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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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My son lives in a ground floor flat and he recently had some

Customer Question

My son lives in a ground floor flat and he recently had some refurbishment done and he raised the height of the ceilings. He got planning permission, etc. and he was assured that the correct insulation was put in place. However, the noise from the people upstairs is really bad. Just walking about, conversations, not to mention the washing machine and hoovering and cleaning. They have removed their carpeting and they were not supposed to do that. This is an old house converted into six flats, with each owner having an equal share of the freehold.
What can be done?
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

Was this noise not there before he raised the ceilings?
Customer: replied 3 years ago.

It was noticeable but is much worse since


 

Expert:  UK-Justice replied 3 years ago.
Thanks. Are they using laminate or carpet?

Anything in the lease about what type of flooring?
Customer: replied 3 years ago.

We believe that they have removed the carpeting and they were not supposed to do that. As these flats are effectively freehold, I don't think there is a lease.


 

Expert:  UK-Justice replied 3 years ago.
They can't be freehold there must be a lease.

The freehold can be owned joint, but there must be a lease.
Customer: replied 3 years ago.

Oh, I understand. So I should ask my son to check the lease. If there is something in there, how do we enforce it? If not, can we go to the local authority?

Expert:  UK-Justice replied 3 years ago.
You need to check.

If the lease states they must have carpet and do not then action can be taken against them.

But had it not been for the fact he made the ceilings higher (and of course the more space between floors the more soundproof) then the noise may not be there.

What I am saying is that he may have made it worse. If that is the case and he tries to take it to Court then a Judge would say - well its your own fault, if you had not done that it would have been quieter.

You could complain to the Local Authority and they could install noise monitor equipment - but the same may apply, he may have caused his own noise.

But check the lease as the answer may be there.

I hope this helps.




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UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and other Law Specialists are ready to help you
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice
Customer: replied 3 years ago.

Yes, thank you. It clarified the position for me.

Expert:  UK-Justice replied 3 years ago.
Great

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