Managing Nuisance - July 2014

Posted on: July 9th, 2014 Category: Tenant News, Landlord News

Sadly, noise and nuisance is a common problem. Local authorities receive some 180,000 complaints a year relating to nuisance noise alone.

Fortunately, there are remedies available to landlords, occupiers and also local authorities to combat serious cases which constitute a nuisance to other residential occupiers.

It is a criminal offence to create excessive noise or nuisance that interferes with other people's rights to the use and enjoyment of their home and community. Such nuisance is often referred to as a public or statutory nuisance.

Statutory nuisance is defined as a matter which is prejudicial to health or a nuisance and specifically includes:

• noise emitted from premises such as noisy parties
• noise from vehicles, machinery or equipment in the street
• the state of premise such as verminous conditions
• accumulations or deposits such as rubbish dumping
• smoke, gas, fumes or noise emitted from premises
• nuisance arising from the place or manner in which an animal is kept (e.g. overcrowding)

A landlord has a duty to keep the structure, exterior and other parts in a state of repair, and to give his tenant's the benefit of quiet enjoyment of the property. Allowing premises to fall into a poor condition prejudicial to health can constitute a statutory nuisance.

If you have any questions about dealing with nuisance and noise, please contact us and we will endeavor to help.