Help for landlords with noisy tenants

Published: 17/03/2013

As a landlord you are responsible for your tenants and any complaints made about them. This includes the highly subjective issue of noise.

One landlord, based in Ireland, found this out the hard way after he was fined €30,000 when his tenants regularly subjected their neighbours to their loud music and raucous parties.

So what do you do if a tenant is making noise?

Well it all comes down to your tenancy agreement. Tenancy agreements typically include a tenant’s ‘right to quiet enjoyment’. This not only entitles the tenant to peace and quiet but also grants neighbours the same privilege.

By denying a neighbour this right could place the tenants in breach of their tenancy and could give you the legal right to evict them.

GW LET Lawyer John Jones explains:

“If a tenant breaks the rules laid out in the tenancy agreement, a landlord can look to evict them from the property. However tenant eviction is neither a simple nor automatic procedure.

“To evict a tenant before the end of their tenancy a landlord must serve a Section 8 notice. Should the tenant ignore the notice and remain in the property, the landlord must then obtain an order for possession from the court. Whatever the breach of tenancy, a landlord cannot simply take back the property.

“However when it comes to something as subjective as noise it is essential to first assess the level and nature of the noise and understand the frequency and longevity of the noise before issuing proceedings. You need to be confident the tenant is in breach and it is not just a nitpicking neighbour!

“As leading experts in landlord law, GW LET can advise landlords on this matter. We can also draft your tenancy agreements to include a ‘noise clause’ as well as providing the legal support required when evicting a tenant.”

Content correct at time of publication

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