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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I rented a maisonette nine months ago, I soon discovered that

Resolved Question:

I rented a maisonette nine months ago, I soon discovered that the apartment above me has floating floorboards all over which make the most horrendous high pitched squeaking noises whenever and wherever the two residents that live there move. I have explored and tried very hard to deal with the local authority that own the apartment upstairs to repair floors and this is a waste of time as one of the residents of this property are disabled and don't want to be disturbed...
My question is do I have a claim against the owner of the property or the letting agent that dealt with renting it to me on behalf of the tenant ?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.I assume you were not told of this? Have you complained to the Council at all?
Customer: replied 1 year ago.
Yes nine months of dealing with the council, they agreed to go in and do the work and did actually start but it stopped after two days. I think it stopped because the tenant upstairs does notv. want to move her stuff around, she's claims she's disabled. The council just stopped responding to my emails, I suppose they have nothing more they can do.The real culprit here is the landlord, she lived in the flat for two years previous and there's no question she does not know about the problem, it would be impossible to deny knowledge as she was living there.I pay £1400 per month rent on a shorthold hold assured tenancy and I'm leaving in three months as its unbearable, I really just want to know whether it's worth locking horns with the landlord on the basis that the apartment was not worth this rent with its nuisance problems.Obviously the council know there's a bad problem as they came round and spent time in my flat and heard themselves how terrible it is.Thanks
Expert:  Ash replied 1 year ago.
Have you spoken to environmental Heath and asked them to install noise monitoring equipment?
Customer: replied 1 year ago.
No , did not know I could do that, thank you, ***** ***** do you think I have a case against the landlord on a standard shorthold assured tenancy ?
Expert:  Ash replied 1 year ago.
Ok - you should do that. They can install noise monitoring equipment and see if there is a statutory nuisance. If there is then they can prosecute the Landlord.Or you can issue proceedings yourself against the Landlord, seek compensation and an injunction that he address the problem.You would need to issue a claim using form N1:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdfAnd N16ahttp://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdfThe court would set the matter down and decide whether to make the order. If the Court does and the Landlord ignores it this could be contempt of Court and he may be warned, fined or sent to prisonCan I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Ok so I was under the impression that the floating floorboards were part of the apartment upstairs and therefore out of reach of the Landlords ability to get anything done.My perspective on a claim was the landlord rented the apartment to me with a problem and therefore being in breach of the agreement made.In respect of your suggestion do you just answer questions or do you act as well ?
Expert:  Ash replied 1 year ago.
Sorry I thought the Landlord rented the flat above also. Who owns that, is it owner occupied?
Customer: replied 1 year ago.
It's owned by London Borough of Barnet
They have tried to deal with it but are being blocked by disable tenant so this why I'm looking into Landlord who I feel is culpable as she knew there was a problem and rented out at market rent without disclosing
Expert:  Ash replied 1 year ago.
Ok - in that case you can direct what I say above and sue the Council.But you can also have a claim for damages against your Landlord as they MUST have known about it. They failed to disclose a material fact which would effect the enjoyment of the property.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Thanks
I'm going to think on this over the weekend move forward next week if I need more of your time can I come back and pay again ?Also do you take instruction to deal with this type thing?
Expert:  Ash replied 1 year ago.
Sure, you can ask follow up questions even when you rate for free.I can not be instructed sadly.If I could invite you to rate my answer before you go, otherwise the site does not credit me for my time, you can still ask me questions. Thanks and have a great weekend.Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.If you don't rate then the site does not pay me for the time I have spent answering your question.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer 3, 4 or 5 starts 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/
Customer: replied 1 year ago.
I know it's sounds a bit silly but I can't find the place to rate you
Expert:  Ash replied 1 year ago.
You should see some stars or happy faces?If not, please let me know.Alex
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