Noise issues in blocks of flats are very common due to the fact that people live in close proximity to each other.

Often the original design of the building before conversion to flats was not undertaken in such a way to avoid noise promulgating throughout the building and through floors and ceilings.

Managing Agents spend a lot of their time dealing with noise issues, it is one of the top three subjects we get contacted about.

Most leases have covenants requiring that leaseholders (flat owners) do not cause a nuisance and allowing for the “quiet enjoyment” of all flat owners of their flats. Some leases also allow for leaseholder regulations either within the lease document itself as a schedule, or to be published by the Freeholder or Managing Agent as a separate standalone document.

However, it is accepted during the daytime that normal living happens, and people do create noise and need to be able to undertake daily living tasks and activities such as using their washing machines, vacuum cleaners, televisions, radios and playing music etc. Noise is also created by people moving around the common areas of blocks, or within their flats with footsteps and opening and closing doors often heard as well as people talking and children playing during these times. This is all part of normal living.

Leases usually require carpet and thick underlay to be on the floors of all rooms in flats other than bathroom and kitchen specifically for the purpose of stopping noise travelling (as far as possible). If leaseholders do not have such floor coverings they are likely to be in contravention of their lease.

But at night, often defined after 10 or 11pm at night and up to 6 or 7am in the morning, block users and flat occupants should not make noise in common areas, not slam doors, or play musical instruments or have radio/TVs playing loud so as to disturb other people in the flats. This is usually clearly defined within leases, and so to make such noise at these times is also a contravention of the lease.

These requirements extend to all flats and flat owners and any other persons occupying ,or coming to the flats (visitors, family) and covers short term tenancies, holiday lets and Airbnb etc. It is however the flat owner/leaseholder who is responsible for compliance with the lease, and ensuring others that use their flat also comply.

Freeholders and Managing Agents are not policeman, so we don’t have any specific powers in this respect of noise, and cant levy fines or other penalties on those who contravene these lease provisions. Often the best we can do is send a strongly worded letter seeking compliance with lease covenants and asking for everyone to act reasonably so all can have the “Quiet Enjoyment” of their flats. However in extreme ongoing situations we can revert to the matter as a contravention of the lease and can take action (see below).

How Should Flat Owner Deal with Noise Nuisance

Once it is established that you have an ongoing noise nuisance issue, we would suggest that:

1. You write to the flat owner where the noise is coming from, letting them know there is an issue, what the issue is and explaining how it is affecting you. A template letter that you can edit to make it appropriate to your situation can be downloaded by CLICKING HERE
2. You keep a log file of occurrences, recording date and time of issues, what the issue was and how it affected you. This is the information that will be required if formal action is to be taken by anyone at any stage. You can download a log sheet for recording this information by CLICKING HERE

Once you have done these and gathered evidence over a period of time. We would suggest 4 weeks (absolute minimum of 2 weeks) you have the following three options to take the matter further.

1. Contact the Freeholder/Managing Agent

Where situations breakdown to such a level and are ongoing over a period of time and where there is repeated breach of lease covenants, or regulations such that action is needed, you can contact the Freeholder/Managing Agent.

Managing Agents/Freeholders have two ways to address the matter:

• To write to the flat owner/leaseholder bringing to their attention the breach of the lease/covenants/regulations and indicating what action may be taken if the situation continues.
• Start the process to terminate the lease of the leaseholder for breach of lease conditions. This is called forfeiture. The process starts with the serving of a section 146 notice.

Forfeiture is a lengthy and very expensive process and is unlikely to be successful for a noise issue alone. Cost of forfeiture is born by the Management Company but of course is actually paid for by all leaseholders as that is how the Management Company is funded. The forfeiture process can take several years and will be very expensive for both sides involved.

2. Contact the Local Authority Environmental Health Department

Local Authority Environmental Health Officers (EHOs) have powers under The Environmental Protection Act 1990 for dealing with noise complaints that could be a “statutory nuisance” and can take formal enforcement action. This may result in an abatement notice being served on the creator of the noise, or can result in court action. If court action is necessary, you may be required to attend court and give evidence.

Once reported, the local authority will investigate the matter and take it further if the noise levels exceed 34dBA and is considered a “statutory nuisance”.  More information on statutory nuisance can be found on this government website https://www.gov.uk/guidance/noise-nuisances-how-councils-deal-with-complaints

For the noise to count as a statutory nuisance it must do one of the following:

• Unreasonably and substantially interfere with the use or enjoyment of a home or other premises
• Injure health or be likely to injure health

To read more about this route and to Contact Dorset Councils Environmental Health Department about a noise issue https://www.dorsetcouncil.gov.uk/w/noise-nuisance .

If your flat is not in Dorset, please click on https://www.gov.uk/report-noise-pollution-to-council to find details of your local authority environmental health department.

3. Contact Your Solicitor and Ask Them to Take Action

The tenant facing the issue can contact their solicitor for advice. Their solicitor may do the following:

• Send a solicitor’s letter saying that the there is a breach of the covenants in the lease, pointing out what the breach is, the effect on the leaseholder and what action may be taken should the breach of covenant continue.
• Take legal action against the other tenant for breach of covenants, if the situation is not remedied. This may be seeking an injunction to stop a breach of the covenant and also action claiming damages for any affect the breach has caused may also be considered.

The leaseholder will need to meet the cost of engaging a solicitor and the cost of what they undertake on their behalf.

The Best Approach

In most cases we would recommend following the process below:

1. Download a Log Sheet and keep a record on the sheet of all instances of nuisance noise. CLICK HERE
2. Download a letter template, tailor it to meet your situation and send it to the owner of the property from where the noise is generated. CLICK HERE
3. If after 4 weeks the noise continues send a copy of the completed noise log form to your Freeholder/Managing Agent for them to consider if they can assist
4. If the intervention of the Manging Agent/Freeholder is unsuccessful, or they suggest it, contact your local authority Environmental Health department
5. As a last result if all else fails contact your solicitor.

Independent advice can also be sought from:

• Citizens Advice  www.citizensadvice.org.uk
• Leasehold Advisory Service  www.lease-advice.org

Gary Hepburn

Managing Agent

Sirius Property Services Ltd

December 2024