Noise nuisances: how councils deal with complaints
Guidance: avoiding misunderstanding/conflict
LEASE
The Gables development
Planning permission sought for frontal loft area.
Writer Nick Garrett. 17/02/2025
I am one of the 2 resident ‘landlord’ freeholders applying for the permission F/TH/24/1431
Seraina Baumgartner. Nick Garrett. (Landlord freeholders BERRY HOUSING SERVICES LTD).
There are 9 ‘tenanted’/Leasehold flats with 125 year leases (issued from 2018-19).
INTRO - FAIR AND REASONABLE
My intention is to clarify and alleviate uncertainty around some of the concerns expressed, regarding proposed restoration of the loft rooms. Important factors such as disturbance and noise during the building stages are issues that can be addressed, minimised and to a great extent resolved as I have show by for example splitting works in order to add down time peace and quiet enjoyment.
Firstly the unhelpful nature of the personal attacks that characterise planning comments only serve to show the negativity that sadly prevails, despite our efforts, from a a few of the original tenants.
As major stakeholders in the house we are dynamic in the care for the Gables and peaceful quiet enjoyment of the house. We have continuously upgraded and improved management along with the upkeep of communal areas not one of those tenants have contributed to any ideas or projects around the house.
As landlords our policy is to keep our tenants secure and happy and expect only open communication and fair compliance with regulations when needed.
Certainly there has been no derogation of grant by us, and we have needed to be vigilant regarding for example leaseholder storing/dumping of personal items in communal areas and remaining compliant and helpful regarding persistent sound abatement, lease breaches, aggressive dog, abuse and arrears.
Our approach follows this general process:
Discuss issues and concerns openly and fairly.
In the event of disregard of lease regulations we normally issue a second and third reasonable compliance requests and opportunity to talk things through.
In the event of refusal to resolve we are entitled to issue an notice to clarify situation and further legal position costs will be borne by tenant.
If a tenant threatens any landlord, it's important to take the situation seriously and handle it appropriately. Here are some steps we will implement and consider:
Stay Calm: Try to remain calm and composed. Avoid escalating the situation.
Document the Threat: We will document exactly what was said, including the date, time, and context of the conversation. If there are any witnesses, note their names.
Communicate Clearly: If we feel safe doing so, communicate with your tenant to clarify their concerns or grievances. Sometimes, threats arise from misunderstandings.
Know Your Rights: We understand local laws regarding landlord-tenant relationships. Understand your rights and responsibilities, as well as the legal implications of threats.
Consider Mediation: If the situation allows, consider mediation to resolve conflicts. A neutral third party can help facilitate a conversation.
Involve Authorities if Necessary: If you feel threatened or unsafe, do not hesitate to contact local law enforcement. They can provide assistance and ensure your safety.
Seek Legal Advice: If the situation escalates or if you are concerned about your safety, consult with a lawyer who specializes in landlord-tenant law. They can advise on options.
Review Lease Terms: Check the lease agreement for any clauses that address tenant behavior and potential violations.
Take Precautions: If we feel unsafe, consider changing your routine or increasing security measures around your property.
Handling threats from a tenant can be challenging, but prioritizing your safety and understanding your legal options is crucial.
TENANT CONCERNS
Concerns included disruption and the addition of waste system on existing pipe runs and see this space as negative, ‘smaller’ property. All of these concerns can be addressed and clarified.
WASTE WATER SYSTEM
Currently there are 2 sets of waste water run offs. The lower coastal side system serves the majority of the flats. The Northdown Road side serves flats 8, 5, 1 and 3.
The loft flat would branch into Northdown Road side as this side sees lighter use.
DISTRUPTION: INSTALLING SOUND PROOFING (pre-build)
Before work commences preparatory work will include installation of site sound proofing, with primary intention to install sound proofing insulation to the existing ceiling and loft floor to act as a buffer and safeguard.
The materials will be high quality vibration absorption matts, Sound block floating floor panels, with additional soft roll-in matting and the installation work is largely silent.
The result will be a permanent sound barrier of 85 DCB reduction.
SIZE OF DWELLING
I would also like to clarify the national and local stipulations for min sizes for flat development as set out in this guide:
RESIDENTIAL OCCUPIERS - STATUTORY RIGHTS
https://www.thanet.gov.uk/wp-content/uploads/2019/05/0376_flatsconversion.pdf
Referring to page 8 of the above document:-
... the Council considers that self-contained units, with an overall
floor area less than the following dimensions are too small for separate habitation:-
*Self-contained two bedroomed flat - 50 sq m (538 sq ft)
(iii) Size of Rooms
The Council believes that the above ‘minimum room sizes’ are necessary in order to safeguard the standard of accommodation within the District.
66 SQ M OF SPACIOUS LIVING
It has always been our design intention to create a quality spacious new home.
The proposed flat overall dimension is 66 square meters (above the requirement), and in all areas of the interior/room design, offers a flexible room arrangement, both comfortable and practical, which would including superb light fall, and a practical laundry utility room.
