The first thing to do is to check your lease to see whether it has any terms in relation to nuisance. Usually the lease will have a provision with regards to causing nuisance to other occupiers in the building but you would need to check that this is the case.
The lease should set out how these terms can be enforced. It is normally the landlord who has the power to enforce the terms of the lease. This means that a leaseholder will generally need to instruct the landlord to enforce the covenants against another leaseholder and where required by the lease indemnify the landlord against the costs involved.
Social housing landlords are obliged to have in place and publish procedures to be able to deal with antisocial behaviours. Examples of the types of behaviours concerned include noise and harassment.
In some leases certain covenants may be mutually enforceable. This means that a leaseholder could take legal action directly against another leaseholder for breach of covenant.
In the first instance it may be advisable to try to resolve the matter amicably perhaps through mediation.
More information you might find useful:
- Living in Leasehold Flats
- Find a Civil Mediation provider
- More Frequently Asked Questions on Breach of Lease
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