Noisy neighbours in flats - breach of lease/what can be done?

NameUnavailable

As per title, if one has a particularly problematic neighbour in a block of flats, what realistically can be done?

The lease will include requirements not to create noise/disturbance for neighbours, especially after 10pm.

If someone is disturbing neighbours with loud noise, music, shouting etc., what actions can the MA or Freeholder take? I guess forfeiture is the ultimate sanction but how realistic that is, is another thing.

Has anyone had experience of this and remedied the situation?

Schwarzwald

Most importantly, start a log of disturbances with date, time, issue.

ThorOdinson

Are they leaseholders or renting?

Jellynailer

If the noise is in antisocial hours = 11pm - 7am, you can ask your Council's Environmental Health to take acton.  Otherwise, I think you can deal with them directly in reference to the provisions in the lease = a solicitor's letter re pending action in the County Court.  Normally a lease reflects the provisions in the  freeholder's deeds.  My deeds say not to cause nuisance or suffer others to do so (others being visitors, work people etc.). Might be worth getting a copy of the freeholder's deeds via Land Registry. 

ThisIsWeird

Hi NU.
Do you know if other flats are also affected by this?
Do you suspect it has an element of being intentional, or of a type or level that they must be aware of what they are doing?
I think things like this would help with any action by the LA. I would like to think that action could and would be taken, especially if more than one flat also reports them - a 'community trigger'.
But it seems you are asking for actual test cases?

BonaDea

I've always found speaking directly to the people involved never fails, if you go about it the right way.  Don't be angry or confrontational or in 'standing on your rights' mode because that just raises their hackles and provokes them to try to stand on their 'right to do what they like in their own home', etc.  Instead, start from the assumption that either they don't realise how much noise they are making, or they don't realise how it affects the people around them.  Then knock on their door during the day (not when the noise is going on) and express yourself as if you are passing information - 'Perhaps you haven't realised, but ....' and making a polite request for them to [whatever it is you want to do - turn the music down, only play it before 10pm etc] but make that request simple, specific, reasonable, and clear.  I've had people instantly agreeing with me that yes, their music is too loud, they'll turn it down.  Even people whom one would think would just tell you to 'f... off' will often prove surprisingly amiable if they feel they're being treated courteously and without preconceptions.  This approach usually works first time, but if not, just assume they've forgotten, or the culprit is another family member, and repeat in a friendly non-confrontational manner.   

ThisIsWeird

BonaDea said:

I've always found speaking directly to the people involved never fails, if you go about it the right way.  Don't be angry or confrontational or in 'standing on your rights' mode because that just raises their hackles and provokes them to try to stand on their 'right to do what they like in their own home', etc.  Instead, start from the assumption that either they don't realise how much noise they are making, or they don't realise how it affects the people around them.  Then knock on their door during the day (not when the noise is going on) and express yourself as if you are passing information - 'Perhaps you haven't realised, but ....' and making a polite request for them to [whatever it is you want to do - turn the music down, only play it before 10pm etc] but make that request simple, specific, reasonable, and clear.  I've had people instantly agreeing with me that yes, their music is too loud, they'll turn it down.  Even people whom one would think would just tell you to 'f... off' will often prove surprisingly amiable if they feel they're being treated courteously and without preconceptions.  This approach usually works first time, but if not, just assume they've forgotten, or the culprit is another family member, and repeat in a friendly non-confrontational manner.   

Nice. And surreptitiously record this conversation - just in case

eddddy

NameUnavailable said:

The lease will include requirements not to create noise/disturbance for neighbours, especially after 10pm.

If someone is disturbing neighbours with loud noise, music, shouting etc., what actions can the MA or Freeholder take? I guess forfeiture is the ultimate sanction but how realistic that is, is another thing.

In simplified terms, the route that most freeholders might take might be something like this (while a leaseholder continues to breach their lease)...

• Write a letter to the noisy leaseholder - telling them to stop breaching their lease. (And maybe charge them a £40 fee for sending the letter.)

• Write a second letter to the noisy leaseholder - telling them to stop breaching their lease and warning them that a solicitor will be instructed. (And maybe charge them a £40 fee for sending the letter.)

• Instruct a solicitor to take on the case and write a letter to the noisy leaseholder - telling them that legal action to forfeit they lease will be commenced. (And charge them the solicitors fees of a few hundred pounds.)

• The solicitor serves a section 146 notice on the noisy leaseholder - to start the forfeiture process. (And charge them maybe £1000+ in legal fees.)

There would then be a tribunal hearing, and the tribunal would decide whether or not the lease is being breached.

The noisy leaseholder can stop the process if they stop breaching the lease - i.e. they stop being noisy.

NameUnavailable

Thank you for all the responses. Other flats are affected and the culprit clearly has mental issues and can't be reasoned with. They are currently away so it's been nice and peaceful but I and others aren't prepared to put up with further trouble so will be escalating if it happens again.