Some advice needed please about noisy neighbours.?
My neighbours upstairs have bare hardwood floors and thin rugs covering floorboards. This means I get loads of noise, which wakes me in the middle of the night and is quite disturbing and intrusive in the evenings and weekends too.
The lease specifies carpets with underlays must be fitted, and though I have written to the freeholders about this they have done nothing to force them to comply. The occupants are denying they're doing anything wrong, however went quiet when I showed them the lease.
Can I take action against the freeholders because of their negligence, or is it just a case of chasing them up until they do something ?
I would be very grateful if somebody else who has had this problem could give me some advice, as this is really starting to have a bad affect on me.
Answers:
to your comments.you are not allowed to withhold any rents or charges just because you feel you have a disagreement with the freeholder or tenant above.
If you're thinking of going down a legal route then make sure you stay squeaky clean. A freeholder would love you to withhold payment and become in breach of contract, they could just terminate your lease then.
You also cannot force then to uphold a contract they have with the tenant above you. If its a crimnal offence (not ) then you would involve the police. If its contractual ( it is ) then its between the signatories, you're a 3rd party and have no say in it I'm afraid,
You're contract does not say "the freeholder agrees to enforce all other contracts"
Sorry, but thats it, you could try CAB but I don't hold out much hope.
Sympathise.I don't think I could live in close proximity to others like in flats etc.
if i were you i would go to my landlord and tell them that if they dont do anything about the person upstairs (noise issues) then you will start paying the rent due to him in court. That way he will be tied up with court procedures till he settles your noise problem. My guess is that he will get it settled quite quickly.
If you have written proof that there is supposed to be an underlay then YES, you can take action. Because the noise is keeping you awake at night and you are suffering at your job. You CAN take action and you SHOULD, quickly before you lose anymore sleep! I know exactly how bad noisy neighbours are! Good Luck!
Move.
You can always go down the 'enviromental health' route. Contact them and then you need to keep a diary with times dates etc. But also I would think you can do something in Crown Court to ensure the lease agreement is upheld. Or why not advise the owners of the lease that you won't pay maintenance or ground rent etc if tehy don't sort something out.
The really best answer is to move. Even new thick rugs will only help a little bit.
you have done the right thing but I would go to the citizens advise and see what they suggest
are they playing loud music until the early hours, if so get in touch with enviromental health noise abatement team, if not get legal advice about your rights and make a claim against the freeholders through small claims court
tell your landlords.
2 words .. environmental health!
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The lease specifies carpets with underlays must be fitted, and though I have written to the freeholders about this they have done nothing to force them to comply. The occupants are denying they're doing anything wrong, however went quiet when I showed them the lease.
Can I take action against the freeholders because of their negligence, or is it just a case of chasing them up until they do something ?
I would be very grateful if somebody else who has had this problem could give me some advice, as this is really starting to have a bad affect on me.
Answers:
to your comments.you are not allowed to withhold any rents or charges just because you feel you have a disagreement with the freeholder or tenant above.
If you're thinking of going down a legal route then make sure you stay squeaky clean. A freeholder would love you to withhold payment and become in breach of contract, they could just terminate your lease then.
You also cannot force then to uphold a contract they have with the tenant above you. If its a crimnal offence (not ) then you would involve the police. If its contractual ( it is ) then its between the signatories, you're a 3rd party and have no say in it I'm afraid,
You're contract does not say "the freeholder agrees to enforce all other contracts"
Sorry, but thats it, you could try CAB but I don't hold out much hope.
Sympathise.I don't think I could live in close proximity to others like in flats etc.
if i were you i would go to my landlord and tell them that if they dont do anything about the person upstairs (noise issues) then you will start paying the rent due to him in court. That way he will be tied up with court procedures till he settles your noise problem. My guess is that he will get it settled quite quickly.
If you have written proof that there is supposed to be an underlay then YES, you can take action. Because the noise is keeping you awake at night and you are suffering at your job. You CAN take action and you SHOULD, quickly before you lose anymore sleep! I know exactly how bad noisy neighbours are! Good Luck!
Move.
You can always go down the 'enviromental health' route. Contact them and then you need to keep a diary with times dates etc. But also I would think you can do something in Crown Court to ensure the lease agreement is upheld. Or why not advise the owners of the lease that you won't pay maintenance or ground rent etc if tehy don't sort something out.
The really best answer is to move. Even new thick rugs will only help a little bit.
you have done the right thing but I would go to the citizens advise and see what they suggest
are they playing loud music until the early hours, if so get in touch with enviromental health noise abatement team, if not get legal advice about your rights and make a claim against the freeholders through small claims court
tell your landlords.
2 words .. environmental health!
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