Question 1

Noise Nuisance

Accepted Answer

Q: We have an issue between two of our residents. I realise it's not your place to intervene directly in such matters, but if you could advise as to a possible course of action beyond the two I mention, I'd be grateful. The complaint is to do with persistent excessive noise - banging, chairs scraping etc at an unreasonably early hour - around 6:30 am. My advice is to notify the local authority who may monitor noise levels and should intimidation occur, inform the police. If there are other measures that might be considered maybe you could advise; and again I apologise for contacting you on what essentially remains a matter between the two residents. FPRA Chairman Bob Smytherman replies: I deal with these matters for the FPRA from a practical point of view not a legal one. I think your advice is both reasonable and practical as the Local Authority have powers under the Environmental Protection Act to deal with 'noise nuisance' the complainant will be required to carry out a monitoring log of noise to accumulate evidence for the Council but if this is loud and persistent with evidence the Council can and should take enforcement action. In addition, the police and local authority have powers under the Anti-Social Behaviour Act. Again, this will require recording to get enough evidence to enforce which ultimately could result in Anti-Social Behaviour Order served on the offender. In addition your lease may have some specific clauses relating to noise. This can be more problematic and costly but can be a useful tool and it may be the threat of action in a solicitor’s letter, coupled with action from the authorities, will be enough to see a change in behaviour. From personal experience, frank and honest open communication between all parties tends to be more successful than the heavy hand of the law.

Question 2

Noise Nuisance

Accepted Answer

Q: We have an issue between two of our residents. I realise it's not your place to intervene directly in such matters, but if you could advise as to a possible course of action beyond the two I mention, I'd be grateful. The complaint is to do with persistent excessive noise - banging, chairs scraping etc at an unreasonably early hour - around 6:30 am. My advice is to notify the local authority who may monitor noise levels and should intimidation occur, inform the police. If there are other measures that might be considered maybe you could advise; and again I apologise for contacting you on what essentially remains a matter between the two residents. FPRA Chairman Bob Smytherman replies: I deal with these matters for the FPRA from a practical point of view not a legal one. I think your advice is both reasonable and practical as the Local Authority have powers under the Environmental Protection Act to deal with 'noise nuisance' the complainant will be required to carry out a monitoring log of noise to accumulate evidence for the Council but if this is loud and persistent with evidence the Council can and should take enforcement action. In addition, the police and local authority have powers under the Anti-Social Behaviour Act. Again, this will require recording to get enough evidence to enforce which ultimately could result in Anti-Social Behaviour Order served on the offender. In addition your lease may have some specific clauses relating to noise. This can be more problematic and costly but can be a useful tool and it may be the threat of action in a solicitor’s letter, coupled with action from the authorities, will be enough to see a change in behaviour. From personal experience, frank and honest open communication between all parties tends to be more successful than the heavy hand of the law.

Noise Nuisance

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