QUESTION
I live on the first floor of an apartment building. My neighbours above and below me are constantly playing loud music after 11pm at night. I have previously reported this to the property management company and they asked me to try to speak to the neighbour myself to resolve the issue. I live alone and do not feel comfortable approaching them about the noise by myself.
It is almost every evening. Is there anything else I can do or what would be the best course of action?
ANSWER
Within residential leasehold, a lease will contain obligations between landlord and tenant, known as covenants.
One covenant that relates to noise nuisance will be the ‘quiet enjoyment of the property’. But what does that actually mean, and should it be taken literally?
We have found that some leaseholders believe that quiet enjoyment means a quiet property, but this is a misinterpretation of what the covenant means.
Quiet enjoyment means that you have the right to use the property, without unreasonable or unnecessary interference.
Noise nuisance refers to excessive or disruptive noise that causes a disturbance or annoyance to the residents.
Some common examples of noise nuisance in a block of flats include:
- Excessive volume: Loud music, television, or parties that create a disturbance to neighbours, especially during late hours or at inappropriate times.
- Footsteps and movement: Frequent loud footsteps, dragging of furniture, or other noises caused by residents moving around their flats, particularly during quiet hours.
- Banging or slamming doors: Constant slamming of doors, which can create a loud and disruptive noise throughout the building.
- DIY and construction noise: Excessive noise caused by renovation work, power tools, drilling, hammering, or any other construction activities during restricted hours.
- Pets: Continuous barking or other disruptive behaviour from pets within the flat, which disturbs other residents.
- Plumbing and appliances: Noises caused by malfunctioning plumbing, vibrating pipes, or loud appliances such as washing machines, dryers, or dishwashers that are used during quiet hours.
- Parties and gatherings: Large gatherings, parties, or social events that generate excessive noise and disturb the peace of other residents.
As a leaseholder, your lease will determine what restrictive covenants are in place, and your managing agent can assist with this, however your local authority Environmental Health department will have a lot more power than your managing agent.
You will need to keep a noise log detailing the time, date, offending noise, how long the noise continued for and how it affected you. This will need to be done for at least 2 weeks, and can be sent to your local authority as evidence when the complaint is made.
The local authority will then investigate the matter and take it further if the noise levels exceed 34dBA and is considered a Statutory Nuisance.
For the noise to count as a statutory nuisance it must do one of the following:
- Unreasonably and substantially interfere with the use or enjoyment of a home or other premises
- Injure health or be likely to injure health
It’s important to remember that a lot of the time, residents do not even realise they are becoming a nuisance.
If you're having a problem, our advice is to have a chat with your neighbour in the first instance. Most of the time, an honest conversation leads to the best results.
Jodie Fraser, Founder & CEO, Fraser Allen Estate Management
