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Student accommodation can be a lucrative investment. However, renting to students does come with its own unique set of challenges, with noise complaints often topping the list.
While many students are model tenants, noise complaints tend to be more prevalent when managing a student let compared with other types of rental properties. Students are typically young people living away from home for the first time, and the novelty and excitement of their newfound independence can lead to vibrant social activities and late-night gatherings. While students may not need to get up for lectures until midday, their neighbours probably won’t be too pleased about being kept awake all night by thumping bass music. Unfortunately, students don’t always realise just how disruptive their raucous behaviour can be for the surrounding community.
If you receive a complaint that your student tenants are being too noisy, you should confront the issue quickly and with care to prevent the problem from escalating. In this article, we’ll explain what the law says about excessive noise and provide practical advice on how to handle complaints effectively and minimise the likelihood of such issues arising in the first place.
The problem with noise complaints
One of the biggest problems with noise complaints is that they are subjective. Some people just have a higher tolerance for noise than others. So, while one person may barely notice the sound of music leaking through from next door, another may find it intensely irritating.
In extreme cases, where tenants regularly party all night long and into the next morning or shout and play loud music more days than not, nuisance noise can significantly impact the daily lives and mental health of those living nearby. Night-time noise pollution can disrupt sleep, and poor sleep quality can impact almost every aspect of a person’s performance the next day. Over time, constantly disrupted sleep will take its toll on a person’s mental health. So, it’s easy to see why those living near a noisy student house can quickly become very frustrated and upset about the issue.
What does the law say about noise complaints?
Everybody has the right to the quiet enjoyment of their home without being regularly disrupted by nuisance noise. In England and Wales, several important laws protect against nuisance noise, most importantly the Noise Act 1996 and the Noise and Statutory Nuisance Act 1993. These laws protect against excessive noise that interferes with quality of life. If noise is excessive enough to be a nuisance, then the police and local authorities may step in to help resolve the issue.
Are landlords liable for noisy student tenants?
Generally, landlords are not liable for their tenants’ noise or actions. After all, it is not you making the noise, and you cannot control your tenant’s behaviour. The only time you may find yourself liable is in the unlikely event that you leant your student tenants some speakers for their party or managed to wheedle yourself an invite. You may also be liable if you were aware when you rented the property to the individual that they were likely to cause a nuisance to neighbours. While you may not be legally liable for the nuisance your tenants are causing, there are plenty of reasons why it is in your best interests to do everything you can to reduce the risk of your tenants generating noise complaints.
Why it pays to be proactive about managing noisy tenants
If your tenants start upsetting the neighbours, it will create a lot of stress and hassle for you, so it pays to be proactive in preventing problems.
If you receive a complaint but are slow to react, the problem is likely to escalate. Nipping the problem in the bud and clearly communicating to tenants what level of noise is unacceptable from the get-go can help set expectations and prevent tenants from falling into bad habits.
If your tenants regularly cause nuisance to neighbours and you fail to deal with the problem, those affected may seek assistance from different avenues. You could then find yourself contacted by the local authority or, worse, the police. Once the complaint has been escalated to this level, the tenant risks being fined up to £5,000 and could find their noise-making equipment confiscated.
If you fail to resolve the issue with your tenant and they continue with their antisocial behaviour, the council and the police could even apply for a Premises Closure Order to shut your rental property down for up to three months. This could result in a loss of rental income for at least three months, potentially more, if you struggle to find new tenants quickly after the order is lifted.
In addition to these potential legal consequences, allowing noise issues to persist can significantly damage your relationship with neighbours and tarnish your local reputation as a landlord. This could be particularly awkward if you plan to move back into the property yourself in the future.
Steps to take following a noise complaint about your student tenants
Noise issues can escalate quickly and risk damaging your relationships with neighbours and other tenants if not handled carefully. If you manage a student rental property, it’s more important than ever to have a professional process in place to help you address noise complaints promptly and effectively should they arise. We’ve put together a structured, step-by-step guide to handling noise complaints to help you resolve issues fairly and in compliance with the law.
Acknowledge the complaint
As soon as you receive a complaint, acknowledge it and reassure the complainant that you will investigate it and respond accordingly. It’s important to provide reassurance that you are committed to resolving the issue.
Gather evidence
If the complainant says the noise disturbance is a regular occurrence, consider verifying the situation by visiting during the alleged noisy period to gather firsthand evidence. Encourage the complainant to keep a noise diary, which can be used as evidence if further action becomes necessary.
