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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My wife and I live in a flat and the flat directly above ours

Resolved Question:

My wife and I live in a flat and the flat directly above ours is rented to a young family. They have two boys around 4 and 6 who wake up at 6:30-7:00am every morning and begin running and jumping causing lound crashing and thumping noises like the ceiling is about to collapse.
It is contracted that the flat above should at least have carpet laid down on floor, however we have raised this with the owner and he refuses to do this. Although this could reduce the noise, I am not sure it would get rid of the thumping sound.
This is a real nuisance and we are woken up at 6:30-7:30 every day and when we are working from home in the house the noise starts again from 15:30 when they come back from school. We are considering selling the flat it is that bad.
Please advise what are our options?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.For now please let me know whether you have contacted the Council at all?Alex
Customer: replied 1 year ago.
No not yet. My wife said it would be a waste of time but it is next on the list. Just wanted to get all my options lined up first
Expert:  Ash replied 1 year ago.
I would complain to the Council. They will install noise monitoring equipment and see whether they is a noise to justify intervention.This is a free option for you. Otherwise you would have to issue proceedings against the Landlord.That way you could issue proceedings for nuisance. But there is a cost to that, so I would take it up with the Council first.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Do you know whether the noise monitoring equipment measures vibrations through the building? What would the councils next steps be, can they enforce sound proofing?
In terms of the wooden floors, its it worth issuing proceedings against the Landlord for not keeping to the building contract
Expert:  Ash replied 1 year ago.
I dont know the extent or sensitivity of such things. If its structural then the Council cant make the Landlord do anything. Case law shows that. But if they are using laminate and should be carpet, then the Council can.Does that clarify? Alex
Customer: replied 1 year ago.
Yes that does, as our building contract does state they need to have carpet. So basically go through the council first, then look to court if they can not resolve, thanks
Expert:  Ash replied 1 year ago.
Correct. Does that help? Alex
Customer: replied 1 year ago.
Yes, thanks for the advice
Expert:  Ash replied 1 year ago.
Good luck. If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you. Thanks in advance. Alex
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