Noise issues may sound insignificant, but it can escalate to evictions if the problem persists. If your neighbours have complained about your tenants being too noisy, here are some approaches you can take.
Can Noise Be Prevented?
Noise is subjective; heavy music being played from a detached property is usually unlikely to cause a nuisance, but the same level of music in a block of flats is likely to affect neighbours. As landlords, one of the best ways to protect yourself from tenant nuisance complaints is to set out a clause in your tenancy agreement. The clause should outline that the tenant agrees to not create any unnecessary noise or nuisance that could potentially cause stress to the neighbours.
Landlords can also provide guidance and reminders to tenants, such as monitoring sounds from electronic devices throughout the day, avoid leaving dogs barking and disturbing the neighbours, putting speakers further away from shared walls; and limit noise after a certain time in the evening. It’s also a good idea for tenants to let the neighbours know if they intend to have a party or bonfire.
How To Handle Complaints From Neighbours?
If you receive complaints from the neighbours regarding noise coming from the tenants in your property, you may encourage the neighbours to communicate with the tenants to solve the issue. As a landlord, you are not legally responsible for the noise problems created by the tenants. After all, you are not the one who has created the nuisance.
However, if the neighbours tried communicating with the tenants and the issue persists, you should communicate with your tenants directly. It is suggested to take an empathetic approach initially to understand the situation and try to reach a solution, so disagreement and conflict can be avoided.
If the tenants refuse to cooperate and the noise issue continues, try sending your tenants a copy of the tenancy agreement you have signed and highlight the noise clause. Breaching a clause can potentially lead to eviction.
When is the Landlord Liable for Private Nuisance?
The landlord is not usually responsible for private nuisance if the tenant has created the noise. However, the landlord could be liable if the landlord has participated directly in the nuisance or authorised the tenants to cause noise issues.
In certain circumstances, there are potential lawful provisions as a result of which a landlord who fails to take action could be liable.
It is in the best interests of the landlord, neighbours and the local community to take every possible step to solve any noise problems created by tenants – whether the landlords could be held personally liable or not.
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