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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 7303
Experience:  Solicitor
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I live on the basement level of a Victorian building. There

Customer Question

I live on the basement level of a Victorian building. There are 4 Flats and we’re converted many Years ago. The flat above has recently been sold. The new occupants have moved the Kitchen into the living room and removed all the underlay and carpets. They are putting wooden floors down with 5ml underlay. I told them that this is not enough and there is 10ml with Air and floor noise reduction of 50%. They have ignored this and are carrying on with 5ml. The noise is horrendous. I can hear them talking and any movement. Are they within the law to do this. We are an old conversion .
Submitted: 16 days ago.
Category: Law
Expert:  Nicola-mod replied 15 days ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 15 days ago.
Continue please
Expert:  Nicola-mod replied 14 days ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Jamie-Law replied 14 days ago.

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

Expert:  Jamie-Law replied 14 days ago.

Is there anything in your lease which specifies this?

Customer: replied 14 days ago.
Thank you
Expert:  Jamie-Law replied 14 days ago.

Is there anything in your lease which specifies this?

Customer: replied 14 days ago.
My lease says that any alterations that can cause noise to neighbors below
Expert:  Jamie-Law replied 14 days ago.

Ok - so it says it is ok to cause noise below?

Customer: replied 14 days ago.
I would like to know if you can remove carpet and underlay. And put wooden flooring down without a specific sound proofing. He has put 5ml underlay which has no noise reduction.
Customer: replied 14 days ago.
Does the law require in conversion buildings to have some form of noise and sound reduction if carpets are removed.
Expert:  Jamie-Law replied 14 days ago.

You need to check the lease.

If it makes it worse and reduces effectiveness then the answer is no.

It would be a complaint under the Environmental Protection Act 1990.

As such you can seek an injunction to make them demolish the kitchen, put down flooring insulation and then reinstated.

The law does not specifically mention this- but you have an action under the above Act.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 14 days ago.
Thank you for that. I have telephoned rye local Council. Any changes pre 2003 are not covered by noise protection.
Customer: replied 14 days ago.
I am assuming I have to check the lease to see if there are any restrictions
Expert:  Jamie-Law replied 14 days ago.

Correct. If you have left it since 2003 then you are out of time anyway, as you have 6 years to bring a claim

Does that assist?

Customer: replied 14 days ago.
No, thevworks we’re finished Saturday. I meant the law changed in 2003
Expert:  Jamie-Law replied 14 days ago.

Yes that is correct

Does that assist?

Expert:  Jamie-Law replied 5 days ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 stars before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the bottom of the screen. Please do not forget as it is an important part of the online process! If you need anything further I am available for a follow up at no extra cost. Thank you.