This has been over the past 2 years an intelligent, thoughtful design-led project. At each step SEARC (architectural design) completely befitting of this historic building.
SINCE 1900 - THE ORIGINAL LOFT ROOMS
The loft area housed staff quarters from the time of original building. The continuation of the existing staircase accessing the bedrooms was removed some time in the 1960s. Presently there are the 3 main rooms remaining in the loft today.
During recent refurbishment works c2018 the loft was used to store building waste and T&G wood used in the original bedroom partitions but removed during roof timber refurbishment works 2017-18.
Since 1900 there has therefor always been a loft dwelling but has only recently been closed off.
The original panelled walls and timber flooring remains.
MAIN SITE WORK - BERRY PROFILE
Works are not likely to start until 2026-27.
SITE WORK CARE & 30 YRS CONSTRUCTION INDUSTRY EXPERIENCE
As shared owners we share concerns and impact: we also want to keep solutions and ideas open and free of misunderstandings. As refurbishment and restoration professionals (NGS Signwriters London) we regularly work in demanding, luxury site settings, and are fully aware of the short term disruptions and expectations to be met.
In the past I have installed 2 loft extensions in other home improvement projects, requiring extensive alterations and steel insertions. This was at a time when I too had a young family and was a concerned parent, and so from that process and experience I have some assurances to make here.
I am empathic to what has already been commented on regarding this project over the past 12 months but disappointed that the tone became negative in the absence of any open, respectful conversations and dialogue.
My intention is to be a considerate, supportive neighbour and help maintain quiet enjoyment for all in Norfolk Road.
CLEARING THE EXISTING LOFT APARTMENT SPACE - 2024-25
First part of the works were started by creating a secure loft hatch, clearing 400kg of disposed wood from the loft area. Works conducted by Margate Clearance Ltd and took 6 hours, with all areas plastic sealed and full on-point clean completed by 6.30pm on the same day.
The removal was impeccable with only a few retouches to paintwork required.
Per annum and on a monthly basis, we as freeholders personally clean, retouch and keep the communal areas in pretty close to immaculate condition.
LOFT INSTALLATION WORKS 2026
The installation of a dwelling will require a steel structural framework.
The continuation of the existing staircase, will unfortunately incur disruption, and clean up. As a live-in owner, also do not look forward to the stair-case installation phase of works which will last a week or so. and will aim to seal off dust, and make immediate full site clean-ups whenever necessary.
FLOATING FLOOR INSTALATION
The new dwelling floating floor will be set suspended above the existing structure of the apartment 7-8 ceilings and the existing loft floor.
It will therefore have no contact points with the existing ceilings.
I will instruct contractors to design and divide this installation into 3 phases.
These 3 sections aim to minimise noise and interference by reducing work blocks wherever possible – rather than install the whole area in a single phase. We can aim to time works with vacations for example so that tenants on 2nd floor can be away at time of works.
Section 1. Centre. Sections 2-3 Left and Right. This section 1 first phase of work, will take 2-3 weeks and the incumbent noise will be minimised.
Having completed the preliminary sound-proofing, the noise of the installation process itself will be significantly lowered.
The new floating flooring section will itself be a fully soundproofed panel, which will actually act as a barrier, sealing off the noise from construction works above and below, to a very large extent.
Once the floating floor is installed the sound barrier will become effective.
The nature of this installation type of works does not involve a large extent of the type of machinery for example necessary for ground works.
Most of the works are cut/trim/fix.
Tenants of flats 7-8 will be assured that any noise will end at 4.30pm each day. That the sound proofed ceiling and further the new sound proofed floor panel above them will act as sound barrier.
The timeline of new loft floor installation will total maximum of 4-6 weeks.
As shared owner and occupier of the house we too are committed to keep our neighbours safe from intrusion and at all times are open to explore ways to help make concerns solutions.
FUTIURE OF LOFT
We have the intention to offer the use of the apartment to the residents for visiting family and friends to use for concession rental fees throughout the year. One of the rooms can also serve as a communal studio and office.
PLANNING AND POTENTIAL STORAGE SPACE
In the event that planning is declined, the upper roof rooms, having been part of the original house will be used either as office or storage space - offered again to the Gables house.
We are available to discuss, but having experienced abuse and anger from previous tenants, will reserve the right to ask for polite exchange, and arranged to take place ideally by Zoom.
Contacts can be made in writing or via the website www.gableshouse.org
I hope this assists the understanding of works.
If you are feeling confused or concerned please email me at:
Nick Garrett.
MARGATE, ALL ABOUT - THE DEFINITIVE HISTORICAL GUIDE
Berry Housing Services.
Freehold Management at The Gables
www.gableshouse.org
Firstly welcome to the Gables and hope you are settled in ok.
This is a general note sent out to all tenants/occupants of the house.
Our personal and gables philosophy is to be good neighbours and supportive. Peaceful but strong.
If people want to drop by and chat our door is No 6.
Garden party!
