Noise Rules for Renters in Shared Housing in Scotland

If you live in shared housing—like an HMO (House in Multiple Occupation), flatshare, or as a lodger—in Scotland, noise is a common concern. This article explains your rights and responsibilities, what legal protections exist under Scottish law, and practical steps you can take when faced with noise problems.

Understanding Noise Rules in Shared Housing

In Scotland, tenants in shared accommodation have the right to enjoy their home "quietly and peacefully." This principle is part of your tenancy agreement and supported by law. However, entirely eliminating noise in shared buildings isn't practical, so it's about balancing everyone's reasonable enjoyment.

What Counts as Unreasonable Noise?

Unreasonable noise covers things like:

• Loud music or parties late at night
• Shouting or raised voices, especially during quiet hours (usually 11pm–7am)
• Frequent banging on walls or persistent disturbances
• Loud TVs, instruments, or appliances used inconsiderately

Normal living noises (talking at a normal level, moving quietly, etc.) are generally not considered unreasonable. What matters is how intrusive and persistent the noise is.

Your Rights and Landlord Responsibilities

Your right to peaceful enjoyment is protected under Scottish tenancy law, including the Private Housing (Tenancies) (Scotland) Act 2016.¹ Landlords must also ensure that the property is managed properly, particularly in licensed HMOs, to prevent anti-social behaviour, including excessive noise.

• If you're in an HMO (House in Multiple Occupation), your landlord has extra legal duties under the HMO licence to deal with tenant behaviour.
• All tenants and visitors are expected not to disturb others or cause a "nuisance."

What Can You Do About Noise Problems?

If you're regularly disturbed by noise in your shared housing, there are several steps you should take before seeking outside help.

• Talk to your housemates: Calmly explain the noise is impacting you, and try to agree on quiet times or solutions.
• Contact your landlord or letting agent: If talking doesn't work, inform your landlord. Under Scottish tenancy law, they're responsible for managing issues like anti-social behaviour in the property.
• Keep a diary: Record details of the noise (dates, times, type, and impact). Evidence will help if you need to escalate.

Reporting Noise to Your Local Council

If the problem continues, you can report "statutory noise nuisance" to your local council’s Environmental Health team. Councils can take formal action under the Environmental Protection Act 1990.²

• Councils often offer a noise complaint service and may investigate, visit, or issue warnings or Abatement Notices if the noise is proven to be unreasonable.
• Abatement Notice: If served, this legally requires the person causing the noise (or the landlord in some cases) to stop or limit it.

Using Official Forms and Tribunals

While council noise complaints usually don’t involve a tribunal, if your landlord fails to protect your right to peaceful enjoyment, you may take action through:

• First-tier Tribunal for Scotland (Housing and Property Chamber) — deals with tenancy disputes, harassment, and breach of landlord duties.

Relevant form:

• Application to the First-tier Tribunal (no specific form number). Use this if your landlord is not taking action regarding excessive noise or anti-social behaviour.
• When and how to use: If your landlord ignores your requests to resolve noise or nuisance issues, submit this application outlining the situation with supporting evidence (like diary entries). The tribunal can make legal orders for landlords to comply with their duties.

FAQ on Noise Problems in Shared Housing

1. What are the council's quiet hours for noise complaints in Scotland?
   Most councils treat 11pm–7am as typical "quiet hours" where noise is less tolerated and more likely to be considered a nuisance. However, nuisance can happen at any time.
2. Can my landlord evict me for making too much noise?
   If you’re found to be causing anti-social behaviour or persistent noise, your landlord may begin eviction proceedings, especially in HMOs. They must follow legal process via the First-tier Tribunal for Scotland.
3. Is my landlord responsible for housemate noise in an HMO?
   Your landlord must manage anti-social behaviour in HMOs as part of their licence. Failure to do so can result in council action or a tribunal complaint.
4. What evidence should I give when complaining about noise?
   Keep a detailed diary, audio recordings (if safe), and any relevant correspondence with your housemates or landlord.
5. How do I apply to the First-tier Tribunal about noise issues?
   Complete the Application to the First-tier Tribunal form including details and evidence, and submit online or by post as directed by the Housing and Property Chamber.

Conclusion: Key Takeaways

• Scottish renters in shared housing have rights to reasonable peace and quiet, protected by law and tenancy agreements.
• Start by communicating, keep records, and escalate to the council or First-tier Tribunal if problems persist.
• Landlords, especially in HMOs, have legal duties to manage noise and anti-social behaviour in the property.

Being proactive and informed helps you resolve noise issues and safeguard your right to peaceful enjoyment in shared accommodation.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – handle tenancy disputes, landlord duties, and anti-social behaviour complaints.
• Mygov.scot - Renting and your Rights – Scottish Government information on renter rights and anti-social behaviour.
• Citizens Advice Scotland: Housing Complaints – guidance and local support for renters with noise issues.
• Contact your local council's Environmental Health Team for noise complaints and investigations.

---

1. Private Housing (Tenancies) (Scotland) Act 2016, Section 44
2. Environmental Protection Act 1990

Categories

Tenant Rights & Responsibilities Rent, Deposits & Increases Tenancy Types & Agreements Moving In & Out Procedures Repairs, Maintenance & Housing Standards Eviction Notices & Repossessions Shared Housing, HMOs & Lodgers Discrimination, Harassment & Accessibility Utilities, Bills & Council Tax Affordable Housing, Social Housing & Benefits Dispute Resolution & Housing Tribunals Health, Safety & Fire Regulations Privacy, Landlord Entry & Surveillance Unusual & Special Tenancy Situations Renters’ Insurance & Liability Homelessness Support & Post-Eviction Help Landlord Duties, Licensing & Penalties Housing Law, Legal Updates & Case Studies Mental Health, Disability & Vulnerable Renters’ Rights Rent Repayment Orders & Compensation