Dealing with Nuisance

Noise can often be very subjective due to a clash of lifestyles.  The issue with communal living is that people often adopt a different standard for themselves than their neighbours. If people want to carry out building works, hold a party, keep a pet dog, install wooden flooring, “improve” the common parts by installing their own effects etc, they often hold a very relaxed view as to what is acceptable.  This view narrows considerably when their neighbours may be doing likewise.

In most blocks of flats the manager will already have formulated a set of guidelines for residents based on the terms of the lease but expanding on these where necessary, for instance working hours for builders.  Most leases contain the ability for the landlord or Management Company to make additional regulations.  Thereafter it is a case of enforcement.

Pro-active agents will try to make sure that residents and any site staff are fully briefed on ‘house rules’ and any breach of these is best dealt with by prompt direct contact with the owner of the flat.  If the breach is brought to our attention by a neighbour continuing communication with that neighbour is useful in monitoring the success of contact with the ’offender’.

Solving Persistent Problems

If the diplomatic approach fails and the nuisance is persistent then there are a number of options available for leaseholders and managers.  Firstly the Local Authority can be involved in cases of noise nuisance, unauthorised building works, building works at night or weekends and potential planning breaches.  This is often the quickest and most direct route to the heart of the problem.  Most Authorities have “noisy party” patrols or other 24 hour assistance to respond to the worst cases.

The landlord or management company can take action for breach of covenant.  This will require the complainant to provide the evidence of breach to the court or tribunal. This process can be lengthy and the nuisance can persist during this time without relief being provided for the complainant.  The involvement of the manager in handling a nuisance complaint can sometimes antagonise the noisy neighbour and exacerbate the situation.  

Mediation in resolving disputes is always preferable to court action.  There are a number of schemes provided by Local Authorities and private organisations.  Where the property manager is unable to resolve a situation directly, mediation can be proposed as an alternative to legal action.  If all else fails then the manager can only seek to legally enforce the terms of the lease.

One of the most frequent complaints in my experience is regarding building works.  We have ordered builders off site and involved Local Authorities when a direct approach fails, and commenced legal proceedings for breach of covenant.  As building works are limited time wise any delays cost the leaseholder money and matters rarely end up in court.  Reinstatement of work has been ordered on one occasion and carpets had to be put down in others in compliance with the lease terms, where the lease insists on this and adequate provision for sound proofing has not been made. Proper licensing of alterations and pro

Criminal behaviour – Criminal behaviour such as drug use and prostitution is unlikely to be endorsed by the leaseholder, publicly at least, and prompt action for breach should resolve this problem quickly.  The use of enquiry agents can assist in providing the evidence.  However without evident problems of anti-social behaviour this is difficult to deal with and the police should be involved if possible.

Pets – pet owners can be quite unreasonable when it comes to controlling the behaviour of their animals.  We have instituted legal action for breach of covenant in the recent past, however, the dog, owned by a sub-tenant, remained for the full term of the one year tenancy, before the case came to court.   Another leaseholder moved out when told they would not be granted permission.