The garden is blooming! It’s not Kew but it was a dump 2 years ago, so we are really excited about its transformation. If you like fresh herbs we have a great herb garden growing, and feel welcome to indulge in a bit of mindful gardening if you enjoy.
Quiet, Caring Cabin life
It’s a shared house despite walls and door numbers, and to mention things that crop up, should not be feared or invoke argumentative or negative responses a result. We’re here to help each other and build rapport.
NICK: How I considered my neighbour folks..
Cooking aromas, Tip-toe steps, Music etc.
‘’If anyone asks me to be more considerate or make changes, I immediately listen and remain open and helpful’’.
Cooking: One neighbour (previously) said they could smell my Italian cooking habits, so I checked the extractor pipe and found it had a hole in it which was causing the problem… Tip: fixed it straight away.
My music amplifier is a pro guitar amp and can fill Wembley!!… that had to stay off or low only when neighbours are away. It’s powerful!! Tip: Check your bass settings switch off Sub Woofers or replace.
Quiet stepping Tip: front-of-foot landing/stepping (not heels) and it saved my mum a lot of stress as a kid.
Washing Machine.
Also a couple of tips: we use the night-time +short spin wash cycle to help minimise vibrations to flats adjacent and below.
Nick. Gables Freehold.
Quora: Jakk Jakk
Consideration for others, probably self-awareness or lack thereof.
Mostly having little animals with my mother growing up… I stepped on my small dogs tail pretty often, learned to keep my feet low to the ground, but I always walked pretty softly whether it was to reduce sound or to be more sure footed.
https://www.quora.com/Why-do-some-people-stomp-when-they-walk
Discussions rather than Disputes
When pals get home let’s face it, we hate being told what to do, even when we are being asked politely!
Most disputes are avoidable though when things are explained and shared calmly and sensitively. Seeing it from the other side really helps.
Leases regulations: It is important to read all tenancy or leaseholder contracts and agreements and be familiar with and understand all points. As freeholders we will only respond be referring to the lease and any other Freeholder legal requirements – this focuses any issue in a practical/non-emotional way.
Disputes tend to escalate when people feel emotionally attacked or criticised.
There have been some outbursts at times which were unnecessary and unacceptable.
Best to all,
Nick Garrett.
Gables Freehold
Context & Extract of Lease
Guide to Quiet Enjoyment: avoiding misunderstanding/conflict
LEASE
Introduction
This page intends to clarify from all sides fairly and show solutions in order to avoid conflict and as far as possible any procedural processes.
Freeholder management.
Get details about the problem
Find out what your neighbour is unhappy about and what they want you to do. Get as much information as possible, for example the dates and times of the problem and how it affects them.
If the complaint came through someone else, for example your landlord, ask them for details of what your neighbour’s unhappy about.
If your neighbour complained directly to you, you can speak to them in person or write a note - it depends what you feel comfortable with. If you speak to them in person, think about what you’re going to say first.
You can take a friend with you for support.
Check if your neighbour’s complaint is valid
Sometimes it’s obvious your neighbour is wrong, for example they say you’re making noise but it’s coming from a different house.
If you’re not sure whether their complaint is valid, there are ways you can check.
If you don’t think your neighbour’s complaint is valid
Explain to your neighbour that you disagree with their complaint and say why. If they reported you to someone else, make sure they know you’re not responsible. It’s a good idea to keep a record of what you say and how they reply.
If your neighbour doesn’t believe you, try to get proof. You could take a photo of where you park your car, for example, if they think you’re parking in their space but you’re not.
If you want to keep a good relationship with your neighbour you can try to reach a compromise.
If you need to change what you’re doing
If your neighbour complained directly to you, tell them what you’ll do differently. You can write a note if you don’t feel comfortable speaking to them. It’s a good idea to keep a record of what you said and how they replied.
If they reported you to someone else, for example the council, tell them what you’ll do differently. Ask if they’ll let your neighbour know or if you need to do this yourself.
Ask a mediator for help
You can ask a mediator for help if you want to put things right but you can’t agree how. A mediator is someone who doesn’t know either of you and who’s trained to help people resolve disagreements.
It’s a good idea to ask your council if they can help you find a mediator - they might help even if you’re not a council tenant.
You can find your council on GOV.UK.
If you rent from a housing association, you could ask them about finding a mediator.
If you still need help, you can look for a mediator on GOV.UK.
You might have to pay for a mediator.
LEASE TERMS & OBLIGATIONS
14. Not to sing or dance or play any musical instrument or equipment for making or reproducing sound or to act in such a manner so as to be audible outside the Property as to cause annoyance to the Flat Tenants or any other occupiers of the Building
25. To observe and perform the Tenant Covenants contained in:
25.1 paragraph 10 of Schedule 4; and
25.2 paragraph 15 of Schedule 4.
26. To comply with all variations of these Regulations and all other reasonable and proper regulations made by the Landlord or its agents from time to time in accordance with the principles of good estate management and notified to the Tenant that relate to:
26.1 the use of the Retained Parts;
26.2 The management of the Building and the welfare of its occupants.