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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I bought a flat 2 years ago which has a gym on the ground level.

Customer Question

I bought a flat 2 years ago which has a gym on the ground level. I am on the 2nd floor above the gym and can hear every noise from the running machine and weights being dropped. It sounds like it's above my head and I have a constant thudding noise from the running machine. Its a 24 hour gym.

I have contacted the management company and asked them to put a timer on the gym hours to help from 9 - 11pm which is normal. I have put myself at risk going there at 3am to ask big body builders to stop crashing weights and have had many rows with men at this hour.

The mangement company have done nothing, and I am so stressed out that I'm now thinking of moving just to stop the stress of living here. I pay a huge service charge to live here.

I've spoken to others here who are aware of the noise on the 1st and 2nd floor from the gym and an architect has told me the gym was originally set up as a restaurant so not suitably soundproofed for a gym. I don't know how to confirm this.

Can you help, I'm at the end of my tether?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

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.

Alex Watts :

Was the gym there when you moved in please?

JACUSTOMER-hh6r62pd- :

Yes it was.

Alex Watts :

Its bad news then I am afraid.

Alex Watts :

If you took the matter to Court you would lose

Alex Watts :

Case law says that those who move to a nuisance can't claim

Alex Watts :

It is like moving to Heathrow and complaining about the aircraft

JACUSTOMER-hh6r62pd- :

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

Alex Watts :

As for the fabric of the building, again case law shows that it is not something you can sue for

Alex Watts :

You can't expect the Landlord to put new flooring, ceiling, walls etc.

Alex Watts :

They can try and insulate but it can't be beyond the fabric of the building

Alex Watts :

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

JACUSTOMER-hh6r62pd- :

But I didnt know the noise was there until I moved in? I should have been made aware that this particular flat has problems?

Alex Watts :

Well that may be a matter between you and the seller or your Solicitor.

Alex Watts :

But you can't sue the hum or the Landlord for that

Alex Watts :

gym

JACUSTOMER-hh6r62pd- :

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.

Alex Watts :

But you moved in when the gym was there - that is the problem

JACUSTOMER-hh6r62pd- :

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

Alex Watts :

You can instruct a surveyor to ask them what can be done. They can produce a report.

Alex Watts :

But what I am saying is your options are limited because you moved to the nuisance.

Alex Watts :

It would be different if the gym had been located there after you had moved in

JACUSTOMER-hh6r62pd- :

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?

Alex Watts :

That may be so - but you moved to the nuisance. That is the problem

Alex Watts :

Case law is against you on that point.

Alex Watts :

I am not saying you can't take action - but you can't make them do anything to the fabric of the building

JACUSTOMER-hh6r62pd- :

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

Alex Watts :

But you moved AFTER the gym was there

Alex Watts :

You did therefore move to the nuisance

Alex Watts :

I am sorry - case law is against you;

Alex Watts :

What you can do is get a professional survey to see what can be done

Alex Watts :

Then you can ask the management co to consider the options given

JACUSTOMER-hh6r62pd- :

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.

Alex Watts :

I agree, its not fair.

Alex Watts :

But they can insulate depending on what the surveyor report says.

Alex Watts :

But you can't expect them to put new ceiling and floors down

Alex Watts :

But I would recommend the first port of call is the surveyor report

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-hh6r62pd- :

I think its easier to move, as I can't live like this any more. I never have a proper sleep.

Alex Watts :

ok.

Alex Watts :

Can I clarify anything for you about this?

JACUSTOMER-hh6r62pd- :

No

Alex Watts :

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/

Alex Watts :

Can I clarify anything for you about this today please?

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