Noisy Neighbours
By Joanna Stanton
Disputes between neighbours can be extremely stressful and distressing and can arise from all manner of situations from boundary disputes to over hanging tree branches. However, one of the most common complaints relates to noisy neighbours. Joanna Stanton of MWR Solicitors writes about possible solutions to this particularly disturbing problem.
The first step in any dispute should be to calmly approach the noise maker to explain why you are unhappy and to ask them to reduce the noise.
This can be done face to face or in writing if a direct confrontation is likely to result in an argument. The noise maker may simply be unaware that they are disturbing you and may be happy to work with you to resolve the issue. If an initial approach fails, there are trained mediators who maybe able to help and advise you. (Please see below for contact details). Your safety is paramount; do not approach a neighbour if you are at risk of abusive, threatening or violent behaviour.
It is useful to keep a diary detailing the dates, times and nature of disturbances as events can become blurred and the diary can be used in evidence should proceedings be necessary later.
If the neighbour is a private or local authority tenant (Northern Ireland Housing Executive in Northern Ireland), it is a good idea to report the problem to the landlord who should be prepared to intervene as the noisy tenant is likely to be in breach of their tenancy agreement. The landlord may be able to apply to the court for an injunction or in extreme cases to evict the noisy tenant from the property.
When discussions with the neighbour have not resolved the problem the next step would be to contact the Environmental Health Department of your Local Authority (Local Council in Northern Ireland). An Environmental Health Officer (EHO) must take all reasonable steps to investigate your complaint and may use sophisticated equipment to measure not only the noise, but the degree of nuisance it is causing to neighbouring properties. The (EHO) will attempt to assist in resolving the complaint by further discussions.
Where the noise nuisance is serious, the Local Authority may serve a legal notice on the noise maker requiring them to stop. If the neighbour does not comply with the notice, the Local Authority has the power to prosecute the noise maker through the Magistrates Court and to seize noise making equipment such as TVs, musical instruments, stereo systems and loud speakers.
Local Authority or Northern Ireland Housing Executives Tenants who are the victims of noise nuisance can contact the Local Government Ombudsman or Northern Ireland Ombudsman, who maybe able to award compensation if the Local Authority has failed in its duty. Housing Association tenants and tenants of other registered social landlords can contact the Independent Housing Ombudsman for help and advice as can the tenants of private landlords.
Furthermore, all local authorities have the power to deal with general noise nuisances and can for example enter a vehicle to silence an alarm. In London, local authorities can also enter a building to silence an alarm if it is causing a nuisance.
Finally, if the situation becomes out of control, the police can of course be called if a criminal offence such as a breach of the peace or an assault has been committed as a result of a neighbour dispute.
Useful links:
Mediation UK – 0117 904 6661
www.mediationuk.org.uk
Mediation Network (Northern Ireland) – 028 9043 8614
www.mediationnorthernireland.org.uk
Local Government Ombudsman – Tel 0845 602 1983 – www.lgo.org.uk
Northern Ireland Ombudsman – 0800 343424 –
www.ni-ombudsman.org.uk
Independent Housing Ombiudsman – 0845 712 5973 – www.ihos.org.uk
