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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69367
Experience:  Over 5 years in practice
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I live in a first floor flat, (rented, housing association)

Customer Question

I live in a first floor flat, (rented, housing association) and I have a problem with noise from above. I complained to the housing association about the noise and gave them a log of times the noise happened. The association passed the complaint to the local council who said it was to infrequent for them to act. The housing association then sent a mediator out to hear the noise, witch he did, and then went to up stairs to see them. He then reported to me that the people up stairs were not doing it on purpose. He also mentioned that while he was up stairs he noticed that when he was upstairs that there floor shook when they walked around. The housing association have now informed me that they don't intend to do anything about the noise, although it goes on 7 days a week , week in week out. Is there anything I can do to make them act on this issue as I pay £120 a week rent and get no peace or quality of home life because of this problem.
Submitted: 6 months ago.
Category: Law
Expert:  Jo C. replied 6 months ago.

What type of noise is this?

Customer: replied 6 months ago.
I would say it was stamping, but the mediator said they were just walking
Customer: replied 6 months ago.
I should mention that my ceiling rattles when this noise is going on.
Expert:  Jo C. replied 6 months ago.

That is a problem I'm afraid.

I'm very sorry but that is just normal household noise and does not amount to a nuisance.

I do appreciate that flats are not an oasis of peace and quiet but that doesn't turn things like that into an unlawful nuisance.

Expert:  Jo C. replied 6 months ago.

I'm afraid there isn't any action that can be taken over that type of noise.

It is one of the features of new properties as well that they are usually so badly built that you can hear everything that happens as the walls are like sheets of paper.

I'm very sorry but that is the nature of the accommodation.

Can I clarify anything for you?

Jo

Customer: replied 6 months ago.
What is the law on party walls and would it cover the ceiling as some one is living abouth
Expert:  Jo C. replied 6 months ago.

They don't have to be a certain thickness.

Neighbours should not cause noise nuisance but this is just normal house hold noise I'm afraid.

Customer: replied 6 months ago.
Would you then say the building is not fit for rental purpose ?
Expert:  Jo C. replied 6 months ago.

No.

This is normal household noise.

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