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Appropriate Action

There are a number of courses of action that individuals may take when dealing with a noise issue. This will depend on the nature of the noise and the status of the complainant.

Guide to the Noise Regulations can be useful to those needing assistance.


Private rented tenants
Action to deal with anti-social behaviour is primarily a matter for An Garda Síochána. The Residential Tenancies Act 2004 imposes obligations on landlords and tenants of private residential tenancies. Tenant obligations under the Act include an obligation not to engage, or allow visitors to engage, in anti-social behaviour. Anti-social behaviour includes behaviour that prevents or interferes with the peaceful occupation of other dwellings. These dwellings can be those contained within the property, or other dwellings in the neighbourhood. The Act also imposes an obligation on landlords to enforce the tenant obligations.

There is provision in the Act for third parties affected by a failure on the part of a landlord to enforce tenant obligations. A third party can refer a complaint to the Residential Tenancies Board (RTB). However , a specific condition is that you must have taken reasonable steps to resolve the matter. You must do this by communicating or attempting to communicate with the parties to the tenancy concerned. All private rented properties must register with the RTB.


Local authority tenants
Noise nuisance and other problems caused by local authority tenants fall under legislation. The tenancy agreement is the legal basis of the relationship between the local authority and its tenants. It generally contains provisions in relation to the type of behaviour that is acceptable, and that which is not. Under Section 62 of the Housing Act 1966, the local authority can begin proceedings to secure an eviction. Proceedings can begin where a tenant has breached the conditions of the tenancy agreement.

 

Private Home-Owner
If the person causing a noise nuisance is a private home owner the potential remedies outlined above do not apply. In this case, you will have to avail of the remedy provided for under the Noise Regulations. Any individual person, or a local authority, may complain to a District Court seeking an Order to deal with the noise nuisance.