What does quiet enjoyment of property mean?

Dealing with a difficult or disruptive landlord or nuisance neighbours can be stressful and upsetting. If your landlord is intruding or you are dealing with other types of nuisance, you may be able to take action to stop this. We answer the question, What does quiet enjoyment of property mean? and look at what you can do if you are involved in a landlord or neighbour dispute.

At Lockings Solicitors, our property dispute lawyers have extensive experience in resolving landlord and tenant disputes and nuisance issues. We understand how irritating it can be, and we can take prompt action on your behalf to try and find a solution.

We have dealt with many landlord disputes and nuisance cases and are often able to resolve matters out of court, which is generally faster than litigation. We provide excellent levels of service and we are always happy to discuss concerns.

We offer a FREE initial chat so that you can ask us any questions you may have about quiet enjoyment of property. Call us on 01482 300 200, email us at welcome@lockings.co.uk or fill in our Free Online Enquiry and we will call you back promptly. We have offices in Beverley, Hull and York and represent clients across the East Yorkshire and York area.

Do I have the right to quiet enjoyment of my property?

The right of quiet enjoyment is a term most often used in respect of leasehold properties, where tenants should not have to deal with issues such as:

• Unannounced visits from the landlord
• Workmen visiting the flat without notice
• Harassment from the landlord
• Excessive noise from neighbouring flats
• Noise outside of reasonable hours, such as before 7am and after 11pm

Those in freehold houses can also take action if they experience problems with neighbours, including:

• Excessive noise
• Invasion of privacy
• Obstructing your access to the property
• Trespass, such as parking on your property
• Harassment
• Environment issues, such as burning of rubbish
• Issues with fences, hedges and trees

What does quiet enjoyment of property mean?

Quiet enjoyment of property means that a tenant is entitled not to be disturbed in their home. Leases of flats usually include a clause stating that the tenant must be allowed quiet enjoyment. If this is not expressly stated in the lease, then the law usually implies it.

The clause aims to prevent landlords and other tenants from disturbing you. This could be by the landlord calling without notice or requiring access to the property without prior agreement. It can also cover situations where workmen are given access without advance arrangements being made with you, unless it is an emergency.

Other disturbances that may constitute a breach of the condition include problems with utilities, excessive noise or disruptive works being carried out to other parts of the building. In addition, quiet enjoyment means that a tenant cannot be harassed by the landlord.

What can I do if my landlord does not allow me quiet enjoyment of property?

The first step is to try and speak to the landlord and ask them to stop the action you object to. If they persist, you can put your request in writing, reminding them that you have the right to quiet enjoyment of your home.

If this is not successful, you can ask a solicitor to write to your landlord. We can look at your lease and check the landlord’s obligations, then write to them on your behalf, formally requesting that you be left alone or requiring a nuisance action to stop.

This is often successful, as landlords are generally keen to avoid legal action. If necessary, we can take more robust steps to address the issue.

What can I do about noisy neighbours or nuisance neighbours?

Disagreements with neighbours have the potential to escalate quickly and become entrenched and unpleasant. It is best to try and handle the issue amicably where possible. You should talk to your neighbours if you can, and try to explain why their actions are causing you problems.

If they are tenants, you can contact their landlord.

Dealing with noisy neighbours

While some noise is considered unavoidable, if it reaches nuisance level, you are entitled to take action. This is classed as noise that results in unlawful interference with your enjoyment or use of your property. As well as the level of noise, the time of day and the duration will also be taken into account in deciding whether it can be classed as a nuisance.

If you have asked your neighbour to reduce the amount of noise but this has not been effective, you should approach your local authority. They have the power to issue a noise abatement order. You should provide the local authority with full details of the incidents, including:

• What noise your neighbour is causing
• What time the noise is
• How long the noise is lasting and how frequently it is occurring
• The name and address of the noisy neighbour
• The effect on you of the noise

Dealing with trespass or harassment

If your neighbour is trespassing onto your property, you should speak to a solicitor. If you are being harassed, intimidated or threatened or you fear violence, you can call the police.

Dealing with access, fences, hedges and boundary disputes

Other legal issues such as access disputes or disagreements over the positioning or maintenance of fences, hedges or boundaries are generally dealt with by property dispute solicitors.

It is best to identify the legal position and find out your rights from the start. If you ask us to represent you, we will look at your title deeds and discuss details such as how the property has been used in the past before giving you an assessment of the strength of your case and the best options for resolving matters.

It is often important to deal with access and boundary issues as soon as possible as there is a risk that you could jeopardise your position if you allow a situation to continue.

How our property dispute solicitors deal with noisy neighbour or nuisance neighbour cases

We will generally start by writing to your neighbour setting out the problem and how you would like it resolved. We can explain your legal rights and suggest ways in which the matter can be dealt with. We always aim to deal with issues non-contentiously wherever possible. It is often the case that a letter from a solicitor will have an immediate effect, with individuals unwilling to face the risk of legal action.

Where necessary, we can arrange for mediation to take place. This is a meeting with a neutral mediator who will speak to you and your neighbour, either together or separately, and help you explore ways in which the issue could be resolved.

Unlike court, a mediator cannot make a ruling or impose a decision on you. Any outcome would be one that both you and your neighbour agree on. It can be a good way of both resolving a problem and avoiding any further deterioration in the relationship between you and your neighbour.

If necessary, we can discuss litigation with you and prepare a case for court. We have an excellent track record in handling neighbour disputes, to include using alternative dispute resolution and court.

Contact our East Yorkshire property dispute and quiet enjoyment solicitors

If you are experiencing problems with the quiet enjoyment of your home or a neighbour dispute, contact us today and we will do all we can to resolve matters.

You can ring us for a FREE initial chat on 01482 300 200, email us at welcome@lockings.co.uk or fill in our Free Online Enquiry and we will call you back promptly. We have offices in Beverley, Hull and York and represent clients across the East Yorkshire and York area.