Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Was the gym there when you moved in please?
Yes it was.
Its bad news then I am afraid.
If you took the matter to Court you would lose
Case law says that those who move to a nuisance can't claim
It is like moving to Heathrow and complaining about the aircraft
The ventilation system from the gym carries the noise up. The concrete floor is not adequate and doesn't seem to have any sound proofing to trap the noise
As for the fabric of the building, again case law shows that it is not something you can sue for
You can't expect the Landlord to put new flooring, ceiling, walls etc.
They can try and insulate but it can't be beyond the fabric of the building
I am sorry if this is not the answer you want, nor the one I want to give you, but I have a duty to be honest
But I didnt know the noise was there until I moved in? I should have been made aware that this particular flat has problems?
Well that may be a matter between you and the seller or your Solicitor.
But you can't sue the hum or the Landlord for that
When you move into a new build and pay a huge amount of money for a flat in the building. The mangement company have a duty of care to make sure the lease holders are not being affected by noise from other tenants or from within the building.
But you moved in when the gym was there - that is the problem
I don't want to sue. I just want the mangement company to put in proper sound proofing or a timer so I'm not affected all day and all night
You can instruct a surveyor to ask them what can be done. They can produce a report.
But what I am saying is your options are limited because you moved to the nuisance.
It would be different if the gym had been located there after you had moved in
But in reality there should be no noise from a gym which is supposed to be a luxury feature of the property. I pay service charge for the gym. It is not a seperate gym from the buiding. It is part of our complex. This can't be something that anyone would expect to live with. Its not like knowing heathrow airport has noise issues with planes. Thta's obvious. The gym being part of a luxury for me is not in the same context?
That may be so - but you moved to the nuisance. That is the problem
Case law is against you on that point.
I am not saying you can't take action - but you can't make them do anything to the fabric of the building
It doesn't make sense. I dddn't move to a nuisance. I bought a flat with an added bonus of a gym. The gym should be set up so that it does not interfere with my rights as a lease holder to live in peace in my flat
But you moved AFTER the gym was there
You did therefore move to the nuisance
I am sorry - case law is against you;
What you can do is get a professional survey to see what can be done
Then you can ask the management co to consider the options given
Ok, thank you. It doesn't seem fair the property is a very expensive property with river views. I moved here for peace and quiet. I can't honestly believe that the management company does not have responsibility to make sure that a gym within the building does not cause noise or undue stress for the tenants here.
I agree, its not fair.
But they can insulate depending on what the surveyor report says.
But you can't expect them to put new ceiling and floors down
But I would recommend the first port of call is the surveyor report
Can I clarify anything for you about this today please?
I think its easier to move, as I can't live like this any more. I never have a proper sleep.
Can I clarify anything for you about this?
If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.
Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/