25 Jun 2025

Noise

Using Audio Evidence to Support Housing Enforcement Action

Using Audio Evidence to Support Housing Enforcement Action

This case concerned reports from a resident complaining of persistent noise disturbances from the flat above theirs. The complainant described the issue as constant loud music, sometimes during the afternoon, but often in the evening and into the night. In response, Hyde Housing Association sent an initial letter to the upstairs neighbour to make her aware of the allegations, as well as several progress letters to keep both parties updated on the ongoing reports. Due to the problem persisting, Hyde’s Environmental Health Department then served a formal noise abatement notice in March 2023. 

Despite this early intervention, the noise issues continued. In June 2023, Hyde escalated its response by serving a ‘notice of seeking possession’ (NOSP) on discretionary grounds and proceeding with a legal application for an injunction and possession of the property. An injunction order was eventually granted in November, placing a legal obligation on the tenant to cease the disruptive behaviour. However, Hyde continued to receive multiple reports of continued disturbances, prompting an application for committal in January 2024 due to ongoing breaches of the court order. 

In April 2024, Hyde began using The Noise App, which allowed the complainant to submit real-time audio evidence. The first recordings captured loud music, banging noises, shouting, singing and disruptive activity, often late at night. By the time of committal proceedings, a total of 193 recordings had been submitted, providing clear and consistent evidence of continued anti-social behaviour. 

To support the committal application, Hyde submitted a Scott schedule detailing 10 separate incidents of alleged breaches, one of which was corroborated by a direct witness from the Environmental Health Department, while the remaining incidents were substantiated by recordings submitted via The Noise App. During the committal hearing, the tenant admitted to breaching the injunction on three separate occasions. 

As a result of the confirmed breaches, Hyde served a mandatory NOSP under the relevant legal grounds. The claim for possession was amended to include a mandatory ground based on serious anti-social behaviour. The court scheduled a possession hearing, which was later adjourned to allow the defendant time to submit a defence and counterclaim. This hearing was suspended, on terms set by the judge, until May 2030.

Regarding sentencing for the injunction breaches, proceedings were delayed after the defendant claimed to be unwell and unable to attend court. A new date for sentencing was set, and the case remains ongoing pending the outcome of that hearing. 

This case illustrates the effectiveness of combining traditional enforcement measures with modern tools for evidence-gathering. The ability to capture clear, consistent audio evidence played a key role in supporting legal action and progressing the case, highlighting how digital solutions like The Noise App can enhance the effectiveness of anti-social behaviour investigations.

For more information, support or training for managing noise nuisance complaints, just get in touch.

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