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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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What legal rights do I have as a long leaseholder where in

Resolved Question:

What legal rights do I have as a long leaseholder where in the terms of the lease there is no noise between 11 to 7 am ? The tenants of the flat below me are being consistently noisy between theses hours by loud laughter, voices and banging doors etc ?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Have you spoken to the managing agent or freeholder please?

Customer: No not yet, I am going to do that next week
Alex Watts :

OK, you need to do that.

Alex Watts :

Only the freeholder or managing agent can take action

Alex Watts :

This is breach of contract

Alex Watts :

They can take action and seek an injunction to prevent the nuisance

Alex Watts :

They can also forfeit the lease of the tenant

Alex Watts :

That means they can go to Court and ask the court to give you the property back

Alex Watts :

Otherwise if the managing agent or freeholder does not then sadly you can take limited action but this will cost you legal fees

Alex Watts :

You would need to write to them and ask them to stop otherwise you will seek a Court injunction. If they refuse then you can issue proceedings.

Alex Watts :

You would need to complete forms N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And N16a

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

Alex Watts :

The court will list the matter for hearing and decide whether to give possession

Alex Watts :

Sorry I mean whether to give an injunction

Alex Watts :

If the Court grants an injunction and they breach it that would be contempt of Court. They could be warned, fined or sent to prison

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Thanks that's great and really helpful.
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