What Should we do About Our Neighbour's Complaining?

Q.

We have a flat within a 1930's converted house, since we've had new neighbours they keep complaining about the noise from our flat (mainly the bedroom which is above thiers) we didn't have any problems with the people who lived there before. We can hear the same noise from the flat above which we have put down to the fact that this is a conversion and not purpose built.

We have tried to rent out the flat but the neighbours seem to keep pushing our tenants out. We have tried to talk to them and put rugs down etc... but they keep knocking on the door and complaining to our tenants. What should we do?

A.

This would seem to be a case of a house conversion where sound insulation seems to have not been too high up on the agenda when it was converted into separate flats.

You say that previous tenants in the flat in question didn’t have any problem with noise from your flat and that you, too, can hear the same level of noise from the flat above so it would appear that you have accepted that the design of the house conversion does not lend itself too well to good sound insulation. Nevertheless, there would seem to be some sort of problem in that you keep receiving complaints.

There are strict laws governing noise nuisance under the Environmental Protection Act 1990 but they are usually more associated with issues such as loud music, barking dogs, shouting and arguing and lots of banging and loud children. Certain other factors also come into play with regards to noise levels after 11pm at night. However, you’ve given no indication here that any of the above is the issue here.

You’ve also taken some steps to try to resolve the matter by putting down rugs to try to reduce the noise levels somewhat. Therefore, based solely on the evidence you’ve presented here, it would appear that you have fussy neighbours who would prefer to live in complete silence, in spite of the fact that they have chosen to live in a place with thin walls. However, without knowing the facts, that is difficult to say.

You also say that you’ve tried to reason with the complainants but that this hasn’t achieved anything. Therefore, to obtain a resolution it may well be that you’ll need to challenge your neighbours into making a complaint.

Tell them that in your opinion, you feel you are doing nothing wrong and that if they wish to complain, that they should contact the local Environment Department and ask them to investigate the matter. If you or your tenants are truly not making excess noise and the problem is simply one of thin walls, ceilings and floors, it may well be that the investigation team will simply discard their complaint. If that’s the outcome, then theoretically, if they are ‘pushing your tenants out’ as you say, then you may have a case to take action against them for harassment, depending on what kind of evidence you have of that. On the other hand, the Environment Department could rule in their favour and force you into taking action to make further soundproofing improvements.

Ideally, coming to an amicable agreement or going to see a mediation service is the best way forward. However, if this isn’t an option then the only way forward would seem to be letting the Environmental Health Department decide if there’s a problem or not.