Hello, thank you for your question. My name is Tony, I should be able to assist you with this.
The only thing you can do is rely upon the common law of nuisance.
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.
There is no easy answer, as every case will depend upon its facts, and the degree of interference with your enjoyment of your property.
The court always has a difficult task in this type of case, as both people are carrying out lawful activities on their land.
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.
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.
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.
If you can record the noise and make diary entries about what you hear, then that would be a sensible thing to do.
And yes, the route that you mention is correct.
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.
Absolutely true, yes.
You both would have similar problems you might both agree a sensible way forward rather than having to engage lawyers and go legal.
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.
Is there anything else I can assist you with today?
No, I don't see how you can.
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.
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.
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