Excessive noise from a neighbour can seriously damage the quality of home life, causing stress, irritation and sleep disturbance, but what is the best way to achieve a positive resolution?
Neighbour Noise
Neighbour noise can take many different forms. It could be the thumping bass of a stereo or TV, incessant shrieks of an unruly child, the reverberating stomp of heavy feet, the hammering sounds of a DIY enthusiast - the list goes on and on. However, whatever the cause, if the noise is so loud and frequent that you can’t go about your day to day life as normal – such as being woken in the night, or unable to hear your own TV – then you need to take action.
However, as good neighbourly relations are crucial to a happy home life, action should be taken with care and sensitivity to avoid making the situation worse. The best way to achieve this is to address the issue face to face with your neighbour.
First Step: Negotiation
The neighbour should be given chance to solve the problem. Many noise complaints are resolved amicably at the first step. Often the neighbour is unaware of the disturbance they are creating and feel guilty about causing any distress.
For the best chance of a harmonious resolution it is important to plan your approach beforehand and to choose the right moment. For instance, it is a bad idea to go around when you are feeling angry, or when the noise is actually happening, such as if there’s a party going on.
The Letter
However, you may find your neighbour unsympathetic to your complaints regardless of the moment. Your next step could be to write a letter informing your neighbour they are causing a problem, what it is and what you want them to do about it. This method might be employed as a first move if you don’t want to approach them, for example if you are worried they may respond with violence.
It is vital that you keep a copy of the letter. If you take up the complaint formally, this will serve as proof that you have attempted to tackle the problem yourself.
Talk to the Landlord
If the neighbour rents their home and direct communication has proven fruitless then it is worth speaking to their landlord. This may have an effect because the neighbour could be breaking the terms of their tenancy contract by causing a disturbance. The landlord might be able to sort out the problem or at least threaten the tenant with eviction if they continue to cause a nuisance.
Keep Evidence
If no resolution is forthcoming and the noise continues then it is important to keep records of the disturbance. A ‘noise diary’ will back up your complaint and could be used as evidence if the case goes to court. This should include:
- How long the noise lasts.
- What time it occurs.
- How loud it is.
- The effect it has on you.
- Names of other people who have heard it.
It is of course difficult to ascertain how loud a particular noise is. For help with this, the Noise Abatement Society provides information about different types of noise levels.
Contact Your Local Council
If the direct negotiation fails then you should then contact your local council. Their environmental health department has a statutory duty to take reasonable steps to investigate complaints and has the power to deal with them.
A noise complaint may lead to an environmental health officer visiting your home to monitor the noise. They might even install noise monitoring equipment to measure the noise level over a period of time.
If the environmental health department deem the problem to be a serious one then they will take appropriate action. This might include mediation, a warning letter or an abatement order.
Unsatisfied With Council Investigation?
However, what happens if the health officer doesn’t agree with your complaint? As there is no set level at which noise officially becomes a nuisance, their assessment depends on their judgement, and this can vary considerably from one council to the next.
If you disagree with their assessment then there are few alternative options open. Firstly, you could try to get other neighbours to support your complaint to give it greater weight. Alternatively you could seek the help of the Local Government Ombudsman who are an independent free service with High Court dedicated to investigating complaints handled unsatisfactorily by local councils.
You might also consider taking private action. However this step should not be taken lightly – first you should seek legal advice by going to a local advice centre or by talking to the clerk of the court.
Police Intervention
If your noise complaint with your neighbour leads to harassment then the police should be contacted because they might be committing a crime.
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