Noise levels/freeholder

zoe19

We own the freehold of a purpose built first floor flat which was built prior to acoustic regulations and has very bad noise issues. Although we have tried to improve this for tenants,by putting down new underfloor insulation and carpeting,it is still a problem,especially for the ground floor tenants.
The leaseholder is insisting that we take measures to substantially improve this by spending a lot of money to take up floors,insulate,carpet everywhere etc etc and that as the Freeholder,it is our responsibilty.
He quotes from the lease
"The Lessor HEREBY COVENANTS with the Lessees as follows:-
That the lessees paying the rent........and on the Lessees part to be observed and performed shall may peaceably and quietly hold and enjoy the demised premises during the said term without any lawful interruption or disturbance from or by the Lessor etc etc...
He admits that it is the build quality of the flats at fault and not the tenants who are no more noisy than anyone else and adhere to my rules re no parties,loud music etc.etc.
He has owned the ground floor flat for the last 20 odd years and we bought the first floor one this January.
I am saying that he has suffered this for years and he could help by dropping the ceiling and insulating between the floors. He says that it has got worse since the previous owner insulated under the floorboards.Maybe he should have raised it with him at the time?
I say that it is not our problem and we are not going to spend money on improving his lot for his benefit.
Our tenants have not complained as we pointed out the problem when they agreed to the let.
Apologies for the length of this,but it is complicated. Can anyone help me please?
Am I liable as the Freeholder or is it up to him to do the work?
Thanks in anticipation!

ILW

I would just give them notice if you can.

zoe19

Sorry,I may not have explained properly.
Our tenants are not complaining and are great,no problems. It is the owner/leaseholder of the ground floor flat who is complaining and saying it is our responsibilty as the owner/freeholder of the first floor flat to do insulation work.

ILW

zoe19 wrote: »

Sorry,I may not have explained properly.
Our tenants are not complaining and are great,no problems. It is the owner/leaseholder of the ground floor flat who is complaining and saying it is our responsibilty as the owner/freeholder of the first floor flat to do insulation work.

Sorry, misunderstood.
If the property was up to standards at the time it was built/converted and nothing has been altered in the meantime then there is no need to do anything. If the freeholders wish to increase the value of their property they are entitled at their own expense.

TrickyDicky101

I am a little confused here - are you the owner of the lease of the first floor flat and you let this to tenants and are you also the freeholder of the entire building?

phill99

If you own the flat, then you are a leasholder.

As ILW suggests, providing the flat was up to standards at the time was built, the owner of the flat below your cannot insist on any works being done to improve noise reduction.

The covenant you quote is the one for 'quiet enjoyment'. Strangely enough, quiet enjoyment is nothing to do with noise levels.its based on the fact that once the lead Hals been granted, the lessor cannot hassle or Harrass the lessee. Noise is a completely different thing.
The

societys_child

Normally the freeholder carries out any necessary work and charges the leaseholder(s).
What work needs to be done is usually, to some extent at the freeholders discretion.

zoe19

Thanks everyone,for your responses.
To clarify-
We are the owners of the first floor flat and the Freehold and have accepted the noise problems as we rent to students who are unconcerned with the issues.
The owner and leaseholder of the ground floor flat is complaining about the noise and demanding that we do something about it by works to our flat.
The previous owner of our flat and freehold supposedly did some building work to improve the noise issues,but the other flat owner/leaseholder states that it has worsened the problem.
We are refusing to get involved in more works or costs to ourselves,and say it is up to him to solve from his flat. i.e. lower his ceilings and insulate?
As long as we are not legally or contractually obliged by the conditions of the Freehold,are we right on this issue?
Thanks for any comments

chris_m

zoe19 wrote: »

As long as we are not legally or contractually obliged by the conditions of the Freehold,are we right on this issue?

Provided his main/sole argument is that clause you quoted, which as Phill99 said really pertains to quiet enjoyment, then I think you are right.

You could always point out to him that the cost of any work to the structure of the building would need to be split between both leaseholders, i.e. including him. That might shut him up to some extent.

zoe19

Additional note-
The block of four flats were built in the 1960's and prior to sound insulation regulations.
Three ( two of which we own) have been re-furbished and updated since,including re-wiring and central heating.The exception is possibly the ground floor flat that we are discussing here.It still seems to be in the original condition.

G_M

shall may peaceably and quietly hold and enjoy the demised premises during the said term without any lawful interruption or disturbance from or by the Lessor etc etc...

These is legalese for the leaseholder having the right to live there without interference, harassment etc by the freeholder. It is nothing to do with noise levels, soundproofing etc.

Providing the building complied with the Building Regulations that were in force at the time of construction, you have no further legal obligation (except not to harass them!).

The issue is hence one of diplomacy, compassion, and maintenace of good relations, not legal enforcement. You can choose to take action (evict noisy students and find a quiet single person?), put down thicker fitted carpets etc) but that is up to you.