A Canada Water music teacher says she’s been threatened with a £5,000 fine and the confiscation of her instruments for practising a “quiet wind instrument” in her home.
Fiona Tusk, whose livelihood is teaching and gigging, says Lewisham Council has ordered her to “cease playing loud music” following complaints from a neighbour.
The furious singer-songwriter said she’d been made to feel “like a criminal” and is now sofa-surfing around London as she looks for a home where she can practice.
Lewisham Council has disputed Fiona’s account, saying that “several musicians” often rehearsed in her flat and that she had refused to accept a mediative ‘good neighbour agreement’.
The authority also said enforcement was a “last resort” and that they “celebrate” the borough’s “musicality and creativity”.
Despite the council’s rebuke, Fiona’s petition calling for more protection for musicians has now received over 60,000 signatures.
Asked about her treatment by Lewisham Council, Fiona said: “They’ve talked to me like I’m a criminal who has done something very malicious – not somebody who was playing a quiet wind instrument in the middle of the day.”
Fiona lived in Catford but teaches music to children all over south-east London – particularly around Canada Water and Surrey Quays.
She says she practices the guitar, low whistle and singing in her home between 11am and 3pm.
Last year Fiona says she started receiving angry texts from a neighbour “every time” she practised.
She says a council-contracted staff member visited in January and, after hearing her play, reassured her the noise was not a nuisance.
But Lewisham Council said it sent a ‘professional witness’ in February who confirmed the music “was at an unreasonable level”.
In April, two council officers visited Fiona, giving her a letter ordering her to “cease to commit… nuisance… in the form of playing loud music”.
Fiona said they also said they threatened her with prosecution and the confiscation of her instruments.
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Fiona said: “They showed me their badges and very serious faces. I invited them in and to take a seat. They said ‘no we don’t want to give the impression we’re here to make friends’.
“[The abatement notice] was a completely unnecessary action and they say it was loud… there are much louder instruments than what I was playing.”
Fiona says she had no option but to leave her home so collected her things in boxes and is sleeping on friends’ sofas.
Local authorities have to balance residents’ right to freedom of expression with the rights of neighbours not to be disturbed.
In this instance, Fiona believes Lewisham erred too far on the side of her neighbour.
In 2017, a piano-playing family won a legal battle against the Royal Borough of Kensington and Chelsea over alleged noise disturbance.
Following that case, Annette Carrabino reportedly told the Musician’s Union: “Our case has shown that environmental health officers (EHO) across the country have come to misinterpret the law on statutory nuisance.”
A spokesperson for Lewisham Council said: “We have been aware of noise issues at a residence since November 2022 involving loud music, playing of instruments and singing, resulting in numerous complaints.
“We celebrate the musicality and creativity of our borough and recognise people’s right to play an instrument in their home. We only intervene when we receive complaints and always try to resolve these amicably, which is balanced and can include mediation.
“As a result of the noise complaints, a referral for mediation was made in mid-January 2023. After mediation, the tenant refused to agree to a good neighbour agreement or rehearsal times to prevent further concerns. Lewisham Homes instructed a professional witness who attended the complainant’s homes in February 2023, the report from this professional witness confirmed that the music from the residence was audible within the complainant’s home and was at an unreasonable level.
“Lewisham Homes and Lewisham Council do not make decisions like this lightly and have tried to avoid enforcement, which is only ever done as a last resort. In this case, regrettably, when we tried to explore reasonable offers and solutions to find a balance, the tenant refused to engage and we received multiple further complaints.
“A statutory nuisance is defined as a disturbance that interferes with someone’s right to enjoy their home or is damaging to someone’s health. It is much more than just an annoyance or being aware of something, which is why we would always assess each situation individually.”
How disgusting of these people. Since when have we been told what to do or not to do inside our homes! After 11pm,yes. But not in the day. This is an outrage. These complaints are clearly from people without culture!