Noisy neighbours in flats

We've all been there. Whether it's the flat above stomping around, or the kid down the street bashing their drum kit, nobody wants that 6am wake up or that evening racket disturbing the peace. But what is the best way to deal with noisy neighbours? Whether in a modernised flat in the historic town of Faversham, or an 18th century mill carefully converted in Halifax, the following includes some steps and advice to help address these problems.

Bringing the noise

The first thing to remember is to remain calm. As with most problems, charging in with all guns blazing tends to multiply the original issue and then it escalates from there. The most important thing is to confirm the source of the noise. In most cases this is easy, but sometimes you may have to wander down the road or visit the floors above in your block of flats to narrow down which property is responsible.

Timing is everything

The chances are your neighbours are not deliberately trying to annoy you (though it might not feel that way). In almost all cases, people forget what time it is or simply aren't aware how loud they are being. You are most likely to get a better response if you wait until the next day before knocking on their door, calmly and politely to explain. You might be surprised how well received this can be.

Not listening

That said, sometimes the message simply isn't being received. If you've had a couple of conversations and things don't improve, it is worth speaking to your managing agent and local council for advice. Before you do, you can prepare by;

• Making sure you know which property is causing the disturbance. Particularly overnight problems are very difficult for agents to investigate and directly remedy if you cannot confirm the source.

• Speak with other neighbours to see if they have noticed the same thing, and suggest they contact the agent or council as well.

• Keep a record of time and date, every time a disturbance occurs. Record the extent / volume of the problem and suspected cause.

• Note any occasions you do manage to speak to the offending resident.

• Video or audio recordings can be a huge help to confirm the issue. This will help prove you don't have super hearing, and that the noise is of a genuinely disturbing level.

Depending on the property, the managing agent and the council will have different routes and powers for enforcement. This would normally start with a friendly approach to ensure the residents are aware of the problem they are causing, before progressing to formal notice and if necessary, legal action.

Hard(ly) floors

Increasingly leaseholders seem to prefer the benefits and versatility of hard floors in their flats. Despite this, many apartment owners are unaware that their lease specifically prohibits hard flooring in their flat, other than in the bathroom(s) or kitchen. This is because of the proximity to other residents and the likelihood of noise being carried to the flat below through hard flooring.

Modern leases may permit hard flooring IF suitable sound dampening underlay is installed, but again, many owners aren't aware of this requirement and may overlook it during installation. The lease often sets out the requirement to obtain a Licence To Alter your property, before making changes. It is always worth checking with your agent before making alterations in your flat, to avoid the expense of replacing new floors or worse, enforcement notices!

Giving notice

The management company or freeholder typically has the ability to enforce covenants / restrictions with the lease or transfer agreement. In most cases this would rely on a clause prohibiting noise during certain times (overnight) or requiring residents not to cause a nuisance or disturbance. It is therefore important for you to provide the information listed above, to allow your agent to enforce these clauses with the offender and if necessary, to instruct a solicitor to do so.

The price of peace

Another common surprise, particularly for leaseholders, is the cost. While the management company or freeholder normally has the right to enforce restrictions and covenants, it is actually the complaining leaseholder that is expected to indemnify the company for the legal costs. This might seem unfair - after all, why should you pay for their disturbance? - but it is actually quite understandable. If management companies had to pay the legal costs to enforce every minor complaint from every resident, frankly before long there would be no service charges left! This therefore deters insignificant or baseless complaints from escalating to an unreasonable level.

Look for guidance

The best thing to do is to seek independent advice, from your managing agent or from the local council, on how best to approach the issue. In many cases the best option is to have a friendly conversation with your neighbour to highlight the issue, but if this doesn't resolve the noise you can always call on your managing agent to step in assist with a solution.