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Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
Question: Our neighbours often have noisy parties that keep us awake at night. We don’t really want to call the Gardaí – what else can we do?
Answer: Noise nuisance can be a frustrating problem, especially if your family’s sleep is disturbed. You should first talk to your neighbours about the noise and explain how it is affecting your family.
Keep a note of these discussions. You could also keep a noise diary, noting the type of noise, time, date, duration and its effects on your family.
If this doesn’t work, you can write to your neighbours, giving details of the noise and how it is disturbing you.
You may suggest to them that you will take legal action if the noise continues. Keep copies of your communication with them.
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If your neighbours are private tenants, they are not allowed to engage in anti-social behaviour – this includes persistent noise that interrupts the peace of other homes.
You can complain directly to the landlord if you do not get a satisfactory response from the tenants.
You can also complain to the Residential Tenancies Board (RTB) if the landlord does not deal with the problem. (The landlord must be registered with the Residential Tenancies Board.)
Tenants of local authority housing must also avoid any nuisance (including noise) to other people in the neighbourhood.
If the noise persists, the tenants are in breach of their tenancy agreement and the local authority can take steps to enforce the terms of the agreement.
If the noise continues to be a problem, you could check if there are mediation services available in your area to help you resolve the dispute. You can also file a complaint in the District Court.
At least seven days before the date for the hearing of your case, you must serve notice on your neighbours, using the Environmental Protection Agency Act 1992 – noise form of notice. If the court finds in your favour, it can order your neighbours to take measures to prevent or limit the noise.
Further information is available from the Citizens Information Centre below.
• Contact us in Tralee on Tel: 0761 07 7860 Killarney 0761 07 7820, Listowel 0761 07 7840 Kenmare 0761 07 7810, Killorglin 0761 07830 & Caherciveen 0761 07 7780.
Information is also available online at citizensinformation.ie and from the Citizens Information Phone Service, 0761 07 4000
