The Term 'Neighbours From Hell' Includes Commercial Landlords and Businesses, Avoid Being One

In the last few years the issue of nuisance neighbours has steadily crept up the news agenda, with sometimes shocking stories hitting the headlines. For many the misery of noisy or anti social behaviour is now being properly addressed by the law. So how do you as commercial landlords avoid falling foul of laws designed to protect people from nuisances and noise?

If you are an owner of a commercial property you have an absolute legal responsibility not to cause any nuisance to anyone living in the area. When we talk about nuisance, what do we mean? Well, it can mean quite a lot. Courts now have a very wide definition of what constitutes nuisance. The law of nuisance clearly sets out exactly how nuisance is defined.

It is usually a requirement that evidence of noise pollution is required before a court will actually prosecute against the landlord of a commercial property, and so these cases can go on for some time before anything is done.

In order to avoid being a noisy neighbour and causing disturbance among local residents, it is important that you take the time to find out what constitutes 'nuisance' or 'noise pollution'. There are many things that people may consider to be a annoyance.

One of the main points that the law states is that you must not be causing unreasonable noise or problems for local residents. For instance blocking another residential driveway or entrance to other premises would be unreasonable. Or if the work undertaken within the commercial premises is noisy, it would be unreasonable to continue the noise on past say, 7pm when residents are at home.

The principle of 'unreasonableness' also applies to other areas. For example, neighbours may often file a complaint against unreasonable noise, smells or sights emanating from a business. Noisy customers leaving a pub at closing time or lots of rubbish and smells from a takeaway may both be cause for complaint from neighbours of the business. In court, the extent of the impact of these 'nuisances' will be considered when deciding if there is action to be taken.

The most problems seem to come from commercial premises where alcohol is sold and consumed, as customers can become noisy, may not be respectful of the area or premises, and may fight in the street or drop litter. This can be distressing for residents who have to put up with the behaviour on a regular basis, especially at weekends when they are trying to relax after a week at work.

Trying to avoid nuisance is all fine and well, but the law now contains a catch all clause that can cause commercial landlords who are ignorant of it a lot of trouble. The law states that they may not cause a nuisance 'or annoyance' The problem of annoyance is illustrated by the case of a developer in 2008 who completed a three storey extension, compliant with planning permission. Locals who were not happy with the development complained and took the landlord to court. He was found not guilty of having created a nuisance, but the extension was deemed to have breached his responsibility not o cause an annoyance.

The new 'annoyance' rules are generally easier to evidence than 'nuisance', and thus more and more landlords are being caught out when residents complain of an annoyance.

So what's the most sensible path to tread with these troublesome regulations? Well the most cost effective strategy is to prevent a situation from flaring up in the first place. Common sense and judgement will always save you a lot of time and heartache. Make it a priority to know your neighbours, especially the nearest residential ones. A little effort put into getting on with them will pay dividends. Build a relationship with them and be willing to listen to their concerns, offer compromise where necessary, and the chances are you won't annoy them, or if you do, you will be able to resolve things without expensive court action.


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Timothy Frodsham writes for Just Commercial Mortgages the UK's No.1 site for the latest commercial mortgage rates and commercial property finance news.