The landlord does lease the property and the leasehold document states:
The leasehold document states the lessee covenants:
The leasehold states the Lessee covenants:Not to play or permit to be played at any time in the said flat any musical instrument wireless gramophone or television set or to commit or permit any other noisy activity so as to be a nuisance or annoyance to the occupier of any adjoining or neighbouring flat. All the flats are owned on a leasehold basis. I hope this answers your question please contact if you require any further clarification
Have you complained to the freeholder or management co?
Yes I generally raised issues directly with the landlord but have just sent an e-mail to the Management company and the Directors of the Ltd Company responsible and am waiting there response. I am expecting it to be half soaked so wanted to get as much info myself as possible.The freehold is owned collectively by the flat owners within a Ltd Company if that makes sense.
The first step is the Management Company
They should take action and responsibility if the tenant (Landlord) is in breach of the lease.
But sadly you can't make the Management Company take action
What you should do is complain to the Council
They can install noise monitoring equipment
If the neighbours are noisy then the Council can take action under the Environmental Protection Act.
The Council can take action to enforce and limit any noise pollution.
You could take action yourself and go to Court
However there is a cost to this and of course you would need to pay a Solicitor
So this is why perhaps you should try the management company and then the Council
Can I clarify anything for you about this today please?
I understand as a landlord I have a responsibility to ensure my tenant can peaceful enjoyment of the flat I am letting. Where does that leave me if I now get a tenant knowing that they will suffer noise disturbance from the neighbours. I feel very uncomfortable doing this but need a rental income to cover the mortgage.
Peaceful enjoyment clause generally applies to your conduct, ie you wont bother the tenants
But sadly you need to take the action I have suggested above
That is the management co and then the Council
It takes time
But you can go via a Solicitor, at a cost, but it would be quicker if you went to Court
A letter from a Solicitor to the Management Co or neighbour may do the trick
Does that help?
I thought a letter from a solicitor may help so will go down that route if necessary. Alternatively I will sell up and have a much easier life. Thanks for your assistance
Happy to help
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