Noise disturbances are never fun for landlords. In fact it is one of the reasons my friend Pete decided to invest in the NASDAQ instead! Less hassle.

Issues such as loud music, shouting, barking dogs, running appliances, or parties can ruin the peace of an entire neighbourhood and drive away potential tenants, and at worst resulting in expensive fines.

Taking the right steps to address the issue is essential, so here is a guide to understanding noise issues, the steps landlords can take to tackle them, and how to prevent them from occurring in the future.

What Constitutes as "Excessive Noise"?

The Noise and Statutory Nuisance Act of 1993, as well as the Noise Act of 1996, protect people from noise disturbances, but even small, everyday disturbances such as walking heavily in an upstairs flat may not always qualify as "excessive noise".

The exact definition of “excessive noise” differs based on the local environment and jurisdiction, but generally speaking, anything that can be heard from outside the property after 10pm, or an ongoing noise nuisance during the day, can be deemed as excessive.

Am I Legally Liable for My Noisy Tenants?

The general consensus is that landlords are not liable for the behaviour of their tenants. However, disruptive noise can be a huge burden, resulting in lost rent and paying expensive fines for noise ordinance violations.

How Can I Resolve Issues With Noisy Tenants?

The first step is to encourage the tenants and neighbours to resolve the issue themselves.

If this fails, a landlord may need to speak to the tenants directly, or contact their local Environmental Health Department, who can help with any kind of noise or nuisance-related problem.

Two solutions:

STEP 1:

We have a series of letters drafted just for this situatioin. You can get them here: Noisy Tenants Letters

STEP 2:

Evict the tenant

If all else fails, landlords may need to consider serving tenants with a Section 8 or Section 21 notice and evicting them, although most regulations for eviction require a properly written noise clause in the contract, and the landlord must wait for the report from the Environmental Health Department before taking this kind of step.

The legal ground when issuing a Section 8 Notice would be:

Ground 14(a):

been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality.

How Can I Prevent Noisy Tenants in the Future?

No landlord wants to experience the stress of dealing with a noisy tenant, so taking steps to thoroughly vet tenants, avoid loud tenants, and adding a noise clause to contracts is essential.

Doing so may help landlords identify tenants who may be more prone to creating noise disturbances, and allow landlords to take steps to reduce the chances of it happening in the future.

Noisy tenants are a nightmare for landlords, but taking the right steps to manage the issue and prevent it from happening in the future can make a huge difference. Understanding noise issues, knowing what steps to take, and taking necessary preventative measures can help make sure your rental property remains a safe and peaceful environment for all tenants.

If you have a noisy tenant problem we can help you today:

STEP 1:

We have a series of letters drafted just for this situatioin. You can get them here: Noisy Tenants Letters

STEP 2:

Issue a Section 8 Notice for and commece eviction proceedings.

Evict the tenant