If you are receiving sounds related complaints from your tenants then probably it’s already too late to deal with those proactively
This might be one of the most common complaints of HMO tenants. Noisy tenants can be a big problem for HMO landlords as these type of complaints very quickly become huge issues. Whether these noises are created through loud music, TV, parties, dogs, children coming to the property or any equipments tenants might be using or through the streets where there are problem residents, all these noise issues can cause all kinds of misery.
Let’s start with The Law on Noise Issues
The UK law is very effective when it comes to noise issues and local authorities are usually happy to step in fairly quickly when noise levels exceed permitted levels.
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.
The legislation states noise must be excessive enough to cause a nuisance. Complainants are encouraged to try and resolve issues directly with the persons responsible, but if that fails, they can make a complaint to their local environmental health officer.
If noise is deemed to be a statutory nuisance, environmental health officers have the power to take action in the form of noise abatement orders. If there is a lack of compliance, the local authority may take the matter to court. Individuals can be fined up to £5,000. In some cases, the police end up being involved when the person or persons causing a problem are aggressive or violent. This is classed as antisocial behavior. Noise making equipment, such as speakers and sound systems can be confiscated by the police.
Tenant Vetting can Help Reduce Noisy Tenants
A thorough tenant vetting procedure should help you avoid letting properties to tenants with a history of noise complaints against them. Always check a tenant’s references and if possible, speak to their previous landlord. If there is any suggestion the tenant has been evicted from a previous rental property, or if the landlord has had problems with the tenant it’s a good idea to find out why.
Work with a tenant wherever possible, in most cases noise complaints are isolated incidents. Once tenants are aware they are causing issues this is often enough to prevent the problem from escalating. If the problem persists and a tenant is not modifying their behaviour you will need to take further action depending on the severity of the problem.
We hope this guide has helped highlight a few noise issues and how to deal with them. As always, if you have any comments or questions, get in touch on Facebook or Twitter!
Dealing with Noise Issues Proactively
When you are converting your property into HMO you must put sound proof plaster boards on the walls (These are pink colored boards). This is mandatory requirement from all of the local council. Usually builder cut corners when putting sound proof boards below the flooring as this is not a mandatory requirement. You must press them hard to put that. The sound proof board has green cloth like material on a usual wood which absorbs the sound, you should also put quality insulation and sound proof underlay which most of the builders avoid to further curtail the noise. Earlier most of the HMOs had carpet which naturally absorb more noise than the laminate flooring
We can‘t stress the importance of Tenant Vetting more
A thorough tenant vetting procedure should help you avoid letting your HMO room to tenants with a history of noise complaints against them. Always check a tenant’s references and if possible, speak to their previous landlord. If there is any suggestion the tenant has been evicted from a previous rental property, or if the landlord has had problems with the tenant it’s a good idea to find out why.
Work with a tenant wherever possible, in most cases noise complaints are isolated incidents. Once tenants are aware they are causing issues this is often enough to prevent the problem from escalating. If the problem persists and a tenant is not modifying their behavior you will need to take further action depending on the severity of the problem.
Add a Noise Clause to The Assured Shorthold Tenancy
It is wise to include a clause in the tenancy agreement that relates to excessive noise and quiet hours. Quiet hours are typically between 11 pm and 7 am, but you can modify this if necessary. Remember these quiet hours must be reasonable, it would be unenforceable for instance if you chose quiet hours of 11am – 4pm. If a tenant repeatedly makes excessive noise during the quiet hours you may be able to take further action as they will be in breach of their tenancy agreement.
Talking to the Noise Maker
Talking must always be the first step while dealing with your HMO problems. It’s possible that the tenant who is creating a problem is completely unaware that their neighbors are suffering.
Always confirm claims of excessive noise. It can sometimes be the case that a complainant is over exaggerating whats going on. Talk to other people living in the property or close neighbors to make sure you’re not about to accuse someone of making excessive noise when they did nothing wrong.
Remember, excessive noise to one person is perfectly normal to another. If they are running a washing machine late at night, for example, it could be because they work shifts and it’s the only time where they can do laundry. It might also have been an isolated incident.
Make the person aware there is a problem. Show them a copy of the tenancy agreement, highlighting the noise clause.
Talk to them in a non-confrontational manner. Advise them their behavior needs to change or the source of the problem (e.g. a barking dog, which by the way should never be allowed in a HMO) must be removed from the property. Remind them that if the problem persists, there will be repercussions.
Mediation of Noise Complaints
If the HMO tenant causing the problem is aggressive or unapproachable for any reason, use a mediator. A neutral third-party might be able to reach a settlement with the tenant. One of the existing HMO tenant will normally be the third-party if you have kept all your tenants properly.
The way you deal with this problem should be adjusted as per your situation in the HMO. If you need any help with managing your HMO then please feel free to contact us.
