Noise Complaints: Getting to grips with the Housing Ombudsman’s recommendations
Joseph Warren • February 6, 2023

Time to be heard. That’s the subtitle of the Housing Ombudsman Service’s latest report, Spotlight on: Noise Complaints. A detailed 58-page report with 32 recommendations ranging from changing policies to building community relations and working with other agencies. 


But since the report was published in late October 2022, it’s been a busy few months for social housing providers.


Much focus has been on damp and mould issues, particularly with the Regulator of Social Housing’s call for evidence following the inquest into the death of Awaab Ishak. So it’s understandable if noise nuisance hasn’t been top of your priority list. 


But it’s important not to lose sight of noise issues. Particularly as the second largest category of complaint received by the Ombudsman between 2019 and 2021 was the response to reports about tenant behaviour — leading to a maladministration rate of 43%, 


So in this article, we’re going to look at three of the main themes from the report and how some of the recommendations tie into other aspects of good housing management.


1. Getting the framework right 


We start with what the Housing Ombudsman sees at the heart of its findings: “a fundamental unfairness”.


Three-quarters of all noise reports are about ordinary household noise: movement, intermittent music, and everyday living. They’re not about anti-social behaviour. So why do over three-quarters of landlords (76%) respond to reports by using their ASB policy?


The Ombudsman says this approach is unfair – not only to the resident making the complaint but also to the resident who the complaint is about. 


It can lead to “a kind of purgatory” for the complainant. Completing countless diary sheets. Making sound recordings. Trying to prove their neighbour has been antisocial when the reality is, in most cases, the statutory threshold won’t be reached. 


A more holistic approach is needed. One that distinguishes between what might be genuine ASB and what might just be household noise accentuated by the age and type of the building. 


To help both landlords and residents, the Ombudsman wants to see the Decent Homes standard revised to reflect the realities of modern living. 


2. Prevention is better than cure


What does noise cost? 


According to the report, noise leads to both human and financial costs. “It costs individuals their mental health and well-being and it costs landlords in protracted and often futile interventions, multi-agency liaison and staff morale.”


For the Ombudsman, these costs are underestimated. But also, to some extent, avoidable. 


Around 13 of the recommendations in the report are aimed at preventing possible causes of noise. These include updating the void standard to ensure:


  • Carpets aren’t removed unless they’re in a poor state of repair


  • Properties have adequate insulation from transference noise


  • And anti-vibration mats are fitted into the washing machine space as standard.


3. Handling a noise report


Preventative measures won’t resolve all issues. So how should you handle matters once they escalate to a noise report?


The report makes recommendations on matters such as: 


  • Equipment


  • Working with other agencies


  • And record keeping (which is the subject of the next Spotlight report). 


There are three key areas of focus, however. All three concern effective communication. 


Triage


The Ombudsman says poor communication is frequently the reason for their maladministration findings. One way to strengthen communication is through triaging reports to make sure you apply the correct approach. 


Routinely using an ASB policy to handle noise reports may be one of the reasons why the uptake of mediation is poor. Managing a noise report under the label of ASB may also unduly raise expectations as to likely outcomes. 


Instead, having two clear policies – one for good neighbourhood management and one for issues that meet the ASB threshold – gives residents clarity early on in the process and helps to manage their expectations.


Respect


One of the Ombudsman’s central concerns is the degree of respect given to residents’ complaints. “Where the resident is not afforded respect, neither are their concerns.” 


The service didn’t find any evidence of actual bias in the cases it investigated. But there were instances of a perception of bias. 


It heard from residents who felt their motives for raising a noise report were being questioned by their landlord. This was often in cases where the resident had complained before. Or where the resident was elderly and they were making a complaint about neighbours with young children. 


Housing associations should make sure the tone of communication doesn’t result in perceptions of bias and that it isn’t dismissive of residents’ concerns. 


They should also start preparing for the Access to Information Scheme. Because when that scheme is up and running, residents will be able to access your internal communications. 


Timeliness and communication


In nearly all cases investigated by the Ombudsman, residents were frustrated by a lack of communication and delay. In particular, this happened when the landlord had been quick to communicate at the start of the process but then seemed to stop responding or providing updates.


