Are Landlords Responsible For Their Noisy Tenants?

Most commonly, tenants complain of noise in house-sharing situations (e.g. HMOs) when their housemates are being disruptive. Essentially, it’s tenant-on-tenant beef! Another common scenario is when neighbours are being disturbed by tenants’, particularly when they have thin sharing walls. But really, it doesn’t matter what the scenario is, noise is noise, and too much of it is annoying for everyone but the donkey causing it!

What Counts as Loud Noise?

Obviously we’re talking about noise that’s too loud, to the point of disruption.

Noise can be, well, anything! From stomping around to shouting, dogs barking and more. When it comes to noisy tenants, though, the noise in question is usually stemmed from one or more of the following:

• Loud music or TV
• Noise from parties including shouting, voices, music, stomping around and more
• Dogs barking excessively
• Children who scream and shout excessively
• Loud noise from appliances, equipment, tools, engines, and other such machines

What the Law Says About Noise Complaints

This is the good news, whether you’re a landlord, tenant, or anyone else suffering from noise disturbance.

When it comes to excessive noise the law is on your side! Well, presuming you’re on the side being attacked by it (and not the asshole dishing it out).

The law stipulates that noise is a statutory nuisance if it “unreasonably and substantially interfere with the use or enjoyment of a home or other premises”

Under the Environmental Protection Act 1990, multiple pieces of legislation protects us from being disturbed by excessive noise that interferes with our quality of life, including:

• Noise and Statutory Nuisance Act 1993
• Noise Act 1996

Please note, the legislation states that noise must be “excessive enough” to cause a nuisance. So bear in mind, stepping too heavily in an upper-storey flat probably won’t count. Dropping bowling balls, however…

Are Landlords Responsible for Noisy Tenants?

In short, no.

Noisy tenants are not a landlord’s responsibility unless you directly contribute to the noise issues. For example, if you’re throwing raucous parties at your tenant’s home. Ultimately, you can’t control what tenants do – so legally, it’s not your problem.

While that may seem like good news, obviously it doesn’t fix the problem, because your tenant is still being a leery little shit and needs to be contained. There’s still an issue which needs to be resolved ASAP.

How to Deal With Noisy Tenants – Your Options

While it’s not necessarily the landlord’s responsibility to take care of noise issues, noisy tenants can drive away neighbours, cause fellow tenants to vacate (in house sharing situations), make your property undesirable, and generally cause headaches.

If someone has complained to you about your noisy tenants, whether it be a fellow tenant or neighbour, there are a few steps you can take:

• Encourage the house mates/neighbours to resolve the issue
  Since most landlords are usually made aware of their noisy tenants by house mates or neighbours, it’s best to encourage them to try and resolve matters with your tenant directly, particularly because you are not legally responsible.

  However, bear in in mind that, understandably, neighbours are often intimidated and don’t want to cause confrontation by approaching the tenant directly, so this option might be a non-starter.

• Talk to your noisy tenants’ directly
  Reach out to your tenant and try to work things out. Many times, a tenant may not even realise their neighbours are complaining about noise. Make it clear that excessive noise is not acceptable, but try to be non-confrontational.

  If this approach doesn’t work, it might be worth checking your tenancy agreement for a “noise” clause (most tenancy agreements will have one). If there is one, highlight the clause and the potential repercussions of breaching the clause (possible eviction).

  If they persist in putting “excessive noise” out into the world and continue causing havoc, it might be time to gather some evidence in order to escalate the situation; enlist the neighbour’s help to document the noise (e.g. dates, times, cause of noise, recordings etc).

• Contact your local Environmental Health Department
  It is always encouraged for complainants to try and resolve noise issues directly with the person(s) responsible, but if that fails (which it often does), the next step is to lodge a complaint with the Environmental Health Department in your Local Authority.

  By law, the local authorities have a duty to deal with “statutory nuisance” (e.g. noise, anti-social behaviour). It’s worth noting that they are obliged to keep your/your neighbour’s identity confidential, which is nice!

  The GOV website makes it easy to report a noise nuisance with your local EHD.

• Evicting Noisy Tenants
  If you have reached the tipping point where your tenants are no longer willing to cooperate, and the noise issues persist, it may be necessary to begin the eviction process. This can be done before, after, or alongside making a complaint to the Environmental Health Department.

  While this is rarely an ideal outcome, in some cases it becomes the only practical option. Some tenants are simply unwilling to change their behaviour, or willingly put a muzzle on, regardless of attempts at reasonable communication.

  You may consider serving a Section 8 notice, potentially relying on the following grounds:

  • Ground 12 – Breach of Tenancy
  • Ground 14 – Anti-Social Behaviour

  For the strongest possible case, ensure you have clear evidence to support your claim, as tenants may dispute the allegations, which can lead to contested proceedings.

  In some situations, it may be sensible to wait for a report from Environmental Health before serving notice, as their findings can strengthen your position if they confirm the noise disturbance.

  Also, it’s definitely worth bearing in mind (I probably should have mentioned this before!) that if you do require legal advice with problem tenants and/or evictions, you can access free landlord advice (no obligations) from our partner Legalforlandlords, one of the UK’s most popular and best rated landlord legal services.

How to Prevent Noisy Tenants in the Future

If you are currently dealing with noisy tenants, prevention is probably the last thing on your mind — but it is still worth reflecting on what can be improved to reduce the risk in future tenancies.

Here are a few practical ways to help avoid noisy tenants:

• Thorough Tenant Referencing
  It goes without saying that all prospective tenants should be thoroughly referenced, as this is one of the most effective ways to avoid problematic tenants in general. While credit checks alone will not identify a noisy tenant, strong references from previous landlords can provide valuable insight into behaviour.
• Include a Clear Noise Clause in the Tenancy Agreement
  As mentioned earlier, most well-drafted tenancy agreements include clauses relating to noise (for example, “quiet hours” between 11pm and 7am). This makes it significantly easier to manage disputes and can also provide clear grounds for breach of tenancy. If a tenant repeatedly violates these terms, it may support enforcement action, including serving notice for breach of contract.

  All the tenancy agreements available from my website have the following clause:

  7.5 The Tenant shall not allow any noise to be heard outside the Property so as to be a nuisance to any person and shall not play loud music or play a television, radio or other such instrument between the hours of 11pm and 7am at a volume which will cause a nuisance to any other person.

• Assess Tenant Risk Factors (Without Discrimination)
  It is important to be careful with this point, as it can easily be misunderstood or misapplied.

  Different tenants naturally have different lifestyles, and some may be more likely to generate noise than others. For example, households with large dogs or younger occupants may, on average, present a higher likelihood of noise compared to quieter living arrangements, which may not be suitable in certain properties – for example, a flat in a residential block.

  This is not about blanket assumptions or excluding particular groups of tenants – which should never be done – but rather about being realistic when assessing overall risk and suitability. Property letting is, to some extent, about managing probabilities and making informed decisions that reduce avoidable issues.

Right. That’s it, that’s all I’ve got to say on the issue, what do ya’ think? Hope it’s been helpful.

If you’re currently ripping your hair out because of irritatingly loud tenants, I’m with you! I feel your pain, and I wish you the best of luck! If it’s any consolation (which it won’t be), remember that it’s not your legal responsibility to pipe your tenant down (*cough* but you should probably help nip the problem in the butt).

P.s. Remember, if you do need legal advice with problem tenants and/or evictions, you can contact our partner Legalforlandlords.