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Peter Collins
Peter Collins,
Category: Property Law
Satisfied Customers: 3650
Experience:  Barrister at Self Employed
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I am leaseholder in a flat and have recently had a couple of

Customer Question

Hi,I am leaseholder in a flat and have recently had a couple of complaints from the inhabitants below and above about some noise disturbance. They have contacted the freeholder and we are meeting to discuss in next 2 weeks, I wondered what the risk of leasehold terminations is. The lease has wording:
The Leesee hereby further covenants…Not to do or permit or suffer to be done in or upon the demised premises anything which may become a nuisance annoyance or cause damage or inconvenience to the Lessor or the occupier of any other flat in the Building…”
I've had a total of 3 email noise complaints in the past 7 years that I have lived here and have small children which i believe are the main issue ( they don't always stay with me), i haven't played music or done anything intentionally antisocial. I wonder what sort of evidence is required to terminate the leasehold and what opportunity i would have to stop this. I understand that the freeholder would have to apply to the courts and serve notice for breach of the lease.I'm also currently trying to sell the flat, so moving out earlier and renting the apartment may be an option to avoid further action..
thanks for help with this query
Submitted: 9 days ago.
Category: Property Law
Expert:  Nicola-mod replied 9 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 9 days ago.
Hi yes I’m ok to continue to wait for an answer . Thanks
Customer: replied 6 days ago.
HI Nicola, any luck with this question. should i repost?
Expert:  Nicola-mod replied 6 days ago.
Hello,
We will continue to look for a Professional to assist you. If you decide to repost, please let me know, and I will close this question. There is no need to, Experts are able to see this question.
Thank you for your patience,
Nicola
Expert:  Peter Collins replied 6 days ago.

Hello, my name is*****'ll try to assist.

Do you have more details about the actual complaints that have been made and what has been reported?

Customer: replied 4 days ago.
Hi, i had 2 complaints by email in 2015 and 2017 about specific incidents of people staying at my appartment making too much noise ( music playing one time and another time making a phonecall on the balcony at 3am). I'm meeting the neighbours next week to hear about the latest complaint ( think it will be related to my children jumping around in apartment). I have received no other written or verbal complaints and 80% i live alone and there is no noise ( ie don't play music late or make any undue noise at antisocial hours such as after 9.30pm or before 8am)
Expert:  Peter Collins replied 4 days ago.

I don't think your children making noise occasionally is going to be enough to convince a judge to terminate a lease. Coupled with the fact that you are selling in any event, this means in my view that the costs of applying to court would not be proportionate to the outcome given that the property will shortly not belong to you.