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Many complaints come to managing agents about noise but unfortunately
in reality there is very little that the Agent can do. They
can write to the tenant concerned advising them of their responsibilities
under the terms of the Lease but such a letter may have little
impact because it is very unlikely that a Court will give
any support to a threat of eviction for noise problems to
a long leaseholder . However if the occupier is a sub-tenant
on a short term let then his Landlord, if helpful, may have
more persuasive influence.
Before contacting us, if we are your managing agent, we recommend
that you do the following:
1. Keep records of the problem, in particular the time and
date.
2. Have a quiet word with your neighbour; if possible explain
the impact on your family. However if the neighbour responds
aggressively you may wish to contact the police. Remember,
if you report any incident to the police always obtain a crime
number.
3. Read up about your rights, the following websites could
be useful:
4. Take advice from a mediation service provided by the Local
Authority or the local Citizens Advice.
5. Contact your local authority, "Under Part III of the
Environmental Protection Act 1990, as amended by the Noise
and Statutory Nuisance Act 1993, local authorities have a
duty to investigate a complaint of noise or other nuisance
(including smoke, fumes, accumulations, deposits, odours etc)
from premises (land and buildings) and vehicles, machinery
or equipment in the street." Some have powers to take
emergency action to deal with urgent noise matters. visit:
Identifying the appropriate local authority to make a complaint
If after taking all the above steps you have made no progress
then write to us preferably by email setting out the history
of the problem that you have recorded. We will write to the
Leaseholder setting out the details and advising of the terms
of the lease that are breached and what if any powers the
Landlord has to remedy the breach.
Finally you may consider complaining direct to the Magistrates
court, but again you will need to show records of the problem
and the actions you have taken to try and resolve the problem.
Links
Neighbours from Hell in Britain:
http://www.nfh.org.uk/resources/Articles/noise/index.php
Identifying the local authority to make a complaint: http://local.direct.gov.uk/LDGRedirect/index.jsp?LGSL=412&LGIL=0&ServiceName=Report+a+noise+nuisance
Noise Concern: http://www.noiseconcern.org
The Noise Resource Service: http://www.noiseresourceservice.org.uk/
The Legislation covering noise nuisance: http://www.defra.gov.uk/environment/noise/statute.htm
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