth a damn.

    I e-mailed the landlady and asked her to do something about it. Her reply was, in summary, "well, there's not a lot I can do because I don't live there, and you should file a noise complaint with the local council," which I can imagine will have as much effect as my own efforts, if the council ever bothered to turn up in the first place.

    So, where do I stand? I know I have no contract against the other tenants, but I do feel that the landlady should be doing something all the same. I chose to pay quite a bit of money for this apartment expressly to avoid noise, but I'm landed right in the middle of it.
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    (Original post by Rascacielos)
    I am currently renting a flat in a block of 9 flats, all owned and managed by the same landlady. Each tenant's contract is the same as the next, and there is a clause which says that tenants shouldn't make noise audible outside their flat. I have two tenants below me who create a lot of noise - pounding music, loud TVs, etc. It's driving me nuts! I have tried to talk to them about it but one never answers the door and the other clearly decided my opinion wasn't worth a damn.

    I e-mailed the landlady and asked her to do something about it. Her reply was, in summary, "well, there's not a lot I can do because I don't live there, and you should file a noise complaint with the local council," which I can imagine will have as much effect as my own efforts, if the council ever bothered to turn up in the first place.

    So, where do I stand? I know I have no contract against the other tenants, but I do feel that the landlady should be doing something all the same. I chose to pay quite a bit of money for this apartment expressly to avoid noise, but I'm landed right in the middle of it.
    If they're making excessive noise after 11pm (I think) then just call the police.
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    If there is a clause in the tenancy agreement that states excessive noise as grounds for being evicted, your landlady can certainly do something about it and request that they keep it down or face being kicked out if it continues after a warning. You could also get the police involved if it's noise at antisocial hours.
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    Implied term that she should ensure that tenants are not rowdy?
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    (Original post by Gjaykay)
    If they're making excessive noise after 11pm (I think) then just call the police.
    I don't think it's quite excessive to the point of calling the police. It's just loud TVs/loud telephone conversations/music with a bass that I can hear enough to distract me.
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    (Original post by Rascacielos)
    I don't think it's quite excessive to the point of calling the police. It's just loud TVs/loud telephone conversations/music with a bass that I can hear enough to distract me.
    This is very unfortunate for you, but don't lose hope - even though it may take some time to resolve. Just remember the law is on your side.

    1) Don't write off your council. They can and will be very helpful and this issue can be resolved through them.

    2) Your landlady is wrong. It's her property and she is responsible for the noise and nuisance whatever she claims.

    3) Unless there is a breach of the peace (i.e. a fight or one of the tenants or the landlady becomes abusive or threatening towards you) then the police will not get involved.

    I know all of this from quite recent experience.

    You need to do this methodically:

    Keep a detailed log of each and every incident: date, time, duration, what was disturbing you (music, tv, etc.) and how it is affecting you.

    Also keep a written log of all contact you may have with your landlady and any time you have spoken to the noise maker.

    Then contact your council. Tell them you have spoken with the landlady. Keep phoning your council and write to them whenever the noise nuisance happens.

    They will send someone to see you and they can install sealed noise monitoring equipment which you activate every time the nuisance occurs. This records continuously in past-time so will capture the previous 2 minutes from before you pressed the record button and until you press the stop button. This together with your noise log will form the basis of the case they can build up against both the perpetrator and the landlady.

    If the noise level is captured (believe me, it only needs to be quite low level if it happens late at night), then the council will contact, both the tenant and the landlady in writing asking them to desist the nuisance and for the landlady to deal with the issue.

    If the tenants are social housing, then the council can evict them quite quickly.

    If not and if it continues, the council will issue a warning letter asking them to desist or action will be taken against the tenant or the landlady or both.

    If it still continues the council will issue a noise abatement order covering the property and binding both the tenant and the landlady to keep the peace for a period of 1 year.

    If they break this order, the council will send an environmental health officer to witness the disturbance. This is normally via an out of hours mobile number where the officer will be on-call 24/7 and will arrive usually with the half hour.

