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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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No, I bought the flat. The other flats are rented.

Customer Question

No, I bought the flat. The other flats are rented.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

I can't see your previous question, might I ask you to post it again here?

Customer:

Hello Alex, I have bought a lovely garden flat, but I didn't know the flat above (rented) has wooden floors, and the

Customer:

noise is unbearable, especially as I get woken up at night

Customer:

I have no experience of moving or flats. Should I not have been warned by agent or vendor?

Alex Watts :

Have the previous owner ever said they had a dispute with the neighbour please?

Customer:

I hate complaining so have said nothing yet as they are a nice family, and I hate any sort of confrontation. I do not

Customer:

know the previous owner, my flat has been empty then refurbished after having tenants. I think the frooring upstairs

Alex Watts :

OK - you need to check to see if the seller had any problems. If so this could be classed as a dispute which should have been disclosed.

Alex Watts :

Generally flats do not allow wooden floors.

Customer:

is quite new. The landlord/owner lives in the US!

Alex Watts :

But see first with your own solicitor, it should have been picked up.

Alex Watts :

However if that avenue is not available, have a quiet word if you can

Alex Watts :

If that is not something you are comfortable with then you should speak to the Council

Alex Watts :

Under the Environmental Protection Act they have a duty to investigated.

Alex Watts :

They would first install noise monitoring equipment in your flat and if it does pick up noise, they can have a word

Alex Watts :

But generally if they are tenants there will be a clause that states not to cause noise or annoyance to others.

Alex Watts :

But clearly your Landlord is in the USA so this enforcement might be a proble

Alex Watts :

* problem *

Alex Watts :

But have a quiet word or if you do not want to speak with the Council

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

It is a Victorian house which was converted into flats in 1960!

Alex Watts :

Yes indeed. But still the Council can do something

Alex Watts :

Poor you.

Customer:

Yes, but he returns occasionally, i.e. to do 'improvements' to his flat among other things.

Customer:

I think you can have sound insulation approx cost 10k

Alex Watts :

Yes but that is the Landlord's responsibility

Alex Watts :

First check with your own Solicitor to see if anything was raised

Alex Watts :

If not then contact the Council

Customer:

ok, thank you. The other two flat above are also rented, but I never hear them - no noise would penetrate the

Alex Watts :

Of course.

Customer:

upstairs flat.I can just about hack it during the day, but being woken up in the early hours is unbearable! Wood floors are

Customer:

great but no to live underneath!

Alex Watts :

Of course. So take the steps above

Alex Watts :

1) Speak with your Solicitor to see if there seller raised anything

Alex Watts :

2) Speak with the Council

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

No thanks. Just what I thought!

Customer:

Thank you for your help.

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.

If the system won’t let you please click reply.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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