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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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The property above me has been let by the owner . There is

Customer Question

The property above me has been let by the owner . There is minimal if any sound proofing below the floor boards . The new tenants have a young child that runs around the house . I can hear beery step all the way threw my house . Is there any laws or rights here in the uk that I could use to force the owner to do something about it ?
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.

tdlawyer :

Hello, thank you for your question. My name is Tony, I should be able to assist you with this.

tdlawyer :

The only thing you can do is rely upon the common law of nuisance.

tdlawyer :

This is where a court will have to to decide whether the noise from the flat above you is excessive, and whether any steps should be taken by the tenant and/or the owner to rectify that position.

tdlawyer :

There is no easy answer, as every case will depend upon its facts, and the degree of interference with your enjoyment of your property.

tdlawyer :

The court always has a difficult task in this type of case, as both people are carrying out lawful activities on their land.

JACUSTOMER-hp4qkl74- : I often work nights .So getting a good sleep is essential to me
tdlawyer :

The issue, therefore, is whether any particular activity (i.e. the child running and the noise that creates) together with the absence of soundproofing, is such that it ought to be stopped or provision undertaken to lessen the interference with your enjoyment of your land, such as by soundproofing.

tdlawyer :

The best thing to do in this kind of case is to get a solicitors letter written to the landlord, explaining the situation, and citing the law of nuisance.

tdlawyer :

The solicitor can suggest that, if steps are not taken to rectify the soundproofing issue, then court proceedings will be issued to force the tenant and/or landlords take such steps.

JACUSTOMER-hp4qkl74- : Ok . So if I complain and nothing is done about it . I would need to contact my lawyer & submit a formal letter to the owner & possibly go to court . No guarantee I would win my case
JACUSTOMER-hp4qkl74- : should I record the noise ?
tdlawyer :

If you can record the noise and make diary entries about what you hear, then that would be a sensible thing to do.

tdlawyer :

And yes, the route that you mention is correct.

tdlawyer :

Regrettably, there are never any guarantees that you will win your case, and this type of case is particularly difficult to judge the outcome of.

JACUSTOMER-hp4qkl74- : ok . Thank you
JACUSTOMER-hp4qkl74- : if I play my music loudly . Surely the tenant above could ask for the same .
tdlawyer :

Absolutely true, yes.

tdlawyer :

You both would have similar problems you might both agree a sensible way forward rather than having to engage lawyers and go legal.

JACUSTOMER-hp4qkl74- : ok
tdlawyer :

But excessive noise from music is often more routine and easy to address, than the noise of children running, so do be wary of that.

tdlawyer :

Is there anything else I can assist you with today?

JACUSTOMER-hp4qkl74- : I have done some work to the front entrance to the property recently . I use the front to store my rubbish & recycling . The work I did would 100% ad value to my property & the one above
JACUSTOMER-hp4qkl74- : can I use this in some way ?
tdlawyer :

No, I don't see how you can.

JACUSTOMER-hp4qkl74- : I have the wall pressure washed & cleaned up , put up a wooden gate & tilled about 10sqm
tdlawyer :

I don't think you can refer to any of that, it's not strictly relevant to whether or not the noise is excessive in the circumstances.

JACUSTOMER-hp4qkl74- : Just saying I added value to his property & did not ask for any money towards the work
JACUSTOMER-hp4qkl74- : I have a feeling the financial cost is what will stop the owner from getting the work done
tdlawyer :

I see. This is just something you're going to have to try and negotiate with him if at all possible, perhaps by offering to make a contribution, and perhaps consideration to instalment payments or something of that sort to try and get the work done sooner rather than later.

JACUSTOMER-hp4qkl74- : Ok , thank you . That's alll
tdlawyer :

Thank you. Can I ask whether you are happy with my service this afternoon please?

JACUSTOMER-hp4qkl74- : yes , you have answered my questions . Was hoping for something a little more concrete in I could use to force the issue . Will try to speak with the new tenant with regards to approaching the owner for mutual bennifit
tdlawyer :

Thank you very much for your time this afternoon. I hope you manage to resolve this very quickly. Please do remember to rate the answer for me before leaving.

tdlawyer :

Then, if you need to speak to me in the future, please feel free to do so.

tdlawyer :

Thank you very much for your time this afternoon. I hope you manage to resolve this very quickly. Please do remember to rate the answer for me before leaving.

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