Residents weren’t notified that there would be a delay and there was a glaring absence of proactive ‘holding letters’. 


So, even where you’re unable to anticipate a delay, once you’re aware you won’t be able to meet the timescales you’ve given a resident, tell them as soon as possible and give them a revised date.


Not losing sight of noise


As the Housing Ombudsman himself acknowledged in a recent podcast, social housing landlords are facing a number of real challenges. But it's important not to forget about noise nuisance. The fact that the Ombudsman’s maladministration rate on non-statutory noise complaints is 62% underlines this. 


It’s unlikely you’ll be able to act on all of the Spotlight report’s recommendations immediately. And you might find that, for the circumstances of your organisation, some ideas and suggestions are more practicable than others. 


But by starting to think about noise nuisance in a more holistic way, there’s an opportunity to make long-term savings, strengthen community bonds, and reduce the risk of maladministration findings.



If you would like some advice on handling a noise report or need a hand with writing a good neighbourhood management policy, we’re here to help. 

Renters Rights Act 2025 - CobbWarren's guide for Social Landlords

By Joseph Warren • November 14, 2025
This note will be updated as secondary legislation is published. The Renters’ Rights Act 2025 ("the Act") became law on 27 October 2025. Its provisions will come into force in phases, with the Social Rented Sector being brought into the new tenancy system in 2027 (please see the commencement section below). This guidance note covers: ■ The abolition of fixed term tenancies ■ The abolition of Assured Shorthold tenancies ■ New and amended grounds for possession of Assured tenancies ■ Updates to Court considerations for ASB ■ Changes to rent increase procedures ■ Prohibition of rent in advance ■ Changes to Notices to Quit from tenants ■ Shared Ownership leases ■ Pets ■ Commencement – when does this all apply to Social Landlords? 1. The abolition of fixed term tenancies From when the Act comes into force, you can only grant periodic assured tenancies. They'll run week by week or month by month, depending on the rental period. So if rent is due monthly, you'll have a month-by-month periodic tenancy. The Act prohibits rental periods longer than a month. You can grant an assured tenancy with a period of up to 28 days (weekly, fortnightly, or 28-day periods) or a monthly period. Where an existing tenancy has a period exceeding a month (e.g. quarterly), it becomes a monthly periodic tenancy. The Act contains a calculation for recalculating the rent in these circumstances. 2. The abolition of Assured Shorthold tenancies When the Act comes into force, you can no longer grant Assured Shorthold tenancies ("ASTs"). This also means you can no longer use Notices under Section 21 of the Housing Act 1988. Any cases where you've already served a Section 21 notice will not convert to an Assured tenancy. The Section 21 notice remains valid until: Any court proceedings based on the Section 21 notice are concluded, or The Section 21 ceases to be valid due to time (i.e. after 6 months from the date of the notice or 3 months from the commencement of the relevant part of the Act, whichever is soonest). You'll need to review your Starter Tenancy regime. Your options are to either withdraw it entirely or amend it so the Starter tenancy is an Assured tenancy from the outset but with restricted rights during the starter period (such as excluding the Right to Exchange or limiting succession rights). The Regulator of Social Housing is likely to provide more guidance on this shortly. It's anticipated that, because of the need to consult on and introduce a new Tenancy Standard, ASTs may be abolished for private landlords before they're abolished for social landlords (although the ability to grant new ASTs may be curtailed in the meantime). 3. Amended Grounds for possession 3.1 Notice periods Notice periods for Grounds 8, 10, and 11 of Schedule 2 of the Housing Act 1988 will extend to 4 weeks (from the current 2 weeks). Ground 7A will have an immediate notice period when the Act comes into force, the same as Ground 14 currently does. Both ASB grounds will therefore have the same notice period. This notice period also overrides any other grounds' notice period. There are seemingly no plans to amend the Pre-Action Protocol for Possession Claims by Social Landlords. You'll still need to offer tenants the opportunity to request a review of a notice served on Ground 7A (and/or any other mandatory grounds) before you can commence proceedings. 