This section looks at some of your rights and responsibilities as a tenant, home-owner or neighbour.

Rights to Quiet Enjoyment of your property

Section 79 of the Environmental Protection Act 1990 (EPA) states that the following noise matters constitute a statutory nuisance:

• any animal kept in such a place or manner as to be prejudicial to health or a nuisance
• noise emitted from premises so as to be prejudicial to health or a nuisance
• noise that is prejudicial to health or a nuisance and is emitted from or caused by a vehicle, machinery or equipment in a street or, in Scotland, road.” (Equipment includes a musical instrument).

It does not apply to noise made by aircraft (other than model aircraft), traffic, naval, military or air force, or political demonstrations.

Often it is sufficient to prove that there is:
“material interference with the personal comfort of residents in the sense of material affecting their well-being.”

If you have a problem with noise as defined above, you should contact Wolverhampton City Council via City Direct:

Phone: 01902 551155
Email: city.direct@wolverhampton.gov.uk
The Council has a legal responsibility, where reasonably practicable to investigate the complaint, providing it counts as a statutory nuisance.

Once the local authority has determined that a noise nuisance exists, it must then serve an abatement notice either requiring the noise to be abated (stopped) completely or restricting or prohibiting the noise, or demanding that works be carried out the stop the noise.
The person served with the notice then has 21 days to appeal to a magistrates court.
A Noise Abatement Notice is a legal notice, so if the noise is still not abated then the person served with the notice is considered to have committed an offence and will be fined.
If the offender continues, proceedings can be taken to the Magistrates Court under Section 82 of the Environmental Protection Act.
These are considered criminal proceedings, and therefore they require proof appropriate for criminal proceedings i.e. ‘beyond reasonable doubt’.
If the case is not found in your favour then you could be liable not only for your own costs, but for the costs of the other party and perhaps compensation too.

The Noise Act 1996
The Noise Act 1996 is a more specific act relating to noise at night.
“night hours” means the period beginning with 11pm and ending with the following 7am."
As with the Environmental Protection Act, it states that if a complaint is made then the local authority must take reasonable steps to investigate it.
If the local authority feels that the noise being emitted during the night hours exceeds permitted levels, then they can serve an abatement or ‘warning’ notice.
The Noise Act states that a permitted level is:
“a level applicable to noise as measured from within any other dwelling in the vicinity from an approved device… different permitted levels may be determined for different circumstances”
The person creating the noise nuisance can then be served with a fine or ‘fixed penalty notice’.
If the warning notice has been served and the noise still hasn’t abated, then the Noise Act grants the officers of the local authority the power to enter the property in question and seize any equipment being used to make the noise.

Noise and Statutory Nuisance Act 1993
This act includes the amendments to the Control of Pollution Act 1974 and the Environmental Protection Act 1990 which adds to the existing list of statutory nuisances:
“noise that is prejudicial to health or a nuisance and is emitted from or caused by a vehicle, machinery or equipment in a street”
This also includes unattended vehicles, machinery or equipment.
It does not apply to noise made by aircraft (other than model aircraft), traffic, naval, military or air force, or political demonstrations.
This act also states that the use of loudspeakers in the street is banned between 9.00pm and 8 am. A local authority can consent to loud speakers being used in their area, but an application must have been made to them in writing and they then must inform residents of this in a local newspaper two weeks before it will be used.
As with the Environmental Protection Act, abatement notices can be served by the local authority either on the owners of the vehicle/equipment or in the event of an abandoned vehicle/equipment directly on the vehicle/equipment itself. These amendments also allow if necessary the vehicles, machinery or equipment to be entered, immobilised or removed.
The act also covers the installation of audible intruder alarms and states that the alarm must:
“comply with any prescribed requirements… and that the local authority is notified within 48 hours of the installation”
Requirements include that the local police be informed of the addresses and telephone numbers of the current key-holders. The installation of an alarm without meeting requirements can result in a fine.
The act also allows an officer of the local authority to enter a premises (though not by force, and with a constable) to turn off an alarm that has been going for more than an hour.

 

Private Landlords

You can find some vacant properties owned by private landlords by contacting lettings companies, or looking in the local newspaper.
Most of these do not have accessible properties.
Some estate agents also rent properties.

Adaptations

If you live in a Wolverhampton Homes property and you need it to be adapted so you can get around, the first thing you need to do is get an assessment of your need.
Contact: Community Equipment Service, Craddock Street, Whitmore Reans, Wolverhampton, WV6 0QJ
Phone: 01902 553666 more>

If you own your own home or have a mortgage, or you are the tenant of a propoerty not owned by the Council/ALMO, you may be eliglbile for a Disabled Facilities Grant. More>

Junk Mail

If you want to cut down on the junk mail you receive, or stop all those calls from people trying to sell you windows or insurance you can contact the Mail Preference Service by telephone 0207 2913310 or online>

To put an end to telephone sales, call 0845 0700707 or register online>

It takes about 6 week for the cancellation to come into effect.