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F E Smith
F E Smith, Advocate
Category: Law
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Experience:  I have been practising for 30 years.
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I own a flat in a block and the tenant above me is mentally

Resolved Question:

I own a flat in a block and the tenant above me is mentally ill and so stamps on the floor in the middle of the night, this has damaged the ceiling in my flat. The management company own this flat, so when I contacted them they said I should sue the tenant and not them. Who is liable for this damage?
Submitted: 6 months ago.
Category: Law
Expert:  F E Smith replied 6 months ago.

Are you bothered just about the damage or are you also bothered about the noise?

Customer: replied 6 months ago.
Both
Expert:  F E Smith replied 6 months ago.

There are a variety of issues here.

If the noise is more than the everyday noise of life, you can get an injunction to prevent the noise and if you don’t want the trouble of going to court, make a formal complaint to the Environmental Health Officer who can issue a noise abatement notice to make the noise stop.

You have a cause of action against the tenant in common law nuisance but that would involve going to court.

You also have a cause of action against the landlord also in common law nuisance for allowing it to happen.

You have a cause of action against both the landlord for allowing the damage to happen and the tenant for doing it.

It seems unlikely that either party are going to pay up easily so you need to get a quotation (not an estimate because courts don’t like estimates)for putting the job right and then, ask them to reimburse you. If they don’t, take them both to the Small Claims Court as joint defendants.

Can I clarify anything for you?

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Best wishes.

FES

F E Smith, Advocate
Category: Law
Satisfied Customers: 8974
Experience: I have been practising for 30 years.
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