Noise, nuisance and visitors

Noise nuisance

Noise nuisance is a particularly difficult problem. If your neighbours are always making a lot of noise, you have certain legal rights to stop the noise. If possible you should first talk over the problem with the people who are making the noise, but, if things do not get any better, you can take the following steps as well as contacting us. 

1. Make a complaint to the environmental health department at your local authority. If the environmental health officer is satisfied that there is a noise nuisance, he or she may serve a ‘notice’ on the person who is making the noise to stop or reduce the noise nuisance within a certain time. If the neighbours do not do so, the local authority may take action in the magistrates’ court. The court can fine people who are convicted of noise offences.
2.  You can take action yourself under section 59 of the Control of Pollution Act 1974. To do this, you must contact the clerk of the local magistrates’ court. The magistrate will hear your complaint and, if he or she is sure that there is a noise nuisance, the court can order it to be stopped.
3.  You can also take action yourself by asking the local county court for an injunction and damages if you can prove that the nuisance has affected your health, comfort or convenience. You should get advice from a law centre, citizen’s advice bureau (CAB) or private solicitor before you do this. Please make sure that you know how much it will cost to use a solicitor.
4. You can also contact us and we will investigate your complaint and take action, if appropriate. We will consider proceedings under the terms of the tenancy agreement if the nuisance is persistent and affects other tenants. Please remember the following points:

•  Consider your neighbours if you are thinking of having a party. Let them know when your party will end and respond to any comments they may have. Please remember that the noise may be a nuisance that could lead to us taking action as you will have broken the terms of your tenancy.
•  Remember that loud noises such as heavy footsteps, moving furniture and so on may be heard in the houses around you, especially if you do not have carpets. Always remember to keep noise to a minimum. Do not carry out any decorating or improvement work in your home before 8am or after 8pm and if you have to carry out work, say at the weekends, do it at a considerate time of the day. Be kind and let your neighbours know, and tell them when it will end.

Nuisance

We cannot promise to always sort out disagreements between neighbours. In fact, most disagreements are sorted out by people talking over the problem between themselves and showing consideration for each other. In serious cases, we will consider legal action against tenants who cause nuisance. Before we agree to take legal action, you will have to keep a record of any incidents.  You should also be prepared to go to court to give evidence. A court order could mean that your neighbours will lose their home.  We have a nuisance strategy and an antisocial behaviour policy which gives details of how we will deal with cases of nuisance and antisocial behaviour. Please contact our Help Desk on 03333 21 30 30 for a copy, or you can e-mail enquiries@cds.coop 

 Clearly, we prefer to settle cases in a more friendly way through mutual agreement.  We will, however, take legal action if necessary to sort out a problem of persistent nuisance.

Friends and visitors

You are responsible for making sure that everyone who lives in or visits your home takes care of your property and the estate. If any damage is caused, you may have to pay the cost of any repair. It is a criminal offence to deliberately damage our property. You are also responsible for making sure that members of your household or visitors do not cause a nuisance or harass your neighbours.