3.2 New Grounds for possession There are many new grounds for possession to assist in situations where you may previously have used an AST. We set out below the ones which may be most useful to you: Ground 1B (mandatory) – Use this ground to seek possession of properties let via Assured tenancies pursuant to a rent-to-buy agreement where the rent-to-buy period has expired. For this ground to apply, the rent-to-buy agreement must cap the rent at no more than 80% of market rent and must notify the tenant that they'll be offered the opportunity to purchase the property within at least 5 years (or 10 years in London). Before seeking possession, you must comply with the requirements for offering the property to the tenant. You can only seek possession where, following the granting of possession, you intend to (a) sell the property or (b) grant a lease of more than 21 years or (c) grant an assured tenancy to another person. Ground 2ZA (mandatory) – Use this ground where your superior lease has come to an end. This ground is only available for providers of social housing and agricultural landlords, persons who hold the dwelling for the purposes of making it supported accommodation, or companies majority owned by a local authority. Ground 5B (mandatory) – Use this ground where you let a property in connection with the tenant's employment, someone else now requires it in connection with their employment, and the original tenant no longer needs it for their employment. Ground 5D (mandatory) – Use this ground where the tenancy contained a specific requirement connected with the tenant's employment and the tenant no longer fulfils that requirement. Ground 5E (mandatory) – Use this ground where you hold the property for providing supported accommodation and the tenant didn't enter the tenancy for the purposes of receiving care, support, or supervision. Ground 5F (mandatory) – Use this ground where you granted the tenancy to provide the tenant with support services for a limited time to enable them to live in other accommodation in the future, and that period has ended. Ground 5G (mandatory) – Use this ground where the occupation was to assist the local authority with a section 193 homelessness duty and that duty has ended. Ground 5H (mandatory) – Use this ground where the tenant's occupation was based on meeting eligibility conditions (such as age, work, or seeking work), the tenancy set out those conditions, and the tenant no longer meets them. Ground 6A (mandatory) – Use this ground to obtain possession of a property you let to a tenant (or their predecessors in title) whilst their original property (which you also let to them) was being redeveloped. You must have alternative accommodation (which may be the original, now redeveloped, property) available for the tenant when the possession order takes effect. Ground 6B (mandatory) – Use this ground to obtain possession where: ■ You need possession to comply with: ○ A banning order under section 16 of the Housing and Planning Act 2016 ○ An improvement notice under sections 11 and/or 12 of the Housing Act 2004 (but only where overcrowding is specified as the cause of the hazard) ○ A prohibition order under sections 20 and/or 21 of the Housing Act 2004 (which prohibits use of (a) the property (or any part of it), or (b) the common parts (or any part of them)) ○ An enforcement notice issued under sections 172 or 182 of the Town and Country Planning Act 1990 ○ A breach of condition notice served under section 187A of the Town and Country Planning Act 1990 ○ An injunction granted under section 187B of the Town and Country Planning Act 1990 ○ A listed building enforcement notice served under sections 38, 45, or 46 of the Planning (Listed Building and Conservation Areas) Act 1990 ○ An injunction granted under section 44A of the Planning (Listed Building and Conservation Areas) Act 1990 ■ The property is an HMO which requires licensing (including selective licensing) but (a) the Local Authority has refused the licence or (b) the Local Authority has revoked the licence, or (c) the property is occupied by more persons than permitted under any licence. Ground 6B may give rise to a compensation payment (assessed by the court) payable to the tenant. Where the notice/order is made under the Housing Act 2004, it may also give rise to a home loss and/or disturbance payment from the Local Authority which made the order. Ground 18 (discretionary) – Use this ground where the tenancy is of supported accommodation and the tenant has unreasonably refused to co-operate with the person providing support services. 3.3 Amended Grounds of Possession The Act amends many grounds of possession. We set out below the ones which may be most useful to you: Ground 6 (mandatory redevelopment ground) – You can use the amended redevelopment ground to obtain possession of a property where you need to carry out redevelopment works (demolition, rebuilding, or substantial works to the property or the building containing it) which cannot be completed with the tenant remaining in situ (or where the tenant has refused to vary the tenancy to enable the works). You must undertake the works yourself. The tenancy must (except in the case of compulsory purchase) have commenced at least 6 months before the date on which you could commence possession proceedings (as specified in the Section 8 notice). You can only use this ground if you were (a) the landlord when the tenancy was granted or (b) became the landlord after the tenancy was granted, but only where the transfer to you was not for money (or money's worth). You must also have alternative accommodation available for the tenant when the possession order takes effect. Alternatively, you may offer temporary accommodation as an interim measure until long-term alternative accommodation is available. You don't need to offer alternative accommodation where (a) the tenancy wasn't granted pursuant to a nomination as mentioned in section 159(2)(c) of the Housing Act 1996 and (b) you gave the tenant notice of your intention to rely on Ground 6 before the tenancy commenced (and that notice specified the period in which redevelopment works would commence). Using Ground 6 may still give rise to the need to pay home loss and/or disturbance payments. Ground 8 (mandatory rent ground) – The arrears threshold has increased from 8 weeks to 13 weeks (or from two to three months, if rent is payable monthly). You also cannot include amounts expected to be received from benefits. References to quarterly and yearly rent will be removed as these will no longer be permitted. 