Noise from property above?

jan33_2

Hi everyone..

I live in a ground floor flat which I own, and the flat above is a council property, over the past few years the council have moved in several new tenants who have come and gone, but the noise above gives us all sleepless nights they are normally young people with very young children who constantly cry, scream and run around, the adults are just as bad sometimes they don't have carpets they have laminate/wooden flooring.. but that's not my issue...

In the next few months we plan on selling this flat to buy a house, and I'm very concerned it wont sell as this will put off possible new buyers who come to view it, I know I would be put off if it was me..

I basically need advice.. Do I contact the council or someone else about this? maybe I could get sound proofing but it will cost a small fortune and I don't think its fair it has to come out of my pocket as its not my fault..

any advice would be great... Thank you.

InkZ

If you haven't complained to the council etc, you just don't say anything and hope they aren't noisy when your viewers come over. If you have complained you will probably need to declare a dispute when you come to sell.

CloudCuckooLand

I don't see you being able to force the council to pay out (even if they would, which is not certain with austerity cuts) without making a formal complaint. If you raise a complaint about neighbours it will get recorded and comes up in searches that a buyer's solicitor makes.

And you are asked on the property information form;

2 Disputes

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2.1 Do you know of any disputes about this or any neighbouring property? [/FONT][/FONT][FONT=MJNJAK+Georgia,Georgia][FONT=MJNJAK+Georgia,Georgia](delete as applicable) [/FONT][/FONT][FONT=MJNIAA+Georgia,Georgia][FONT=MJNIAA+Georgia,Georgia]no/ yes [/FONT][/FONT][FONT=MJNJAK+Georgia,Georgia][FONT=MJNJAK+Georgia,Georgia](please give details)

[/FONT][/FONT][FONT=MJNIAA+Georgia,Georgia][FONT=MJNIAA+Georgia,Georgia]

__________________________________________________________________________________

2.2 Have you received any complaints about anything you have, or have not, done as owners? [/FONT][/FONT][FONT=MJNJAK+Georgia,Georgia][FONT=MJNJAK+Georgia,Georgia](delete as applicable) [/FONT][/FONT][FONT=MJNIAA+Georgia,Georgia][FONT=MJNIAA+Georgia,Georgia]no/ yes [/FONT][/FONT][FONT=MJNJAK+Georgia,Georgia][FONT=MJNJAK+Georgia,Georgia](please give details)
[/FONT][/FONT][FONT=MJNIAA+Georgia,Georgia][FONT=MJNIAA+Georgia,Georgia]

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2.3 Have you made any such complaints to any neighbour about what the neighbour has or has not done?
[/FONT][/FONT][FONT=MJNJAK+Georgia,Georgia][FONT=MJNJAK+Georgia,Georgia]

(delete as applicable) [/FONT][/FONT][FONT=MJNIAA+Georgia,Georgia][FONT=MJNIAA+Georgia,Georgia]no/ yes [/FONT][/FONT][FONT=MJNJAK+Georgia,Georgia][FONT=MJNJAK+Georgia,Georgia](please give details) [/FONT][/FONT]

Don't know how sound-proofing could be of use, are buyers going to sit around comparing the noise inside to outside? Are you going to put on your selling advert "new soundproofing fitted"..? That just highlights the issue..!

Sorry. Its tricky. Hopefully most flat buyers realise the high likelihood of disturbance.

dfgmavis

If you've complained then declare it. If you haven't complained then you are not obliged to declare it.

may_fair

jan33 wrote: »

...maybe I could get sound proofing but it will cost a small fortune and I don't think its fair it has to come out of my pocket as its not my fault..

Slightly incidental to your main question, but the council has no obligation to soundproof the property because of case law: Southwark London BC v Mills and Others; Baxter v Camden London Borough Council [1998]
[1999] 4 All ER 449

Nutshell version of the judgment here
http://www.letlink.co.uk/case-law/nuisance/southwark-london-bc-v-mills-and-others-baxter-v-camden-london-borough-council-1998.html

dibblersan

you could always nip round and explain to the nice people upstairs that you're having people to view and is there a good time for them - out on school run or whatever, when they can tell you the sound levels will be lower then try and arrange the viewings for then?

depends on the buyers really.