Violinists threatened with 'forcible seizure' over noisy rehearsals

When Oliver Morris and Hazel Ross play their violins, the normal response from those within earshot is applause. But their renditions of Mozart and Brahms prompted a less welcome reaction from officials at Manchester City Council, the threat of a noise abatement notice and a warning that their £15,000 instruments could be seized, if necessary by force.

The professional musicians, both aged 25 and who regularly take to the stage with the world-renowned BBC Symphony and Halle orchestras, have found themselves in the same company as the window-rattling owners of booming sub-woofer stereos and rowdy party organisers by practising their art in their flat in a Manchester suburb.

After moving into the rented apartment a year ago, the couple insist they have kept to the terms of their lease banning them from making "audible noise" between 11pm and 8am. They practise between 10am and 5pm most days and avoid playing on Sundays. But after a neighbour compained, Manchester City Council's anti-social behaviour action team wrote to the couple condemning their rehearsals as "unacceptable" and a "noise nuisance".

The letter claimed the couple had missed a meeting – they first they had heard of it – about their alleged behaviour. It stated: "Any repeat of the noise nuisance may lead to Housing Services taking legal action against you. This may mean that we will issue a Noise Abatement Notice against you. This is a legally enforceable document requiring you to stop causing a noise nuisance. Failure to comply with the notice will result in applying to the magistrate court for a warrant to enter your premises, by force if necessary, and seize any equipment we feel has been used to cause a nuisance."

Mr Morris said: "We were completely stunned. It was such a shock because of the way the letter has been worded. They are not holding back. After we moved in we spoke to neighbours and explained we were professional violinists and if they had a problem they could just talk to us."

The freelance performers, said they also double-checked their right to practise in their home with the Musicians Union. The only time they were aware of any unhappiness among residents was a neighbour who complained two months after they moved in last September. They are concerned that the council's action was based solely on the neighbour's complaint and had not been checked or corroborated. Mr Morris said: "On the two occasions the resident confronted us since, he has behaved in an aggressive manner and shown a complete lack of respect towards us, refusing to hold any dialogue."

The local authority admitted yesterday that its action may have been over-zealous. Deborah McLaughlin, director of housing, said: "I accept in this case it would appear there were more appropriate ways of resolving the matter."