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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10742
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I have a neighbour above who has wooden flooring which has

Customer Question

I have a neighbour above who has wooden flooring which has created a lot of noise. I have discussed it with the neighbour who has now rented the property. She has done nothing about it and the lease does stipulate the flooring must be such that it does not disturb the neighbours. A solicitor sent a letter to the letting agents to say that the flooring must be rectified or legal action may be taken. Nothing has happened the solicitor advises legal action but the council cannot help with the recording of the noise. Tenants have put rugs down which has helped slightly
I have thought about this carefully and taking a lot of other issues into account I have decided to move from the area. The conveyancing solicitors have sent a questionnaire about the property one question relates to any disputes with neighbours. I think I ought to declare the problem but perhaps play it down a little as I am not taking further action. Is this likely to cause problems for the sale?
Thank you
Submitted: 4 years ago.
Category: Law
Expert:  Aston Lawyer replied 4 years ago.
Hello and thanks for using Just Answer.

My name is Al and am happy to assist you with your enquiry.

I'm afraid that you will need to disclose this issue when answering the relevant question in the Property information Form (PIF). This is because the Buyer can rely on the answers you provide on the PIF, and if you don't disclose then your Buyer would have the right to sue you if he/they get chatting with your neighbour after completion.

I leave it to you as to how much information you provide to the Buyer. You should of course disclose that a Solicitor's letter was sent, and if so, the Buyer's Solicitor will ask to see a copy of it.

It will then be up to the Buyer, upon the advice of his Solicitor, what action, if any, he wishes to take. His Solicitor may ask for further action to be taken to resolve the problem- you would need to check with your Solicitor but there should be a provision in your Lease stating that the Landlord will take action against a Tenant if they are in breach of any of their covenants under the lease, with the landlord's costs being met by the party who raises the complaint (ie you).Furthermore, if the Landlord is not willing to take action freely, your Solicitor can point out to him that he is also in breach of his covenant to you in that as Landlord he is under a duty to give you "quiet enjoyment" of your premises. Accordingly, if I was acting for your Buyer, I would be asking that the Landlord get involved to resolve the problem.

If this action is taken, then I'm afraid it is likely to delay your Sale- how long, I couldn't say, but it may take a good few weeks.

I hope this assists and sets out the legal position.

Kind Regards
Customer: replied 4 years ago.

Thank you.

The landlady lived in the flat before the tenants and the problem with the flooring was occuring then. It was pointed out to her that the lease stipulated that the flooring must be adequate as not to disturb neighbours. I cannot prove that there is a problem without proper recordings of the noise.

I will state that a letter has been sent to a neighbour above regarding noise from wooden flooring, tenants have placed rugs down and no further action will be taken.

Thank you

Expert:  Aston Lawyer replied 4 years ago.

Hi again,

Thanks for your reply.

That would be the response I would give, to be honest.

Good Luck!

Kind Regards
Expert:  Aston Lawyer replied 4 years ago.


Is there anything else I can assist you with?

Kind Regards