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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25961
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have lived in my current flat with no particular

Resolved Question:

I have lived in my current flat for 21years with no particular problems . In recent months a new downstairs neighbour has complained to our landlady on three seperate occasions. I turned my tv down willingly on the first occasion and have not moved the volume control since, but over an eight week period have had two further complaints. This has become unsettling and is making me walk on egg shells.It seems the new tenant would prefer no direct contact on the matter, and I am concerned that the dispute may affect my tenure.How should I manage this situation?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I clarify if you rent or own your flat please?From what you say the complaints relate to your going about your normal business rather than any particular loud or adverse behaviour on your part. Is that correct?
Customer: replied 2 years ago.

That is absolutely correct,and yes we both rent from the same landlady.

Expert:  Joshua replied 2 years ago.
Thank you. On the basis you rent could you confirm that you moved in before 1994?Could you confirm if the landlady also lives in the building? If so is this a purpose built block of flats or a converted house?Finally did the landlady give you a s20 notice advising that the tenancy was an assured shorthold tenancy when you moved in?
Customer: replied 2 years ago.

I originally moved into this victorian building on 5/11/93 for approximately 18 months. I left for a very short period to house sit my late sisters house while she visited the far east. I returned on 12/09/95 and on both occasions was given a 1988 section20 notice of an Assured shorthold tennancy.

My landlady does not live on the premises.

Expert:  Joshua replied 2 years ago.
Thank you. In that case you are likely to have an AST which I assume has not become periodic and if this is the case the landlady can serve 2 months notice on you to vacate withot citing a reason. However in terms of your position regarding the other tenant, The House of Lords decided in 1999 in the case of London Borough of Southwark v Mills and Baxter v London Borough of Camden that one cannot be liable to a tenant who is disturbed by the ordinary and reasonable activities of a neighbouring tenant because of inadequate sound insulation between the properties. This is establish case law from the (then) highest court in the land and therefore is good law. Therefore the downstairs neighbour has no legal complaint against you for noise which is created by your normal and reasonable use of the flat. Such individuals in my experience if the position is as you say would be better off not living in a flat as some individuals can have unreasonable expectations as regards ***** ***** in flats. In any event all you can say is that you are not behaving unrasonably and are just going about your normal business as you have always done and whilst you will try to take account of the tenants complaints you cannot cease to exist in your flat altogether and you have no choice but to move around and use appliances. Accodingly if the tenant downstairs has issues with the soundproofing in the property he have to consider whether he is suited to living in the flat. As regards ***** ***** clearly you are a long established tenant and in the assumption that have not been complaints from previous downstairs tenants, it is reasonably safe to assume that she will not consider that you are likely to be the issue here and from her perspective, she is unlikely to seek to evict you on the basis of the downstairs tenants complaints because if she did, and subsequently replaced you, there is no reason to think that the tenants complaints would not continue as against any new occupant. One would therefore assume, the landlady was signed with you in the assumption she is satisfied with your explanations but of course one cannot predict with certainty her response. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me.
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Customer: replied 2 years ago.

Thank you Joshua, your reply has given me the confidence I need to confront this problem.

I felt the complaints unreasonable, and your reply has comfirmed them to be so.

Once again thank you.

R Wright

Expert:  Joshua replied 2 years ago.
A pleasure. If I can assist any further as the situation develops please do not hesitate to revert to me. If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today.