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Ash
Ash, Solicitor
Category: Property Law
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Experience:  Solicitor with 5+ years experience
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This company holds the freehold of a block of flats. We have

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This company holds the freehold of a block of flats. We have received a complaint from a tenant about the level of noise from another flat. What are the company's dutues to the tenant in helping resolve this dispute?
Submitted: 11 months ago.
Category: Property Law
Expert:  Ash replied 11 months ago.
Hello my name is ***** ***** I will help you.
Is it a term of the lease not to cause noise or nuisance please?
Alex
Customer: replied 11 months ago.
Hi AlexAll leaseholders (and tenants of leaseholders) have to agree to accept a Code of Conduct which says, "Everyone should make every effort to keep television and stereos to an acceptable level. Slamming doors and use of vacuum cleaners late at night is unnecessary and is a disturbance to everyone. According to the terms of your lease, floors should be covered with carpet, felt matting or other suitable sound proof material." So while appropriate floor covering is a term of the lease not causing noise is not apparently expressly covered in the lease.
Michael
Expert:  Ash replied 11 months ago.
What is it you want or not want to do about it?
Alex
Customer: replied 11 months ago.
We would prefer not to get too involved as it might only execerbate the situation. We don't know whether the complainant (sub-tenant) has actually approached the owner of the flat causing the nuisance but are thinking of suggesting that:-
a. he contacts the owner in an attempt to reach an amicable solution, or
b. he contacts his landlord to check whether the soundproofing could be improved, or failing all that
c. he contacts the local council for assistance
Our comnpany was formed with the principal activity being the upkeep and maintenance of the common parts and it was only later that the company acquired the freehold of the property. As I said, we would prefer not to get involved in disputes between individual flats but at the same time we would want to meet our obligations.Michael
Expert:  Ash replied 11 months ago.
There is no law that says you have to get involved. Its reputation only. I would suggest they contact the council. The council can investigate and prosecute where necessary.
But there is no direct clause that says you need to take action.
Can I clairfy anything for you about this today please ?
Alex
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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Customer: replied 11 months ago.
AlexThank you for your advice which is much appreciated. Since the claimant is not a leaseholder but only a tenant we would prefer not to risk alienating the leaseholder (also shareholder) so I think we will proceed on the basis I suggested.Michael

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