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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I was wondering what my legal position is I am a landlord

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Hi,
I was wondering what my legal position is
I am a landlord of a Victorian flat owned since 1994 and rented out since 2010 . The 2 bed flat has wooden floorboards but have never had any complaints about noise levels since now . Neighbors below bought the flat below June 2014. They are asking me to carpet the whole property with sound/echo proof insulation. I have new tenants since February 6.
Thank you for your help
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with thisWhen did they start making complaints please?Alex
Customer: replied 1 year ago.
They started their complaint a week age few days after the tenants moved in ...
Customer: replied 1 year ago.
meant a week ago
Customer: replied 1 year ago.
They say that they can hear the tenants move around the flat, talking, laughing and bed creaking. But I have now put a thick carpet under the bed to absorb the sound, now he says he can hear the foot steps around the the carpet ! Also at the moment the flat is barely furnished as they are still waiting for their furnishing to arrive reason maybe of amplified noise/echo . The tenants are 2 young girls .
Expert:  Ash replied 1 year ago.
Ok, the law says you are not required to soundproof. The law says you are not responsible for the fabric which includes soundsproofing. Therefore you are NOT responsible for getting this work done - its outside the law.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Do you meant I as the owner of the flat am not obliged to sound proof it and carpet the whole flat ? even if the floorboards do not have the insulation now required in new buildings ? Is it the people below who will need to insulate their ceiling as the day to day sounds are bothering them ?
Expert:  Ash replied 1 year ago.
Correct you are not required to soundproof. If the law changes that is not retrospective.Does that clarify?Alex
Customer: replied 1 year ago.
Thank you , what if within the lease ( under restrictive covenants) it says that? the floors must be substantially covered with suitable material avoiding the transmission of noise . saying that when I bought the flat in 1994 there was carpets but without underlay. so therefor was not sound proof either . Thank you for the clarification.
Danae
Expert:  Ash replied 1 year ago.
Ah, that may be different. If that is the case then yes you would be required to observe the covenants in the lease, but only the person with the benefit of that covenant can sue, so the beneficiary.But you wouldnt be expected to put new soundproofing down in accordance with current Building Regs.Does that help?Alex
Customer: replied 1 year ago.
Thank you so much, but just one more thing which I don't quite understand what you mean by"but only the person with the benefit of that covenant can sue, so the beneficiary ?"
Do you mean the freeholders which is Wandsworth council ?
Expert:  Ash replied 1 year ago.
Yes, it would be the people that benefit, so the Council. The downstairs tenant cantDoes that clarify?Alex
Customer: replied 1 year ago.
Hmm sort of, but I don't see how it would benefit the council. Anyway if I have it right the council can sue me but not the tenant ?
That is if the freeholder estimates that I am in the wrong . I guess they would first come and inspect both flats ?
Expert:  Ash replied 1 year ago.
The tenant cant sue you because its not you making the noise.Yes I imagine an inspection and noise monitoring equipment would be the first of any step.Does that help?Alex
Customer: replied 1 year ago.
Thank you very much for all your help , have a good evening.
Kind regards
Danae
Expert:  Ash replied 1 year ago.
Good luck DanaeAlexIf this answers your question could I invite you rate my answer before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
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