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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 6782
Experience:  Solicitor
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I have moved into this flat and have a serious noise problem

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I have moved into this flat and have a serious noise problem from the property above. when i was looking for a flat, i made clear to estate agency that i am looking for a place where i wouldn't have a problem with noises from adjoining flats. the agency assured me that i wouldn't have such problem as this is an old flat and properly built. I trusted that words and went for 2 years contract. the problem started when i moved in. i can hear everything from my upstairs neighbours. the worst thing is their squeaky floors. the lady used to live upstairs woke up at around 5 am and i really haven't had a good sleep since i moved to this flat. i contacted the agency. the agency told me that the landlord is not responsible for the walking noises/any noises from upstairs. and i was told that if i break the tenancy agreement, i will need to pay termination charges etc and advised me to contact the flat owner above myself.
i did indeed. i even offered the landlady upstairs to pay some to fix their bedroom floors well the lady didn't see a point of fixing it as she was planning to sell this flat. she moved out a month ago. only time i could sleep without sleeping aids is the time when there is no neighbour upstairs. i spoke to the landlord who bought the flat upstairs and i was told that he would look into it once the temporary occupants move out. they are a family of 4 with two boys. they are just living their lives but their squeaky floors are horrendous. Is there any way i could be free from this flat? i have been trying to reach local citizen advice unit but i haven't been successful. please let me know what options i have and how i can get my current tenancy agreement terminated.

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

Have you reported this to the council?

Customer: replied 1 year ago.
what do you mean report to council? report to council about my landlord/agency or the landlord/landlady upstairs?

About the noise.....

Customer: replied 1 year ago.
do they deal with squeaky floors and the noises produced upstairs neighbours daily life? floors and sounds transmissions from above is horrible. its not like they are having parties etc.
Customer: replied 1 year ago.
or do you mean about the agency?

What you need to do is complain to the council who can Invetsigate. They will install noise moinitoring equipment. If it's above the permitted level for the area then they can take action and issue a noise abatement notice.

If it's not above the permitted level then you can still move out. If it is causing you distress. This is called a breach of contract which is so significant that you can end it.

Therefore go to the council first of all if that does not work then you could end the contract for a funadamental breach, i.e. It's so noisy.

Can I clairfy anything for you about this today please?

Customer: replied 1 year ago.
34;Therefore go to the council first of all if that does not work then you could end the contract for a funadamental breach, i.e. It's so noisy." - due to noises, i wanted to go for this. i tried to speak to the agency, but all i got was the breakdown of termination charges etc i have to pay extra. do you mean i can be free from the contract without being charged extra? the estimate i got from the agency was if i leave around september, i have to pay over 3500 GBP + rents until they find a new tenant.

Yes yes council first. You won't have to pay charges to leave if it's a fundamental breach of contract.

Does that clairfy?

Customer: replied 1 year ago.
would i need a confirmation mail or email from somebody else, solicitor confirming that its a fundamental branch of contract? so that the agency can no longer point fingers at me saying its all my problem? i will email to council now. the noise level in this flat is horrendous when there is somebody upstairs.

you can get a local solicitor to write if you wish, but you would probably have to pay for that.

Email the council now. If it's a fundamental breach it's not your problem and you can leave without fees.

Does that clairfy?

Customer: replied 1 year ago.
thank you. will do that now.

If I could ask you to rate my answer before you go today, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

Customer: replied 1 year ago.
i paid for today's service. by the way, another quick question, i really want to be free from this flat. what do you think of me contacting the agency with the info i got today? you think i should wait for a letter from local solicitor and council?

Yes you should wait until council etc.

Dues that clarify?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 1 year ago.
thank you

all the best.