Noise nuisances: how councils deal with complaints
Guidance: avoiding misunderstanding/conflict
LEASE
Why is it so stressfull? I only want to play my music a bit louder…
It is incredibly stressful when music invades your home from neighbours who don’t appear to be aware or sensitive to such incroachment. If asking to reduce seems like an intrusion and controlling mechanism try to take a look at it from all sides.
It’s not often?
This argument goes both ways… if it’s not that often then it’s easy to find a solution. Make suggestions.
Move to the middle of nowhere
A pretty unhelpful position. Again this cuts both ways and causes conflict.
During Study time/home working
It is important to have quiet in order to concentrate.
Illness
In illness quite is important for good healthy recovery.
Day to day relaxation
Neighbour noise/loud music is a stressor to most and relaxer to others! That’s why it’s so difficult.
At home within the terms and conditions of your lease and block regulations requires that all consider this right to ‘Quiet enjoyment’ in the best possible way.
There is in no part of the lease any statement upholding the nuisance of noise making by music for example. The lease states ‘Quiet enjoyment’ should be enjoyed by all leaseholders.
Articles: Defining Sound
https://www.soundproofcow.com/how-to-reduce-noise-from-upstairs-neighbors/
Defining Sound
Sounds are vibrations that travel in waves through a medium — like solids, water and gases. This vibration ripples through the air around you, similar to the ripples you’d see when you drop a rock into water.
When you hear your upstairs neighbors, the sound waves they create are traveling through their floorboards.
These sound waves echo in the hollow space between their floor and your ceiling and in any connecting pipes.
It then “leaks” into your apartment.
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Organising out time/time out
If going out it is possible to notify so that music could be turned beyond 32 decibles as long as it does not cause offence externally.
Onus on ‘noise producing’ neighbour: Above 34DB
When turning music on: are you turning it above acceptable level? Is this setting louder?
If so requested to turn down music is likely and reasonable.
If neighbour is in and volume rises above 34DB it is not unreasonable - be oblidging so that conflict and stress is avoided.
Above 34DB - It is not an unfair or unreasonable request.
All discussions should be made privately in order to respect the rights of privacy of teach party.
Accept invitation to come into property to hear for yourself the noise impact.
It is unreasonable to knowingly lift volume of music above 34db.
Onus is on producer - it is not the fault of complainant if the level exceeds 34db.
Forcing another neighbour to complain is conflict inducing and an unreasonable expectation.
Continually disregarding the lease and agreed terms of the lease or block by-laws is a breach of lease and persuant by law and court action at the cost of the producer.
Reasonable request to turn down volume.
The principle here is that it should not be necessary to request turn down and that is essentiall an avoidable and stressful interraction/request:
Levels have exceded 34db limit without notice
Stress has already been caused
Responsibility has been offloaded to receptor/complainant neighbour
Noise producer/neighbour might refuse
Noise producer/neighbour might become defensive and/or refuse
Noise producer may accuse, argue and demand justification
Conflict may arise
NOISE REDUCTION REQUEST
As first request the Freeholders will ask for meeting to resolve.
There will be a suggestion made of installing a layer of Noise Reduction underlay (LINK) at the cost of the sound producing party.
Such measure will help insulate but should not be seen as a green light to increasing volumes.
Records are kept if noise continues and will then be submitted to Council for legal action and legal team as breach of lease.
Noise nuisances: how councils deal with complaints
https://www.gov.uk/guidance/noise-nuisances-how-councils-deal-with-complaints
Noise from dwellings
If the noise comes from a dwelling the notice must say that the person responsible may be guilty of an offence if noise exceeding permitted levels is made in the period specified.
Noise from other premises
If the noise comes from other premises (not a dwelling), the notice must say that the person responsible for the premises may be guilty of an offence if noise exceeding permitted levels is made in the period specified.
If noise isn’t reduced
If the council thinks the noise still exceeds the permitted level after the specified period and wants to prosecute, they must measure the noise level from within the dwelling of the person who’s complained.
Permitted noise levels
The permitted noise level using A-weighted decibels (the unit environmental noise is usually measured in) is:
34 dBA (decibels adjusted) if the underlying level of noise is no more than 24 dBA
10 dBA above the underlying level of noise if this is more than 24 dBA
Penalties for not complying with a warning notice
If someone doesn’t comply with a warning notice without a reasonable excuse, councils can:
give a fixed penalty notice (FPN) giving them the chance to pay a fine (up to £110 for dwellings and £500 for licensed premises) within 14 days, instead of being prosecuted
prosecute them if they don’t issue an FPN or if the person responsible doesn’t pay the fine on time (if convicted they can get a fine of up to £1,000 for dwellings and an unlimited amount for licensed premises)
remove noise-making equipment like loudspeakers
Berry Housing Services.
Freehold Management at The Gables
www.gableshouse.org
Firstly welcome to the Gables and hope you are settled in ok.
This is a general note sent out to all tenants/occupants of the house.
Our personal and gables philosophy is to be good neighbours and supportive. Peaceful but strong.
If people want to drop by and chat our door is No 6.
