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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10176
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I have been living in a morgaged flat years. my next door

Customer Question

hi there,
I have been living in a morgaged flat for 6 years. my next door neighbours, are tenants and there is about 10 of them living in the house, they are very noisy and everytime I have to ask them to keep their noise down, what are my chances to them to court? or shall I sue the landlord? what proof do I need ?
Thanks
Submitted: 4 months ago.
Category: Law
Expert:  Aston Lawyer replied 4 months ago.

Hi, thanks for your enquiry.

There are normally covenants in the Lease regarding causing nuisance or annoyance to other occupiers of the building (ie in your long term Lease). The lease should set out how the covenants can be enforced. It is normally the landlord (ie the Freeholder) who has the power to enforce covenants within the lease. This means that a leaseholder will generally need to instruct the landlord to enforce the covenants against another leaseholder (ie the person who is renting out next door). Please note, however, that you would have to reimburse or pay up front any costs incurred by the Freeholder in taking any such action against the person who is renting out next door. Initially, this would normally entail the Freeholder instructing a sound expert to monitor the level of the noise.

In some leases certain covenants may be mutually enforceable. This means that a leaseholder (ie you) could take legal action directly against another leaseholder (ie the person who is renting out next door) for breach of covenant.

In the first instance it may be advisable to try to resolve the matter amicably- so ideally, if you can get in touch with the person who is renting out next door, a strongly worded letter (by a Solicitor if possible) stipulating that his Tenants are causing a nuisance and if he does not take steps to resolve it, you will have no alternative but to ask the Freeholder to take action. I must say that the cheapest and quickest solution is if the Council are prepared to get involved, but take it that you have had no joy with them- I'm not sure what they have told you, but they can monitor the noise to see if the neighbours are creating a nuisance. You should also mention that there are 10 of them living there, meaning the owner may not have obtained the requisite consent to let out the property to so many people. I hope this assists and sets out the legal position. If I have helped, I would be grateful if you could rate my answer. Kind Regards Al

Expert:  Aston Lawyer replied 4 months ago.

Hi, if I have helped, please don't forget to rate my answer. Kind Regards Al

Customer: replied 4 months ago.
Hi Aston ,
Thank you very much for the reply but im so sorry I should have made myself clear, those neighbours live next door, in a house next to our house, i live in a converted victorian house, I own the ground floor flat.
Thank you anyway
Expert:  Aston Lawyer replied 4 months ago.

Hi Stella, apologies for misinterpreting the situation. The only practical action you can take is complaining to the Council on the basis that the Tenants are causing a "statutory nuisance" (ie for being too noisy). I'm afraid you have no legal grounds to sue the Landlord or indeed the Tenants as making noise is not a civil offence- it is only a criminal offence and can therefore be enforced in this situation by the Council. I can only suggest that you carry on badgering the Council to take action. I am sorry this isn't the answer you were perhaps looking for. Kind Regards Al

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