UK Landlord Forum / Life

Hi

I have a Victorian conversion in the Midlands on a long lease which is rented through agents, on a short-term tenancy.

Recently, the neighbour complained to me about the noise my tenant is making. He cited: singing, slamming doors, hoovers and children. He is now threatening to complain to the freeholder of both our properties, saying I am breaking the provisions of the head lease.

Now I've looked at the law, and as far as I can work out, the law does not consider the issues mentioned (doors, hoovers etc) to constitute a legal nuisance, especially not in a Victorian property where noise travels. So I don't think I have any leverage and besides asking the tenant nicely, I don't see what more I can do.

Then I realise that as well as "nuisance" both the head lease and the rental agreement prohibit "disturbance" and "annoyance". Do perhaps these other terms have any legal definition or meaning? 

• Is the test for disturbance or annoyance perhaps lower than the legal test for nuisance?

• Is there any leverage I have over the tenant?

• Is there any complaint the freeholder can make against me?

Would be most grateful for any advice.

My Rigsby

PS Riptide's sticky: *** NEW MEMBERS PLEASE READ *** has been read and noted.

Hi,

Not sure where you stand regarding the legalities, but it doesn't appear that your tenant is causing a nuisance outside of what would be considered "normal living".  It is a good thing he is hoovering (unless at silly times ie 3am).

I'd be inclined to take the view that the neighbour is being rather sensitive. 

I would inform the neighbour that I'd spoken with the tenant, however considering the style of property, noise will travel.  The neighbour may well be being heard by other occupants...

I'd ask the tenant to ensure that they are courteous to their neighbours and ensure noise is not excessive.

Then see how they go from there...

Just my opinion, assuming you haven't already tried that approach.

Quote from: firefly2184 on May 05, 2014, 09:57:07 AM

I would inform the neighbour that I'd spoken with the tenant, however considering the style of property, noise will travel.  The neighbour may well be being heard by other occupants...

I'd ask the tenant to ensure that they are courteous to their neighbours and ensure noise is not excessive.

Thanks. Yes indeed, we've just written a second time to the tenant and informed the neighbour of action taken, but the whole thing is turning sour, with the neighbour and the tenant arguing several times. So I'm worried a complaint to the freeholder is going to be the neighbour's next step. 

The thing for me is what are the timings of these noises, if it's during the day, it's fine, past midnight not.

We lived in a Georgian Terrace in Plymouth and had chickens and a cockerel, someone complained to  the environmental health & they came around, basically said the guy who complained was an arse hole and moved on, vindicated I could then get rid of the cockerel, it was bloody noisy!

In other words don't sweat it.

Quote from: boboff on May 06, 2014, 06:32:27 AM
...vindicated I could then get rid of the cockerel, it was bloody noisy!

Quote from: boboff on May 06, 2014, 06:32:27 AM
In other words don't sweat it.

Thanks, I'll try not to.