Despite pressures elsewhere, social landlords must have a policy for dealing with noise nuisance

It is unfair to both the complainant and the complained-about for the noise to be treated as something it is not, and it is harder for the landlord to make consistent and reasonable decisions if it does not have the right framework for all types of noise reports.

Further, this approach entrenches disputes and mismanages expectations.

The unintentional offence caused by describing the noise as ‘low level’ because it is seen through the prism of ASB – when it is causing distress to the resident – could be avoided, as would residents completing countless diary sheets to no avail.

It is time for landlords to develop a strategy for handling non-statutory noise seriously, sensitively and proportionately. That our maladministration rate is 62% when the noise is non-statutory underscores this need.

“The treatment of noise in the Decent Homes Standard is also limited and not reflective of modern living”

And while the noise experienced could be that of any tenure, the presence of a professional landlord is different and there is an opportunity for a more holistic approach than exists elsewhere.

Before we come to how to fix this, it’s worth reflecting on why landlords ended up here, and how it’s largely a reflection of successive legislation focused on ASB rather than their own experience through the complaints they handle.

The treatment of noise in the Decent Homes Standard is also limited and not reflective of modern living. The ongoing review of the standard could address this gap.

This may also be the place to consider sound insulation, which is challenging given the age and type of some social housing. That said, landlords are looking at their homes differently because of carbon reduction and this may present opportunities as part of any retrofit.

However, landlords’ immediate focus should be on prevention by updating the void standard to ensure that carpets are not routinely removed, but hard flooring is removed when there have been reports of noise, and should anti-vibration mats under white goods. The difference this would make should not be underestimated.

Next, landlords should adopt a proactive good neighbourhood management policy, distinct to the ASB policy, with clear options for maintaining good neighbourhood relationships. A sound policy is essential to any effective service.

This should include mediation, an approach that should work better but lacks confidence among residents because it can be deployed too late and under an ASB label.

Landlords should also consider their presence on estates given how effective it can be, and housing associations should be given the same information by councils, as they do to their management arms, to identify and mitigate any issues.

“We found that noise report handlers may not be routinely listening to noise recordings submitted by residents”

We recommend ways to strengthen ASB policies too, but it is disappointing that half the cases of maladministration involved poor records. Alongside better communication, good record-keeping is something the sector needs to grip.

Lastly, where a resident is not afforded respect, neither are their complaints.

I have concerns about the risk of unconscious bias in handling noise reports. While I did not find evidence of actual bias in our investigations, residents’ anxieties about their reports being dismissed did come up.

This perception arose because of their age or having previously complained, and we did find maladministration in some of those cases because the landlord had not taken action or thoroughly investigated.

Separately, we found that noise report handlers may not be routinely listening to noise recordings submitted by residents.

Our lives are changing and our built environment is becoming denser. This issue could impact any resident tomorrow. Our recommendations are practical and cost-effective; despite the pressures, it is critical that landlords prioritise developing their approach.

Richard Blakeway, housing ombudsman