4. Updates to Court considerations for ASB Section 9A of the Housing Act 1988 now includes a new element. This section relates to what a court should consider when deciding possession under the ASB Ground 14. Judges must now also take into account: "whether the person against whom the order is sought has co-operated with any attempt by the landlord to encourage the conduct to cease." This is likely to refocus judges' attention on your escalation attempts at curbing ASB, such as Acceptable Behaviour Contracts, warnings, referrals for support, and injunctions. 5. Changes to rent increase procedures The Act creates a new Section 13A of the Housing Act 1988. You must follow the Section 13A procedure for rent increases, either by (1) a new prescribed form (yet to be revealed) under Section 13A(2) or (2) by an agreement between you and the tenant (which is likely to include a term in the tenancy agreement setting out a different method of increase) under Section 13A(6). In most cases, follow the procedure set out in your tenancy agreement as normal, except where the tenancy is silent OR where it refers to the Section 13 process. In those cases, apply the new Section 13A process. Section 13A states you can increase rent as follows: ■ Serve a notice in the prescribed form proposing a new rent to take effect at the beginning of a new period of the tenancy. That period must be: ○ At least 1 month after the date you serve the notice ○ At least 52 weeks after the previous increase or determination took effect "Determination" means determination on application by the tenant to a Tribunal. This has an unintended consequence: if a tenant challenges the increase and asks a Tribunal to determine the rent, that determination date becomes the new rent increase date for the following year. You may then have scattered tenancies out of sync with the rest for subsequent increases. 6. Prohibition of rent in advance You cannot take or demand any rent before the signing of a tenancy agreement. 7. Changes to Notices to Quit from tenants Tenants must give 2 months' notice to quit by default in the absence of any other agreement. If your tenancy agreement specifies a shorter period (such as 1 month, which is common in the sector), that period applies. However, the 2-month period applies if you cannot locate the original tenancy agreement or if the tenancy agreement is silent on the notice period. 8. Shared Ownership leases Shared Ownership Leases are currently a form of Assured tenancy. When the Act takes effect, they'll be reclassified as long leases. This changes how you enforce breaches. Notices – You can no longer use a Section 8 notice (NOSP) for lease breaches. Instead, follow this 2-stage process: Obtain a determination of the breach from the Tribunal or County Court (or get an admission from the leaseholder) Serve a notice under Section 146 of the Law of Property Act 1925 Possession proceedings – If the breach isn't remedied after the notice process, you'll need to pursue possession based on forfeiture. This is anecdotally harder to achieve. The Court has wide powers to grant relief from forfeiture, and there are no mandatory possession routes. Be aware: you can 'waive' a breach by accepting rent or otherwise treating the lease as continuing during the possession process. Existing notices – If you've already served a NOSP before this part of the Act commences, it remains valid. You can enforce it via the Section 8 Housing Act route, and that shared ownership lease stays assured. Section 8 Notices remain valid for 12 months . 9. What about pets? No changes in the social housing sector for non-market rent properties. In the private sector, tenants will have a right to request consent to keep a pet. Landlords cannot unreasonably withhold that consent. 10. Commencement – when does this all apply to Social Landlords? The government published its implementation roadmap on 13 November 2025, setting out a phased approach to bringing the Act into force. Key dates: 27 December 2025 (2 months after Royal Assent): ● Shared ownership leases cease to be assured tenancies (see Section 8) ● Investigatory powers for local authorities come into effect ● Local authorities begin reporting requirements 1 May 2026: ● Main reforms commence for the private rented sector only ● All existing and new private tenancies move to the new system ● This includes: abolition of Section 21, transition to periodic tenancies, rent increase limits, bidding ban, pet requests, and discrimination measures Late 2026: ● PRS Database operational ● PRS Landlord Ombudsman operational 2027: ● Social Rented Sector brought into the new tenancy system ● This will follow consultation on a new Tenancy Standard ● Specific date within 2027 to be confirmed by Regulations TBC (but likely after 2035): ● Decent Homes Standard extended to private rented sector ● Awaab's Law extended (subject to consultation) The staggered approach means private landlords will be subject to the main reforms from 1 May 2026, but social landlords will not be brought into the new system until 2027. The Regulator of Social Housing is expected to provide further guidance on the transition for social landlords, including the consultation on the new Tenancy Standard.

