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Alex J.
Alex J., Solicitor
Category: Law
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Experience:  Solicitors 2 years plus PQE
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Please can someone explain if the following clause in a long

Customer Question

Please can someone explain if the following clause in a long lease means that no musical instrument can be played or there can be no singing between 11pm-9am or does it mean that no instrument can be played or there can be no singing at any time if it
causes annoyance to other occupiers of the neighbouring properties? "No piano record player radio loud speaker or other electric electronic mechanical musical or other instrument of any kind shall be played or used nor shall any singing be practiced in the
demised premises so as to cause annoyance to other occupiers of other properties or so as to be audible outside the demised premises between the hours of 11pm and 9am"
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you for your question and welcome my name is ***** ***** I will assist you.
The key point in this clause is not that you cannot do these activities, you can do all these activities you just cannot do them "so as to cause annoyance". If some is singing or playing an instrument exceptionally loudly and causes annoyance to a neighbour between 11pm-9am then they must not do that activity. The reason for this is because people are expected to be quieter at night, a noise that is an annoyance at night could be perfectly acceptable in the day, for example listening to music.
Kind regards
AJ
Customer: replied 1 year ago.
AJ,Thanks for your reply. My question is therefore as follows. Can my neighbour carry out the activities listed, between 9am to 11pm, if it causes annoyance to me or the other neighbour?I understand all about the arguments that people are expected to be quieter in the night, but I am asking about activities during the daytime!Regards
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
If the activity is genuinely a nuisance and far louder than anyone might reasonably expect during the day then regardless of whether it is day or night it can still be regarded as a private nuisance.
You can apply to the council to serve a noise abatement notice on your neighbour.
Kind regards
AJ
Customer: replied 1 year ago.
Please can you just confirm (and ignoring the noise abatement notice issue) that the clause in the lease means that there is no specific time reference with regards ***** ***** annoyance to other occupiers of other properties i.e. we can ask the neighbour to refrain from making a noise via one of the mentioned formats at anytime during the day (or night) if it is causing annoyance.
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
This clause has a time reference.
However under the general laws of nuisance - excessive noise any time of day can be considered a private nuisance if it effects your reasonable enjoyment of your property.
Kind regards
AJ

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