Hello. Our lease states that:
“No piano, record player, radio loud-speaker or other electric, electronic mechanical musical or other instrument of any kind shall be played nor shall any singing be practised between the hours of 11 pm and 9 am”.
Complaints have been received that our tenants are talking on the balcony at 6am and disturbing neighbours. Could this clause also be interpreted to cover talking, if it is sufficient to cause disturbance?
Isn’t there a separate clause about doing anything that may disturb neighbours between certain hours?
That’s the only clause which specifically mentions hours. I’ve copied another clause below, but it has no times mentioned.
“Not to use or permit or suffer the Demised Premises to be used for any illegal immoral or improper purpose and not to do permit or suffer on the Demised Premises any act or thing which shall or may be or become an actionable nuisance or damage to the Landlord or to the Tenants or occupiers of the Properties or other the owners or occupiers of any neighbouring property.”
I think that its unlikely that this clause can be invoked by the actions you describe. I suggest that you let whoever has complained know that they should contact the tenants directly with any complaints. You might also write to the tenants letting them know that there has been a complaint but that you have referred it back to the complainant to deal with.