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Threatened with Notice

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599 views 1 replies latest reply: 02 February 2016

I’d be interested to hear what people have to think about a recent noise complaint I received.

I live in a narrow terraced house, where you can hear your next door neighbours from time to time. One Friday night, two work colleagues came back to my house for a few drinks after a stressful week. By 11pm, we made sure music went down and was eventually turned off. Having said that, my neighbour (without notifying me) text my landlady at 3am saying that I was being too loud and that she was going to call the police. I can’t say that I wasn’t making any noise, as we were awake, but without music playing and there only being 3 people in the house- I am struggling to see how this is an issue that would need to be dealt with by the police. Furthermore, had they knocked on the door or told me that they could hear me, I would have course made an effort to be a little more conservative with the noise.

Because my landlady was woken at 3am, I received an official complaint through the lettings agent and have been told that, should this happen, I will be issued with two months notice, as she didn’t appreciate receiving a text at 3am. Can this really be fair? I was given no opportunity to deal with the complaint from the neighbours themselves, and it was the neighbours who chose to contact my landlady on her personal number at 3am, rather than go down the official complaints route. I feel like I’ve been completely bypassed in all of this and that now, what was once a good relationship with both my landlady and the lettings agent has been completely soured.

Are the lettings agent well within their rights to issue this notice should it happen again? (For all I know, the neighbours could complain tomorrow because I’m singing in the shower- and that’s it, tenancy over.) I feel like I’m now treading on eggshells in my own home, which isn’t a nice position to be in! Despite all this, said neighbours still smile and say ‘hi’ to me outside. (The noise complaint has never been mentioned.)

Can anyone recommend what I should do to resolve this situation?


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Hi Megan

I would imagine that if you were served with notice it would be a section 21 notice – that doesn’t require the landlord to give a reason so if that happened there would be little you could do to fight it if you felt it was unfair, as long as it was properly served.

Looking at it in terms of what the police or council would consider a noise complaint, no it’s not anywhere near that. I’m not a lawyer but my understanding is that nuisance is something that happens regularly and/or at unsociable hours – so listening to music through the night on a regular basis, for example. I’ve tried to make a noise complaint before and was asked to use a decibel reader to prove the complaint so if this is a one off the complainer would really struggle.

It might be worth writing directly to the landlord and bypassing the agent (contact details should be on the tenancy). Mention what happened, that you’re sorry but you think it’s an overreaction as it’s only happened once. Perhaps say you value the landlord and tenant relationship but you dont’ appreciate being threatened by the agent when you don’t have any history of causing problems. Make it clear that it’s only happened once and won’t happen again.

In terms of what the agent can do, they can only do what the landlord instructs them to do. Your tenancy is with the landlord not the agent – the agent is only acting on the landlord’s behalf. I would imagine the landlord would be pretty annoyed if the agent got rid of a perfectly good tenant because of a one off incident based on the agent being annoyed at having their sleep disturbed. Landlords have to pay agents more every time a new tenant is required so they wouldn’t want it to happen without good reason. Try to establish a direct channel with the landlord and let them know how much you want to stay and that should make the agent nervous enough to avoid stepping outside their ‘jurisdiction’ and be reasonable.


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