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Residential Property Tribunal, Hambleton District Council; Improvement Notice

March 23, 2015

Property: 8 Forge Cottages, Forge Lane, Tollerton YO61 1QF

Case Reference: MAN/36UC/HIN/2010/0023

This case concerned the level of noise heard in an adjacent property; at the time of the complaint, the property was being let by a man and his adult daughter.

At the hearing, the local authority reported that they had received a complaint from the occupier of the house regarding the rented upstairs flat in the adjoining property. The complainant was asked to keep a noise diary and the tenants were served with a notice under the Noise and Statutory Nuisance Act 1993.

It transpired that the noise complained about was everyday noise due to insufficient sound proofing; something for which the notice was not equipped to provide remedy from.

The remedial action on the notice included carrying out some improvements; upon inspection of the property, the Tribunal found that the party wall in the roof space was incomplete and failed to provide a barrier to fire, unlawful entry or sound.

The tribunal subsequently decided that an Improvement Notice should take effect under the Housing Act 2004 s. 12 in respect to the Category 2 hazard of noise. They suggested carrying out the work in stages and also stated that they had no jurisdiction to order the complainant to pay or contribute towards the cost of the improvements.

For more detail and comments by Dr Stephen Battersby, please follow the link