You are here:

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.


Private rented tenants
While action to deal with anti-social behaviour is primarily a matter for An Garda Síochána, in the case of noise nuisance being caused by individuals in private rented accommodation, 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 which is defined as including behaviour that prevents or interferes with the peaceful occupation of other dwellings contained in 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 who are adversely affected by a failure on the part of a landlord to enforce tenant obligations, to refer a complaint to the Residential Tenancies Board (RTB) in accordance with the procedures in the Act. However, a specific condition is that the third party complainant must have taken reasonable steps to resolve the matter by communicating or attempting to communicate with the parties to the tenancy concerned. All privately-rented properties must be registered with the RTB.


Local authority tenants
Noise nuisance and other problems caused by local authority tenants are also covered under legislation. The tenancy agreement, which is the legal basis of the relationship between the local authority and its tenants, will generally contain provisions in relation to the type of behaviour that is acceptable, and that which is not. The local authority is empowered under Section 62 of the Housing Act 1966, to initiate proceedings to secure an eviction where a tenant has breached the conditions of the tenancy agreement. Please contact your local authority if you have a complaint regarding the behaviour of one of their tenants.

 

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