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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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I own a beauty salon and there are flats above. My landlord

Customer Question

I own a beauty salon and there are flats above. My landlord owns the whole building. New tenants have moved in upstairs and I'm not sure if they have taken up the carpet or they are just extremely loud, but their crying baby, toddler running around, drilling, everything… we can hear and when we are doing a relaxing facial or massage is making my customers very unhappy. Is there any regulations about having carpet down on a first floor flat. I wanted to make sure i have my facts right before i approach my land lord.
Thank you
Submitted: 1 year ago.
Category: Law
Expert:  propertylawyer replied 1 year ago.

Hi Loretta

Thanks for your question. I hope I can assist you.

There is no statutory provision requiring a flat to have a particular flooring laid.

It will depend on the structure of the letting arrangements. have the flats have been sold off or are they in the ownership of the freeholder?

If the flats have been sold off there may be a provision in the lease, requiring the floors to be carpeted. It will depend on the wording of your lease if you can 'force' the landlord to enforce any covenants or regulations contained within the lease of the first floor flat.

If the landlord lets out the flat on a tenancy then you will need to raise the issue with your landlord that the noise from above is affecting your business, this will then be down to the goodwill of the landlord to resolve the issue.

It is debatable whether the noise constitutes nuisance.

Do you have any further questions or queries.