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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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I have two young professionals living next door and two to

Customer Question

I have two young professionals living next door and two to three times per week we have loud talking from about 4 or 5 people.
I am not able to relax in my home and we have had to move away from the party wall adjoining our two properties.

We have complained to the landlord for 3.5 years previously with his last two tenants being noisy. They left a few weeks ago and now the problem is with the two new tenants.

What rights do we have to ensure that we can have our peaceful enjoyment restored?
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

Is this just talking?

Its not late at night or otherwise at unsociable hours?
Customer: replied 4 years ago.

No, it is during the day but also up until 10:00pm


 


It is a group that gather in the house 2, 3 or 4 times per week.

Expert:  Jo C. replied 4 years ago.
But all they do is talk to each other?

They are not shouting abuse or playing load music?
Customer: replied 4 years ago.

I think I know where this is going.

Expert:  Jo C. replied 4 years ago.
I am sorry but its likely to be bad news.

Obviously there's lots of action that can be taken against anti social nuisance neighbours. Reports to the police, local council, nuisance claims against the tenant or the landlord etc.

However, a Court or local council would assess the complaint for reasonableness. Playing loud music late at night, or shouting abuse or any other unacceptable level of noise like DIY would offend.

I'm afraid that talking to guests is not unreasonable noise though. Occupants are free to make the type of noise that they have to in order to live normal lives. Of course, that will cause neighbours a degree of disturbance because everybody disturbs everybody else to some degree. What you are disallowed from doing is causing an unacceptable level of disturbance amounting to nuisance. The fact that you can hear them having a conversation is not nuisance.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.