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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am landlord of a property that has noisy neighbours, The

Resolved Question:

I am landlord of a property that has noisy neighbours, The landlord of that property appears reluctant to do anything about this problem. My current tenants are moving out in a couple of weeks. Where do I stand in terms of letting my flat which I anticipate will have further problems with noise disturbance?
Do I have any legal rights against the landlords failure to act. Also he is allowing the tenant to breach the Leasehold regs is there any action that can be taken with regards ***** ***** of the leasehold document?
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Does the landlord lease that property? If so does the lease have a clause saying not to cause noise or annoyance please?
Customer:

The landlord does lease the property and the leasehold document states:

Customer:

The leasehold document states the lessee covenants:

Customer:

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

Alex Watts :

Have you complained to the freeholder or management co?

Customer:

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.

Alex Watts :

The first step is the Management Company

Alex Watts :

They should take action and responsibility if the tenant (Landlord) is in breach of the lease.

Alex Watts :

But sadly you can't make the Management Company take action

Alex Watts :

What you should do is complain to the Council

Alex Watts :

They can install noise monitoring equipment

Alex Watts :

If the neighbours are noisy then the Council can take action under the Environmental Protection Act.

Alex Watts :

The Council can take action to enforce and limit any noise pollution.

Alex Watts :

You could take action yourself and go to Court

Alex Watts :

However there is a cost to this and of course you would need to pay a Solicitor

Alex Watts :

So this is why perhaps you should try the management company and then the Council

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

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.

Alex Watts :

Peaceful enjoyment clause generally applies to your conduct, ie you wont bother the tenants

Alex Watts :

But sadly you need to take the action I have suggested above

Alex Watts :

That is the management co and then the Council

Alex Watts :

It takes time

Alex Watts :

But you can go via a Solicitor, at a cost, but it would be quicker if you went to Court

Alex Watts :

A letter from a Solicitor to the Management Co or neighbour may do the trick

Alex Watts :

Does that help?

Customer:

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

Alex Watts :

Happy to help

Alex Watts :

If this answers your question might I invite you to rate my answer

Alex Watts :

If the system wont let you please do say

Alex Watts :

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