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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 814
Experience:  Experienced solicitor
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I have live on the ground floor of maisonette, they tenants

Resolved Question:

Hi, I have live on the ground floor of maisonette, they tenants upstairs have wooden floors and are constantly causing a noise nuicance, they are only renting. We have spoke to freeholder and she won't do anything about situation. I have gone through my lease and the only thing I can see is the landlords obligations, section 6, where it says that we are entitled to peacefull enjoyment of our property.
Do you think this gives me any rights if I was to take this to a solicitor or would I just be wasting money
Thanks, michael
Submitted: 2 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 2 years ago.
Hello,I am a solicitor with 20 years experience. I will try to answer this question for you.
A covenant for peaceful (or quiet) enjoyment is usually about occupying free from harassment.
If the behaviour is so bad that it amounts to a nuisance then you might be able to take action but this is difficult in poor noise insulation cases as the noise probably comes for fairly normal activities.
I take it there is no clause requiring carpeting or thermal insulation standards to be met by your upstairs neighbours. Do you know when the flats were built or the building converted to flats?
Customer: replied 2 years ago.

the answers to vague

Expert:  LondonlawyerJ replied 2 years ago.
if you want more precision give me the extra information I have asked for. What sort of activities can you over hear. When was the building built and/or converted.
Customer: replied 2 years ago.

Children running on floors 7 days a week, night and day. And can hear every footstep

Expert:  LondonlawyerJ replied 2 years ago.
This will not be the sort of noise where you can take action against the neighbours. Unless there is something specific in the upstairs lease about noise insulation or fitting carpets you will be unlikely to be able take action.
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