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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I live in a flat. The flat above has laminated flooring no

Resolved Question:

I live in a flat. The flat above has laminated flooring no rugs or carpet. A single mother has move in with 1 year old baby. The noise is horrendous with constant banging and scraping on the floor. I have asked her politely to refrain, but to no avail.
Do I have any legal recourse to enforce the occupier to put down rugs or carpet or cease making noise?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Is she a tenant or owner?
Customer: replied 1 year ago.
I presume tenant as she is the daughter of the owner
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Thanks for your patience. First of all your rights will be against the owner of the property so you need to establish who that is. If it is the owner of the occupier then that is who would have legal responsibility over this and who you would need to approach. You can of course try to do so through the occupier if necessary but ultimately you can only hold the owner liable. Initially you must check the lease of the property to see if there is a requirement for carpets to be fitted in the individual flats. It is likely that there will be one common lease for the whole property which would detail the common obligations of all the individual properties. When there are such noise issues in flats, occupiers have to take into account the amount of noise they are likely to make and consider the wellbeing of those affected by it. For example, under the Housing Act 2004, living in contact with an unusually loud or continuous noise inside a dwelling or within its cartilage is deemed to be a threat to the physical and mental health of the occupants. So if you have contacted the occupier and they have not helped, you need to contact the landlord/owner next. If that also fails, you should contact your local authority who could appoint one of their Environmental Health Officers to look at the case and they can issue a warning to your neighbours if noise levels exceed a certain level. This warning can then be followed by a fine if the tenants fail to reduce their noise levels. Further action can also be taken, such as going to court. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46141
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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