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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have owned my property for >15years. The management company

Customer Question

I have owned my property for >15years. The management company has renovated the gym in the apartment building. For 12 years I never had a problem, it only started after the renovation. Ever since, I am kept awake by the gym noise and vibration (even between the hours of 23h00 - 06h00). My lease agreement mentions nothing of gym hours, but there are clauses that state that noise nuisance should be avoided between the hours of 23h00-8h00. Furthermore, the walls/ceilings have started showing increased cracking that the management company attribute it to 'normal sagging'. What can I do regarding the nuisance and the fact that I sleep in my home peacefully, even on national public holiday like Christmas?
Submitted: 7 months ago.
Category: Law
Expert:  Ash replied 7 months ago.
Hello my name is ***** ***** I will help you with this.For now please let me know whether you have reported this to the Council at all please?Alex
Customer: replied 7 months ago.
No. I dont think there is much the council is going to do as it is non-urgent and it happens inside the building (ie no other properties are involved and it is not external to the building.
Customer: replied 7 months ago.
Apart from my lease that states that no music/singing nuisance or doors slamming or nuisance between 23.00-0800 and the government law http://www.themix.org.uk/housing/housing-problems/noise-9124.html http://www.legislation.gov.uk/ukpga/1996/37/contents that states that people should have peace and quiet between 23.00 and 0700.
I don't see how the management company can get away with doing nothing. They had a surveyer in that stated the noise from the gym is too high. The management company refuses to give me access to the report, even tho we pay our service charge fee. They put down some artificial rubber surface, but it doesn't help with the vibration. Initially they said they would reassess after these steps were taken, but now they refuse to get the noise level re-assessed.
Expert:  Ash replied 7 months ago.
Ok - speak with the Council, if it is noisy they may be able to do something.If not, then you need to get a surveyor in to see what the problem is and how it can be fixed. You can then send the survey report to the Landlord and ask them to fix it or say you will go to Court.If they wont then you can issue proceedings. You would need to complete form N1:http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n001-eng.pdfAnd N16a:http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n016a-eng.pdfThe court will list the matter for hearing and decide whether to make them do the work. You can present to the Court the survey report and its recommendations.If the Court does order they carry out the work and they dont - this could be contempt of Court which they may be warned, fined or sent to prisonCan I clarify anything for you about this today please?Alex
Customer: replied 7 months ago.
Hi Alex,
Thanks for your reply. How much are the surveyer costs? And what cost are involved if I consider the legal route?Furthermore, anything about the opening hours of the gym vs the legal peace & quiet hours of 23.00-0700 or the lease statement of 2300-0800 (although it doesn't mention anything about a gym in the lease)
Expert:  Ash replied 7 months ago.
Surveyor, I dont know sadly, but I would think about £250 - £500.Costs depend on the claim, but usually £280 to issue it and £545 to hear it.Does that clarify?Alex
Customer: replied 7 months ago.
do you know any sound surveyers? And do I need a lawyer for the court stuff?
Expert:  Ash replied 7 months ago.
You may need a lawyer to represent you. Sadly I cant recommend any surveyors, its against site rules. But speak with the Council first, I imagine they would be able to recommend someone locally.Does that clarify?Alex
Customer: replied 7 months ago.
What is the best way to obtain a lawyer?
Expert:  Ash replied 7 months ago.
You can find one here:http://solicitors.lawsociety.org.uk/Does that help?Alex
Customer: replied 7 months ago.
Thanks.
Any advice about the hours question?
Expert:  Ash replied 7 months ago.
That would be a claim in nuisance law. The same procedure applies as you are seeking an order they limit the nuisance. Again the Council would have local guidelines about when 'noise' can be made.Does that clarify?Alex
Customer: replied 7 months ago.
I don't quite get the difference between the noise and vibration + legal and the hours. Aren't both of them a nuisance?
Customer: replied 7 months ago.
Tower hamlets residential environmental division only covers the following:
DIY
amplified music (not from parties)
musical instruments
domestic appliances
leisure activities / hobbies
partiesWhere does that leave me?
Expert:  Ash replied 7 months ago.
But this is a business (gym) giving out vibration. They should investigate.Alex
Customer: replied 7 months ago.
No the gym is part of the flats
Expert:  Ash replied 7 months ago.
Oh I see. It could still be a private nuisance so you can still take action. Its exactly the same as above. Common law nuisance.Alex
Customer: replied 7 months ago.
Not clear, could you please explain? From my readings noise can be objective measured. How do I go ahead to proove nuisance?
Expert:  Ash replied 7 months ago.
That is why you have a survey, probably from an acoustics expert. But you need evidence of the noise/vibration etc and the expert will say to what extent this has an impact.Does that clarify? Alex

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