    After 3 occurrences, the council will issue a court summons which will be dealt with in a magistrates court and the fines are quite stiff.

    My neighbour was given an abatement order and then the council took her to court. She was fined £400 on each of 3 occurrences (£1200), had to pay the councils court costs (£300) + her own solicitors fees (another few hundred pounds) + a victims surcharge fee. In all around £2000. And this was for late night noise. The council also wrote to her telling her that if she broke the order, then she faced jail.

    The noise stopped, she has become a model citizen and we are now on civil talking terms. All this could have been avoided.

    It took the best part of 9 months to get that far though. I feel for you, but you have to stay squeaky clean and avoid the temptation to aggravate the situation by heated arguments.

    Most councils have an environmental/noise nuisance process. Have a look on your local council website. There is plenty of information out there.

    Stick to the process and it WILL be resolved.

    Good luck and best wishes.
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    (Original post by uberteknik)
    This is very unfortunate for you, but don't lose hope - even though it may take some time to resolve. Just remember the law is on your side.

    1) Don't write off your council. They can and will be very helpful and this issue can be resolved through them.

    2) Your landlady is wrong. It's her property and she is responsible for the noise and nuisance whatever she claims.

    3) Unless there is a breach of the peace (i.e. a fight or one of the tenants or the landlady becomes abusive or threatening towards you) then the police will not get involved.

    I know all of this from quite recent experience.

    You need to do this methodically:

    Keep a detailed log of each and every incident: date, time, duration, what was disturbing you (music, tv, etc.) and how it is affecting you.

    Also keep a written log of all contact you may have with your landlady and any time you have spoken to the noise maker.

    Then contact your council. Tell them you have spoken with the landlady. Keep phoning your council and write to them whenever the noise nuisance happens.

    They will send someone to see you and they can install sealed noise monitoring equipment which you activate every time the nuisance occurs. This records continuously in past-time so will capture the previous 2 minutes from before you pressed the record button and until you press the stop button. This together with your noise log will form the basis of the case they can build up against both the perpetrator and the landlady.

    If the noise level is captured (believe me, it only needs to be quite low level if it happens late at night), then the council will contact, both the tenant and the landlady in writing asking them to desist the nuisance and for the landlady to deal with the issue.

    If the tenants are social housing, then the council can evict them quite quickly.

    If not and if it continues, the council will issue a warning letter asking them to desist or action will be taken against the tenant or the landlady or both.

    If it still continues the council will issue a noise abatement order covering the property and binding both the tenant and the landlady to keep the peace for a period of 1 year.

    If they break this order, the council will send an environmental health officer to witness the disturbance. This is normally via an out of hours mobile number where the officer will be on-call 24/7 and will arrive usually with the half hour.

    After 3 occurrences, the council will issue a court summons which will be dealt with in a magistrates court and the fines are quite stiff.

    My neighbour was given an abatement order and then the council took her to court. She was fined £400 on each of 3 occurrences (£1200), had to pay the councils court costs (£300) + her own solicitors fees (another few hundred pounds) + a victims surcharge fee. In all around £2000. And this was for late night noise. The council also wrote to her telling her that if she broke the order, then she faced jail.

    The noise stopped, she has become a model citizen and we are now on civil talking terms. All this could have been avoided.

    It took the best part of 9 months to get that far though. I feel for you, but you have to stay squeaky clean and avoid the temptation to aggravate the situation by heated arguments.

    Most councils have an environmental/noise nuisance process. Have a look on your local council website. There is plenty of information out there.

    Stick to the process and it WILL be resolved.

    Good luck and best wishes.
    Thanks for that. I'll certainly use it to get the landlady moving! I'm only here for the academic year (around 8 months) so I need to get cracking.
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    If there's a clause in your tenancy about noise and they are breaching that, then she really can do something about it, she's just being lazy. Remind her about that clause if necessary.
 
 
 

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