Garden party!
The garden is blooming! It’s not Kew but it was a dump 2 years ago, so we are really excited about its transformation. If you like fresh herbs we have a great herb garden growing, and feel welcome to indulge in a bit of mindful gardening if you enjoy.
Quiet, Caring Cabin life
It’s a shared house despite walls and door numbers, and to mention things that crop up, should not be feared or invoke argumentative or negative responses a result. We’re here to help each other and build rapport.
NICK: How I considered my neighbour folks..
Cooking aromas, Tip-toe steps, Music etc.
‘’If anyone asks me to be more considerate or make changes, I immediately listen and remain open and helpful’’.
Cooking: One neighbour (previously) said they could smell my Italian cooking habits, so I checked the extractor pipe and found it had a hole in it which was causing the problem… Tip: fixed it straight away.
My music amplifier is a pro guitar amp and can fill Wembley!!… that had to stay off or low only when neighbours are away. It’s powerful!! Tip: Check your bass settings switch off Sub Woofers or replace.
Quiet stepping Tip: front-of-foot landing/stepping (not heels) and it saved my mum a lot of stress as a kid.
Washing Machine.
Also a couple of tips: we use the night-time +short spin wash cycle to help minimise vibrations to flats adjacent and below.
Nick. Gables Freehold.
Quora: Jakk Jakk
Consideration for others, probably self-awareness or lack thereof.
Mostly having little animals with my mother growing up… I stepped on my small dogs tail pretty often, learned to keep my feet low to the ground, but I always walked pretty softly whether it was to reduce sound or to be more sure footed.
https://www.quora.com/Why-do-some-people-stomp-when-they-walk
Discussions rather than Disputes
When pals get home let’s face it, we hate being told what to do, even when we are being asked politely!
Most disputes are avoidable though when things are explained and shared calmly and sensitively. Seeing it from the other side really helps.
Leases regulations: It is important to read all tenancy or leaseholder contracts and agreements and be familiar with and understand all points. As freeholders we will only respond be referring to the lease and any other Freeholder legal requirements – this focuses any issue in a practical/non-emotional way.
Disputes tend to escalate when people feel emotionally attacked or criticised.
There have been some outbursts at times which were unnecessary and unacceptable.
Best to all,
Nick Garrett.
Gables Freehold
Context & Extract of Lease
Guide to Quiet Enjoyment: avoiding misunderstanding/conflict
LEASE
Introduction
This page intends to clarify from all sides fairly and show solutions in order to avoid conflict and as far as possible any procedural processes.
Freeholder management.
Get details about the problem
Find out what your neighbour is unhappy about and what they want you to do. Get as much information as possible, for example the dates and times of the problem and how it affects them.
If the complaint came through someone else, for example your landlord, ask them for details of what your neighbour’s unhappy about.
If your neighbour complained directly to you, you can speak to them in person or write a note - it depends what you feel comfortable with. If you speak to them in person, think about what you’re going to say first.
You can take a friend with you for support.
Check if your neighbour’s complaint is valid
Sometimes it’s obvious your neighbour is wrong, for example they say you’re making noise but it’s coming from a different house.
If you’re not sure whether their complaint is valid, there are ways you can check.
If you don’t think your neighbour’s complaint is valid
Explain to your neighbour that you disagree with their complaint and say why. If they reported you to someone else, make sure they know you’re not responsible. It’s a good idea to keep a record of what you say and how they reply.
If your neighbour doesn’t believe you, try to get proof. You could take a photo of where you park your car, for example, if they think you’re parking in their space but you’re not.
If you want to keep a good relationship with your neighbour you can try to reach a compromise.
If you need to change what you’re doing
If your neighbour complained directly to you, tell them what you’ll do differently. You can write a note if you don’t feel comfortable speaking to them. It’s a good idea to keep a record of what you said and how they replied.
If they reported you to someone else, for example the council, tell them what you’ll do differently. Ask if they’ll let your neighbour know or if you need to do this yourself.
Ask a mediator for help
You can ask a mediator for help if you want to put things right but you can’t agree how. A mediator is someone who doesn’t know either of you and who’s trained to help people resolve disagreements.
It’s a good idea to ask your council if they can help you find a mediator - they might help even if you’re not a council tenant.
You can find your council on GOV.UK.
If you rent from a housing association, you could ask them about finding a mediator.
If you still need help, you can look for a mediator on GOV.UK.
You might have to pay for a mediator.
LEASE TERMS & OBLIGATIONS
14. Not to sing or dance or play any musical instrument or equipment for making or reproducing sound or to act in such a manner so as to be audible outside the Property as to cause annoyance to the Flat Tenants or any other occupiers of the Building
25. To observe and perform the Tenant Covenants contained in:
25.1 paragraph 10 of Schedule 4; and
25.2 paragraph 15 of Schedule 4.
26. To comply with all variations of these Regulations and all other reasonable and proper regulations made by the Landlord or its agents from time to time in accordance with the principles of good estate management and notified to the Tenant that relate to:
26.1 the use of the Retained Parts;
26.2 The management of the Building and the welfare of its occupants.