ASB Statutory Guidance published - September 2025

October 10, 2025
ASB Case Reviews: updated statutory guidance

Awaab’s Law – Coming on 27 October 2025

July 9, 2025
Awaab’s Law – Coming on 27 October 2025

Another look at hoarding? - Thiam v Richmond Housing Partnership

June 5, 2025
Thiam v Richmond Housing Partnership – Another look at Hoarding?

What the Crime and Policing Bill has in store

February 26, 2025
What the Crime and Policing Bill has in store for ASB and Housing Providers

Are you prepared for Awaab's law

January 23, 2025
Are you prepared for Awaab's law?

Pitch fee increases and exceptionally high RPI/CPI

By Joseph Warren • October 21, 2024
Is an exceptional level of RPI good reason to depart from an increase in pitch fees at that level? – Mobile Homes Act 1983

Positive Requirements in ASB injunctions

By Daryl Bigwood • October 14, 2024
Cobb Warren were recently successful in an appeal against the decision of a District Judge to refuse an application to include a positive requirement in an injunction pursuant to Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014 ("the 2014 Act"). This took place in October in front of a Circuit Judge in the County Court at Bristol. Our client sought to include a provision requiring the respondent to engage with support services to help address the underlying causes of the anti-social behaviour the respondent engaged in. The District Judge at first instance refused the application on the basis that such an order would amount to an order of mandamus (orders of mandamus have, since 2004, been known as ‘mandatory orders’ - they are specific to public law matters) and therefore, pursuant to section 38 of the County Courts Act 1984. The District Judge said that the County Court lacked jurisdiction to make such an order. The appeal was argued on two points: 1. The order was not an order of mandamus (or mandatory order) as such orders are remedies in public law proceedings only and not private law proceedings; or 2. In any event, even if it were, the 2014 Act creates a separate statutory scheme which enables the County Court to include any positive requirements in an injunction in order to prevent the respondent from engaging in anti-social behaviour. The Circuit Judge hearing the appeal allowed the appeal on both grounds. In respects of the second ground, we advanced an argument that the decision in Swindon Borough Council v Abrook [2024] EWCA Civ 221 supported the ground as: 1. The Court of Appeal determined that the Court’s usual case management powers to vary or set aside an order of its own volition did not apply to injunctions under the 2014 Act. This was therefore indicative of the 2014 Act creating its own statutory scheme. 2. The Court of Appeal was considering an appeal from the decision of a District Judge in the County Court and determined, at paragraph 109 of that earlier judgment that a Court should consider making positive requirements. Therefore, the Court of Appeal seemingly accepted that positive requirements were available in the County Court. Overall, we achieved a good outcome for our client and obtained clarity as to the use of positive requirements. Such requirements can often be more effective in addressing anti-social behaviour, by addressing the causes of the behaviour, rather than simply prohibiting the behaviour itself. A review of the Court's powers in relation to Anti-Social Behaviour by the Civil Justice Council in 2020 emphasised the importance of including positive requirements in injunctions. One of its recommendation was to increase their use as a way of addressing underlying issue causing Anti-Social Behaviour. If you need to discuss the above case or require any guidance please get in touch with us.
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