Speak to tenants about the complaint
Approach your tenants calmly to discuss the complaint, listen to their side of the story, and explore solutions together. Students are often reasonable and wish to avoid further issues, so a constructive conversation can usually resolve the matter without escalation.
Set clear expectations
Clearly communicate with your tenants what noise levels are acceptable and which are not. Emphasise the legal implications of excessive noise, including potential fines and eviction if they breach the tenancy agreement.
Help the tenant implement noise reduction strategies
Help tenants come up with ideas to reduce noise based on the type of disturbance reported. Suggestions might include moving TVs and speakers away from shared walls or installing a stair runner or rugs to muffle foot traffic.
Monitor the situation
Check in with the complainant sometime afterwards to find out if they’ve had any more problems.
Issue a formal warning
If you receive a further complaint about noise, you should issue the tenant a formal written warning, which outlines the next steps if their behaviour continues.
Involve the Local Authority
If the tenant keeps causing a noise nuisance, you or the complainant should involve the Local Authority’s Environmental Health Department. They will then assess whether the noise is considered a ‘statutory nuisance’ and take further action if needed.
Issue a final warning
Issue a written final warning that clearly states that non-compliance will lead to eviction proceedings.
Serve notice to evict your tenant under Section 8 or Section 21
Before proceeding with an eviction, it is wise to consult a solicitor to ensure that your terms comply with legal standards. Depending on the circumstances, you may then be able to serve the tenant with a Section 8 or Section 21 notice to evict them on the grounds of breach of contract due to nuisance noise or antisocial behaviour.
When tenants complain about each other’s noise
Of course, it’s not always the neighbours who complain about noise levels. Sometimes, the complaint comes from closer to home. It’s not uncommon for students to complain about noise from other students, even their own housemates! If there’s anything worse than living next door to a noisy neighbour, it’s living in the same house as them! If a tenant complains about excessive noise from one of their housemates, it’s important to take the complaint seriously, as if it’s affecting one person, it is likely to be affecting others. If the noise issue is left unresolved, apart from being a very unpleasant living environment for your tenant, it could also cause the complainant to move out or stop paying rent, which will cause you a further headache and potential loss of rental income. Therefore, it’s in everyone’s best interests if you help the tenants resolve the issue. This could mean holding a meeting where you act as a mediator and highlight the terms of the tenancy agreement and the consequences of breaching it.
Tips for preventing issues with noise arising
If you want to avoid noise complaints, the best strategy is to take proactive steps to prevent them. Lay down your ground rules regarding noise levels from the start. Ensure that prospective tenants are clear about your expectations and the consequences of non-compliance. Being clear and direct about your expectations from the start may just be enough to deter those students who are already planning their move-in day parties!
Screen tenants thoroughly
Thoroughly screen prospective tenants before leasing to them. Carry out comprehensive background checks and request references from previous landlords if they have rented before. Of course, not all student tenants have rented before or built up a credit history yet, so screening can be less effective in these instances. Sometimes, you’ll need to trust your gut instinct.
Request a guarantor
It’s common for student landlords to request a guarantor from their tenants to provide themselves with some extra financial security. A guarantor is usually a parent or other close family member who agrees to cover rent if the tenant stops paying. Sometimes, having a guarantor in place encourages tenants to behave, as they don’t want their guarantor to be involved.
Be explicit about rules surrounding noise in the lease agreement
Clearly define the rules regarding noise levels in the lease agreement. Specify quiet hours (usually between 11 pm and 7 am), the types of allowable noise, and the consequences of non-compliance. Providing clarity from the start can prevent misunderstandings later on.
Highlight these clauses before tenants move in
Before the tenant signs the lease, draw particular attention to the noise clauses. Highlight your rules when showing prospective tenants around, as this can be off-putting for party animals! Discuss these provisions with tenants to ensure that they understand their importance and agree to comply.
Leave your contact details with neighbours
Provide neighbours with your contact information and encourage them to reach out if noise or other issues arise. This open line of communication can lead to quicker resolutions and less frustration among neighbours.
Implement noise-reducing renovations
Consider making changes to your property to reduce noise transmission. Noise-reducing renovations include adding insulation, installing carpets, and soundproofing windows. By being proactive, student landlords can not only prevent disturbances but also create a positive living environment for everyone involved. By implementing thorough tenant screening, enforcing noise rules, and mediating conflicts, you can help create a harmonious living environment and preserve your reputation as a considerate and responsible
