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Allen Realty Offer Tips For Tenants To Avoid Noise Control Complaints This Summer

Friday 30 January 2015, 4:23PM

By Beckie Wright

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Not surprisingly, one of the biggest causes of friction between neighbours is noise. Noise issues can be amplified during the hot summer months when tenants move outdoors to relax and entertain so tenants need to ensure that they, and their visitors, respect their neighbours’ quiet enjoyment which will help to create positive long term relationships and avoid noise complaints. To this end, the helpful team at Allen Realty have a few tips to offer people keen to keep their tenancy.

Section 38 of the Residential Tenancies Act 1986 confirms that a tenant is entitled to quiet enjoyment of a property, and Section 40 (2C) requires that tenants will not interfere with the 'reasonable peace, comfort, or privacy of any other person residing in the neighbourhood'. Section 326 of the Resource Management Act defines excessive noise as 'any noise that is under human control that interferes with the peace, comfort and convenience of any person'.

When a complaint is made by a neighbour a Noise Control Officer will visit the property and take a reading of the noise level. If they deem the noise to be excessive then they will issue a breach notice to the occupants. If a breach notice is not adhered to then a Noise Control Officer can come back (sometimes with police) and issue further fines or confiscate items that may be causing the noise (e.g. stereo speakers). Generally the complainant receives a written report from Noise Control to confirm the amount of noise measured during the visit and what the outcome was, then a copy of this Noise Control notice can be used as evidence to support a complaint about excessive noise and this is often key evidence at the Tenancy Tribunal.

The important part for a tenant is that when they are in breach of their obligations surrounding quiet enjoyment at a property then they can be issued with a 14 day notice that they have breached their tenancy agreement. However, noise is generally something that needs to be remedied straight away so using a 14 day notice is not the best solution. The solution is to communicate with all parties in order to prevent a repeat of the situation. Sometimes things may not change and the landlord will be forced to reconsider if the tenant is still suitable for the property.

The Allen Realty team recommend that there are many measures a tenant can take to help keep noise to a minimum, and one is remembering to be particularly considerate of neighbours who share a common wall, floor or ceiling. Similarly, if they want to play music outside they need to keep it at a level that doesn’t annoy the neighbours. This goes for the volume on the TV and stereo at all times and budding musicians should let their neighbours know what time they intend to practise and when it will end, and the same applies to holding a party, or even when carrying out renovation work. Noisy pets and engine noise can also cause unnecessary friction with neighbours so the team at Allen Realty advise being considerate at all times to promote a healthy long term relationship.

For further information please go to http://www.allenrealty.co.nz .