Advise landlord: Noise/sound proofing

TEEP

Any advise would be appreciated.

Due to a change in personal circumstances and the financial climate we decided to let our one bedroom flat.

About a year before letting it, we changed the laminate floor (just replaced as very scruffy) and ensured we put down lots of sound proofing.

Now the flat is a converted house (maisonette) so yes at times we did hear the neighbours and is is annoying but its an old property and just one of those things, neither of us complained and all was ok just had an understanding.

However we let the flat and started having some complaints about the noise from the neighbours downstairs, we spoke to other neighbours and of course the tenant and all seemed be to be fine.

However earlier this year the property downstairs was sold to a young couple. There are 2 car parking spaces round the back, one for each of the flats, initially they wanted it changed to 3, and there is no chance you would fit 3 cars on the spaces, so we informed them and the management company of this and that was fine.

Our tenant contacted us after a month saying they had complained about the noise to him on certain occasions and again we did remind him to try and keep the noise down, but these noise issues were better sorted out between themselves as they knew when it was happening etc. Then we heard nothing for quite a while, we did drive past the flat a few random occasions and the windows were open and all was very quiet every time.

Our tenant has passed a letter to us from the tenants, complaining of the lack of sound proofing, now we do understand it can be noisy, but they want the whole property sound proofed again. The property's are the same set up bedroom above bedroom etc. We have laid a thick carpet in the bedroom and of course underlay and spent a lot of money doing this in order to reduce the noise when we lived there as well.

The are claiming they hear the cat walking across the floor and other such like claims, which I find difficult to believe and want us to make flat completely silent which I do not think is possible given to type of property it is. They have informed us that they have done some sound proofing already.

They are also complaining about the roof and external walls which they want us to repair, but I think this needs to be brought to the attention of the management company which I will do as they just want us to do it.

Now as we are not rolling in money but any means my plan is to speak to the tenant again (he reports hearing no noise from them) and trying putting some thick rugs down over the flooring and see how it goes then we can write to them and see how it is obviously explained the limitations of sound proofing this type of property.

Obviously we would like this sorted out, I am for am easy life but does this sound reasonable?

Would some body pleas advise of the steps they could/would take we don't want to a) be in trouble legally b)cause more problems

Many Thanks

gnasher18us

... I live in a house with laminate floors upstairs, and when my wife goes upstairs I can hear her walking around (even without shoes on).

I'm no expert, legally, but I would definitely invest in the best undercarpet you can find (cloud 9 is the best!) and a carpet. That will make a huge difference to the noise created by laminate flooring!

lynzpower

Think your best bet is to be proactive and call the Noise team at the Local Authority and talk it over.


However, you dont have to !

Ultimately AIUI you as the LL can basically ignore them until they raise it with the noise team at the council , the EHOs will ask them to keep a diary and so on and the EHO will assess whether there is a statutory nuisance arising and then make contact with you.

I also live in a conversion flat and we have carpets and I am sure they do upstairs as well, but we can hear them walking, using the washing machine, coughing etc. Its not a nuisance though as they are simply doing every day living activities. not doing thing they know would be disruptive ( eg wild parties, drum kits etc) I cant very well ask them not to cough! Indeed your tenants cant exactly tie the cat to a chair and forbid it from walking about!

Additionally, the Ts may be over reacting as when you are dealing with extra noise you can get a bit paranoid people are doihng it on purpose, or doing it to Pee you off, and when they focus on it it can become "incessant" even to the point where people can hear things that are not there. ( I have been there myself!)

Ultimately, the EHOs should work out whether a) it is a real nuisance and if so b) and there is a lack of soundproofing c)whether the downstairs tenants are over reacting.

Aside from this Is there fire protection in the property?

Benji

Lynzpower is right - this is not a dispute you need to get involved with at present. You only need to take action once the environmental health officers get in touch - and they will only do that if a) the neighbours think to call them; and b) the EHO agree that there is an actual problem.

As a landlord, you are responsible for certain repairs to the structure of the building -you may feel that the management company are the ones who should organise it - but if they don't, it is your neck on the line. Get bottoms kicked.

G_M

A dispute between your tenant and their neighbour is not your concern.

The fabric of the building is the responsibility of.... who? the freeholder? the management company? who are they?

However you could take basic steps to help all involved if you so choose. Mediate? Threaten your tenant with non-renewal of lease unless they put slippers on the !!!!!'s paws? Lay thick fitted carpet with underlay? etc

antrobus

I'm guessing that the situation is as follows:-

- the OP holds the leasehold for a 1 bedroom flat in a converted property
- said flat has now been sublet to a tenant
- the leaseholder of the flat immediately below is now complaining about the noise generated by the tenant

I'm therefore inclined to ask, what kind of 'noise'? If you're talking about loud music, parties, dancing til dawn, then you're talking about a nuisance, noise abatement, yadda, yadda. However if it's the case that the downstairs leaseholders are complaining about the "cat walking across the floor" and talking about "sound proofing" then that's an issue for the freeholder. So long as you're abiding with whatever provisions are specified in your lease about floor coverings etc, then there's nothing much you can do about it.

lynzpower

No the point about fire proofing is that in some very poor conversions there is a lack of fire proofing and voids between floors. Without a fire alarm system then the risk to the tenant is greater. Without seeing the property i couldnt tell whether the floors are a part void/ total void etc. ( I think the void in our flat is totally empty, and we have no fire alarm sytem...however we do have the garden and smoke detectors so its accepable)

A fire alarm system that is working is a protector against harm, dont worry it sounds like that part is sorted

cepheus

I am having exactly the same problem as the complaining neighbour, I doubt if there is any insulation or carpet, and have unruly toddlers jumping up and down on them. In my case the tenants and landlord are completely unhelpful, they seem to have the same attitude as G_M and several others on here although I fear he is correct. What a society we have become!

It is great to see landlords having due consideration to others, well done. Noise can cause immense stress and illness, and problems can be easily solved though discussion between the three parties concerned.

Unfortunately, my complaints have resulted in vandalism against my property and an environmental health dispute, so you are also helping yourself by avoiding any escalation in circumstances.

gnasher18us

cepheus wrote: »

I am having exactly the same problem as the complaining neighbour, I doubt if there is any insulation or carpet, and have unruly toddlers jumping up and down on them. In my case the tenants and landlord are completely unhelpful, they seem to have the same attitude as G_M and several others on here although I fear he is correct. What a society we have become!

It is great to see landlords having due consideration to others, well done. Noise can cause immense stress and illness, and problems can be easily solved though discussion between the three parties concerned.

Unfortunately, my complaints have resulted in vandalism against my property and an environmental health dispute, so you are also helping yourself by avoiding any escalation in circumstances.

...and why would you exaggerate a problem?

You may need to live there yourself in the future, and you want a happy neighbour.

Legal matters shouldn't really be the main issue, the main issue is to ensure your tenants are respecting their (potentially your future) neighbours.

What's the harm in a little goodwill?

I never thought I'd live in such a selfish society, and am becomming ashamed of it to be honest.

anotherginger

Sorry, but I'm going to disagree about contacting environmental health. If the noise is general every day noise from 'normal' living then they are extremely unlikely to get involved. Definitely not EH from what you have described.

lynzpower

Environmental Health definately do do these kind of visits, Ive been out on many of them.

(Training EHO)