Noise and Anti-social behaviour

#1
Dear Jeffery,

I manage two flats located in the same building. On 6th January 2016 I served Form NR6 on the downstairs flat with a termination date of 9th March 2016. Since thent the tenant (with the help of his visitors) has been creating a nuisance in the area with several late night parties on weekdays and other anti-social behaviour. Typically, the parties have been going on until 3 or 4 in the morning.

It is not just the upstairs flat that are complaining; it is the the neighbours too.

They have been reported to LA Environmental Health who have done nothing except send them a few letters informing the tenant that they had received complaints of the 'alleged' offences. When I spoke to them they say that cannot do anything more until they have installed their own recording equipment.

The constituency borough council or has been contacted to chivvy EH along but he as not responded yet.

The constituency MP has been contacted to chivvy EH along and he has written to them asking for an explanation.

The Police say that they cannot do anything as it is on private property.

What can I do (legally of course) to remedy the situation?

Best regards
Mebmate

P.S. When the tenant was handed the notice seeking possession of the property he threw it to one side and said I'll start looking for somewhere new in the summer.
 

Jeffrey Shaw

Member
Staff member
#2
You mention notice seeking possession.
Was that a 1988 Act Notice and, if so, under s.8 or s.21? if under s.21, on which grounds did you rely?
 
#3
I followed your advice in a response to the post regarding obtaining possession of a property at the end of the initial term and used section 21.



As far as I know, the new s.21 format is not compulsory yet- but it's certainly valid/usable/simpler than guessing which of the old (non-statutory) versions to use and what to insert in them!

So you can choose between:
a. using a s.8 Notice now; or
b. using a s.21 Notice now (as you're within the final two months of the fixed term).

s.8 advantage (if ground 14 applies): no 'Notice' waiting time. Start proceedings at once after Notice served.
s.21 advantage: no need to prove any breach.
Jeffrey Shaw, Jan 5, 2016 #7

No breach was specified
 

Jeffrey Shaw

Member
Staff member
#4
Yes.
No breach is specified under s.21 (a 'no-fault' procedure).
Whereas T's bad behaviour would be a basis- ground 12, 14, etc.- for a s.8 Notice.
 
#5
The noise continues. It has now got so bad that the upstairs tenant has left the property and gone back to his parent's house and his partner has gone back to her parents with their 4 month old baby as neither set of parents have enough space to accommodate all three of them. However, they continued to pay their rent on time yesterday.

I have contacted the police to ask if there is anything they can do under section 5 of the Public Order Act but have not had a response yet.

Can you (or anyone else reading this post) offer any advice on how stop tenants from creating a nuisance?
 

chris horne

Member
Staff member
#7
Outside the Housing Acts and additional to action taken under the tenancy you might want to apply to your local Environmental Health Department for a noise abatement notice. I've no experience of this but I know that local authorties can take action against statutory nuisances of which noise is one. This may be a quick fix whilst possession proceedings take their course.
 
#8
Hi Chris,

Thanks for your ideas. The local EH will only issue a noise abatement notice if they hear the noise themselves or it is recorded on their equipment. Since the noise is late at night then EH staff are not available and they are being slow regarding installing their recording equipment. Hence the reason for involving Borough Councilor and MP mentioned in the original post.

The noise was so bad last Wednesday that when the upstairs tenant phoned me I could hear the words of the songs being played downstairs.

I am currently trying to get EH to accept statements from the police officers who attended last Wednesday's incident as proof that the noise is real and not alleged, which should enable them to issue the noise abatement notice.