How to manage tenant noise as a landlord

Even if you have thoroughly vetted your tenants, there’s no guarantee that they won’t cause excessive noise in the property. This could lead to neighbours, or even the local authority, taking action.

When you’re not the one making noise, is a noisy tenant still a landlord’s responsibility? Well, the short answer is ‘no’, but there are preventative measures that a landlord can take to decrease the likelihood of tenant noise in the first place.

Common types of tenant noise

Before we get into how to manage tenant noise as a landlord, let’s explain the common sources of tenant noise that you might encounter as a landlord:

• Loud music
• Televisions
• Parties
• Voices and shouting
• Children
• Barking dogs
• Construction
• DIY equipment, tools and engines.

It’s also important to remember that noise levels are subjective. Tolerance can vary between tenants and some may be more sensitive than others.

Noise rules for tenants

Noise complaints can be common in rental properties – particularly in apartment buildings, blocks of flats or terraced houses where tenants are living in close quarters. A landlord can often become involved in conflict around noise because they have a legal obligation to address noise complaints.

There is no legal level above which noise becomes a statutory nuisance, but it must be considered ‘unreasonable’. Under the Environmental Protection Act 1990, the Noise and Statutory Nuisance Act 1993 and the Noise Act 1996, we all have the right to be protected from excessive noise that interferes with our quality of life and becomes a nuisance.

If the noise is classified as a statutory nuisance, local environmental health officers have the authority to intervene by issuing noise abatement orders. If necessary, the local authority can escalate the matter to court. They may also impose fines of up to £5,000. In severe cases where an individual becomes aggressive or violent, the police may become involved, as it would then be considered antisocial behaviour.

Landlord’s responsibility for noisy tenants

Obviously, a landlord cannot be held responsible for the actions of another human being. Therefore, a landlord is generally not responsible for private nuisance caused by a tenant or occupier. However, the landlord may be liable if they have been an active or direct participant in the nuisance or if they have authorised the tenants to cause the nuisance. You may also be liable if, when renting out your property, you were aware that the nuisance was inevitable or almost certainly going to occur.

If you don’t do anything to stop the nuisance or if you attempt to and fail, you will not be liable under the common law of private nuisance. Nonetheless, it is in the best interests of the landlord, neighbours and the wider community to take every step possible to resolve the issue of tenant noise – whether or not you could be held personally liable.

How to prevent tenant noise as a landlord

One of the very first and best things you can do to protect against noisy tenants is to include a clause in your tenancy agreements outlining that the tenant must agree not to make unnecessary noise or nuisance that could cause stress to neighbouring residents. There are various other pieces of advice that you may give to your tenants. This could include monitoring the sound being emitted from radios and televisions throughout the day, avoid placing sound-emitting appliances next to shared walls and limit noise at inconvenient hours.

Having a clause in your tenancy agreement means that you’ll always have this to fall back on should issues arise. Make sure that you also explain within your tenancy agreement the consequences of excessive noise – warnings, fines, or even eviction in extreme cases.

It’s also a good idea to advise your tenants on how to avoid causing tenant noise. You could present these in a set of written guidelines. For instance, ask them to be mindful of sound emitting from radios and televisions throughout the day. Limit noise at unsociable hours and ask them to avoid placing such appliances next to shared walls.

Additionally, you could take measures to soundproof your rental property. This could include installing carpets to help absorb sound, double-glazed windows and maybe even soundproofing walls if tenant noise has the potential to be a real issue.

What to do in the event of a tenant noise complaint

If, after taking the steps above, you’re still getting complaints from neighbours about noisy tenants, it’s best to suggest they address the issue directly with the tenant. Encourage them to keep a record of when the noise occurs, noting dates and times. They could even use audio recordings to back up their case.

Once they’ve gathered some evidence, it can be passed on to the local council’s environmental health department. The council is legally obligated to investigate noise complaints deemed a ‘statutory nuisance’ and will keep both your and the neighbour’s identities confidential.

If the council confirms the noise is excessive and the tenant refuses to make changes, you could use this as grounds to end the tenancy.

You may also want to communicate with your tenant about the problem yourself. Take an understanding and empathetic approach. Try and help them arrive at a solution and remind them of any noise clauses in your tenancy agreement.

Unfortunately, there are circumstances in which these initial steps may not make a difference. In these cases, your responsibilities as a landlord will change as the seriousness of any noise complaint escalates. What may have begun as a word with the tenant in response to a one-off complaint may have to morph into action to evict the tenant from the property.

You can’t protect your tenants or your tenants neighbours from noise or nuisance complaints. You can, however, protect your property with landlord insurance. Get a quote online today or request a callback. Alternatively, you can contact us via our website or give us a call on 01788 818 670.