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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 3269
Experience:  Solicitor
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Dear sir, We are leaving in a flat with my wife I have

Resolved Question:

Dear madam, dear sir,
We are leaving in a flat with my wife I have bought and moved in February.
It came up that the soundproofing of the flat floor above is very poor and let through a lot of the noise. I have raised the complaint to the neighbour and the free holder since then but nothing has been done so far.
The problem is the owner of the flat above has let in a tenant who is having a very busy night activity having lady visiting, speaking loudly and walking with hard shoes at any time of the night.
I am travelling often, in Dubai at the moment but my wife is turning mad and sending me message overnight as she just can't sleep.
I am desperate and don't know what to do.
Thank you for your support.
What can I do to make the tenant stop this behaviour and force the tenant to soundproof her floor as I did myself in my flat? Even for this soundproofing I did offer to pay 50% of the cost but the landlord seems to be very "detached" from our night peace.
Submitted: 7 months ago.
Category: Law
Expert:  Jamie-Law replied 7 months ago.

Hello my name is ***** ***** I will help you with this.

What is it you want to achieve please?

Customer: replied 7 months ago.
I want to raise a claim against the tenant to make him stop his noisy night life.
Expert:  Jamie-Law replied 7 months ago.

Is it a structural problem with the property?
Is the neighbour being noisy or is it just the soundproofing which is poor?

Customer: replied 7 months ago.
It is mainly a soundproofing which is poor and need to be improved.
I did the same to my flat when I bought it and the underneath neighbour is very happy.
The lease contract is stipulating that we have to look after the soundproofing of our floors.
Expert:  Jamie-Law replied 7 months ago.

Ok - its a mixture of news. If it is soundproofing and a structural issue there is nothing you can do. Case law suggests that when it is to do with the fabric of the building owners are not expected to do any more.

However if the noise is generally excessive, that is above and beyond normal then you should consider complaining to the Council - Environmental Health.

They can install noise monitoring equipment and see whether the noise is above permitted levels for the area.

If they are they can issue a noise abatement notice.

But once you have levels you could take this to the Magistrates Court as well and seek an order they keep quiet.

Can I clarify anything for you about this today please?

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 3269
Experience: Solicitor
Jamie-Law and other Law Specialists are ready to help you
Customer: replied 7 months ago.
The representative of the Free holder sent this mail to the owner of the flat above in March.
So you still think there is not much to do, or if I have to go for a legal action it would be against the free holder and not the owner of the flat above. I am interested to have your feedbackIrrespective of any view held by the Building Authority if you refer to the
Lease you hold under (all Leases of the Flats are in what is known as "common
form") you will see that:(a) by Clause 3 of the Fifth Schedule (I paraphrase) you Covenant not to cause
or permit any nuisance or annoyance to another occupier and(b) by Clause 19 of the same Schedule you Covenant "to cover and keep covered
the floors of the demised p[premises other than the kitchen and bathroom with
carpet or other suitable sound deadening materiel"You may wish to re-consider your response to Mr & Mrs Levy as we are not aware
of any prior Consent from our Client permitting the laying of the Parquet
Flooring unprotected in the manner proscribed..
Expert:  Jamie-Law replied 7 months ago.

Sadly not, case law shows that you cant get them to deal with the fabric of the building.

If they are using laminate instead of carpet you can get the tenant to do that.

But not to soundproof.

Customer: replied 7 months ago.
Thank you very much for your advise and feedback.

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