Boiler /pipe noise from upstairs - legal advise/ action?

Stressed_Out_Terri

Hi all

Wonder if any offer me any legal advise on this?

I purchased my 1st ever flat last year and everything was fine until my neighbour who is a DIY fan decided to install a combi boiler and refurbished his bathroom himself.

Since then, there's leak in the bathroom which has been sorted out but for almost a year their boiler /pipe is making a huge noise whenever their hot water is on. Because it's a concrete block, sound vibrates throughout the whole flat. Imagine someone drilling wood upstairs at any time of the day/night - and 5-15 mins each time, it's how it's felt.

What I suspect is that they put the combi in the original water tank cupboard (instead of like us it's placed in the kitchen which is further away from the main pipes) and it's caused enormous vibration to the pipes as the water pressure required is higher now. So the pipes vibrate and transfer to our floor because the combi is directly above the main pipes.

I have complained to the people above as well as the self-managed management company. People above said they have done everything they can i.e. insulations etc but refused to send a professional to re-install the boiler or inspect the problem.

But it's been causing me lots of stress in the last year as they can have their water on on like 9am on a Sunday morning. I can't even have a lie in coz' the sound just wake everyone up. Although they have kind of "control" their hot water using time, I am thinking this is not sustainable in the long term.

If they ever decided to sell their flat and the new buyer/tenant doesn't stick to this "agreement", and you can't stop them from having a shower like at 3am? I would be in serious trouble.

The dilemma is - if I start taking legal action and/or making official complaints to the people above and/or the management company, will I need to declare that if I decided to sell my flat? If I don't (which I don't want to do that to anyone), will I be in trouble?

Also, if we ended up in court, then there will be a chance where the judge says it's not unreasonable to have the hot water on between say 7am to 10pm??? Then I would need to incorporate that into the lease if I decided to sell /rent out the flat?!

I really am in a catch 22 position. The idea of asking advice from a lawyer maybe the last resort but I am really furious that I will need to pay for my neighbours' incompetencies and selfishness.

Any advice would be highly appreciated. Many thanks

N79

Have you asked you neighbour to investigate the source of the noise with your plumber? It may be a simple fix. If necessary, have you offered to pay for the plumber?

Another option would be to have a plumber investigate the noisy pipes in your flat and see if they can be moved or changes to reduce the noise. Obviously you will have to pay.

Either way, you have little or no chance in court, other than incurring huge costs and devaluing your flat as a result of the dispute. Noisy pipes at 9 am is hardly going to be called an inconvenience!

poppysarah

Is his gas installation registered with corgi/gas safe?

Stressed_Out_Terri

N79 wrote: »

Have you asked you neighbour to investigate the source of the noise with your plumber? It may be a simple fix. If necessary, have you offered to pay for the plumber?

Noisy pipes at 9 am is hardly going to be called an inconvenience!

I have. If it's simple, this problem wouldn't have lasted for a year now.

So are you saying my lifestyle should be tailored around them? I understand where you are coming from but I need to work hard during the weekdays to put food on the table. It is too much to ask for to have a lie in on a SUNDAY MORNING AT 9am ?? In fact if you read my OP, what's been happening is NOT my main concern. I am more concerned if their property change hands, there's nothing to stop the new owners/ tenants to switch on their hot water at 3am.

Stressed_Out_Terri

poppysarah wrote: »

Is his gas installation registered with corgi/gas safe?

Good question. I am fairly sure the answer is NO. The guy from upstairs is VERY stingy.

Initially they didn't even insulate the pipe from the boiler to the bathroom (underneath the corridor floor board), and whenever water is run, there's A HUGE noise like someone digging pavements above.

Apart from that, I did tell the wife I was worried the boiler might explode (because it was SOOO noisy), then they eventually called out British Gas to check if the boiler is ok etc. I can only assume it's ok otherwise if it did explode, you might see my picture on the paper...

So according to them, there's "nothing else they could do" as they have asked "everyone they knew" how to get rid of the vibrating pipes. Note it's "asking", not "paying some professionals" to resolve this.

N79

Stressed_Out_Terri wrote: »

So according to them, there's "nothing else they could do" as they have asked "everyone they knew" how to get rid of the vibrating pipes. Note it's "asking", not "paying some professionals" to resolve this.

You can rant at my (edit: poorly worded) post but I think that my key point is just reinforced here. I am not suggesting that your neighbour has done anything nor that your lifestyle is to blame - it would appear that they have done as little as possible. Hence why I asked if you have offered to pay for a plumber to attempt remedial actions? Your neighbour may be stingy but have they refused to let you pay for an inspection and advice?

olly300

Stressed_Out_Terri wrote: »

Good question. I am fairly sure the answer is NO. The guy from upstairs is VERY stingy.

??? Either the boiler is ok or it isn't.

Ask via the management company (in writing) that they see a copy of the installation certificate to confirm it's been installed/certified as installed correctly by a Corgi/Gas Safe engineer. Explain that you are worried about Carbon Monoxide poisoning.

Don't mention the noise as the issue is your family and others in the block being killed by gas.

There is a case in South London where a family were nearly all killed because a boiler in an unoccupied flat in their building was leaking CO. (You can google it.)

If you get no joy talk to one of your local environmental health officers and again concentrate on everyone in the block being gassed to death.

Sometimes when trying to sort out problems you need to think laterally.

ILW

I thought it had had a BG service and inspection and no fault found. It does appear that badly supported pipework is the issue, which is not a safety matter.

Stressed_Out_Terri

olly300 wrote: »

??? Either the boiler is ok or it isn't.

Sometimes when trying to sort out problems you need to think laterally.

I guess he's not qualified NOT because he's stingy, but because he needs to ask British Gas to check the boiler. Upstairs told me BG thinks it's fine (if you trust BG that is) so I left it.

What you said about carbon monoxide is also my worst fear. Too complicated to explain but it's only been a year I can only say I really regret buying this place. Anything that "troubles" the chairman (who's also a neighbour) won't get me any further in resolving the noise issue. Because the noise problem is between me and upstairs, any other issues will need the management company's involvement.

To be honest, those who are in "power" are so "helpful" here that if I manage to sell the flat, I really don't care what happen to the rest of the people in the block.

That's the reasons why I am in such a helpless position that I am thinking of paying lawyers to sort it out (which obviously could make things even worse let alone the money involved)

Stressed_Out_Terri

ILW wrote: »

I thought it had had a BG service and inspection and no fault found. It does appear that badly supported pipework is the issue, which is not a safety matter.

That's what I am thinking too. I even had a plumber suggesting maybe more stoppers (i.e. those plastic things that hold/ separate the pipes) to stop them vibrating - which I did tell upstairs.. but no use coz' they said they have done it (!)

sonastin

I'm having boiler installation problems myself and I'm struggling to understand the full legal position clearly so this might need taking with a pinch of salt but...

I don't think there is a legal requirement for the boiler to be registered with Gas Safe. I believe any "competent person" can install a gas boiler but they can only charge you to do it if they are registered with Gas Safe. I think that there is a legal requirement to register the new boiler with the council's building control department. A new boiler must also comply with current building regs. A conversation with your friendly local building inspector could produce some results.

The conditions of your / his lease might have more to say on the subject than just what the law says (like "you must use a registered engineer to mess with the gas in case you blow up the whole block"). Noise covenants could also come into play if his bodged DIY is making the noise intolerable. You should check the conditions of the lease carefully.

If none of these yield results, you might have to resort to following N79's advice and pay to have it put right yourself.