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Noisy Neighbours

Noisy tenants next door. What are my legal rights as a homeowner? How can I put a stop to it? Thanks. Dec.

Hi Dec.  In relation to neighbours’ disputes I always recommend that you should firstly knock on the door.  It is possible that the tenants don’t know they are making noise and if you bring it to their attention they might apologise and take the right steps to stop being noisy neighbours.  Maybe you have brought it to their attention several times and they have just ignored you or have been abusive back to you when you have made the complaint. 

 

If you are living in an apartment complex, the management company have rules about this and they may be able to take direct action against the noisy tenants.  If you are in a Council or Local Authority house, the Council can be approached and asked to do something about it. 

 

You could also approach your solicitor and ask him or her to seek an injunction against them.

 

But I find the most effective way is by going to the local District Court and issue a nuisance summons against the tenants, which will require them to appear in court to answer the case against them.  With this type of summons I always recommend that that you get a number of neighbours to join in so that you are not standing alone.  Equally, I recommend that you engage the services of a solicitor for the hearing because the noisy neighbours may well engage their own legal team and you should have separate representation. 

 

As a footnote, I always feel that noisy neighbours are very stupid because ultimately there are so many rights which a homeowner has that eventually law suits can be very expensive for them and can even end up with an award of damages and legal costs which, if they own the house, could risk their losing it.

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