Noisy kids upstairs, should the previous owner disclose this when selling? Help pleas

Jenny.W

I_have_spoken wrote: »

OP, you'll think it's unfair and wrong, but realistically your best bet is to sell up

. IMHO, you're on a spiral to ill health.

I agree with both comments esp with your health, it really stressed me out because I could pinpoint times to expect noise, it jut made me feel miserable

Also turning my tv or radio up louder in the hope of distracting me didn't work as I found it too loud

florence4

Do bear in mind that if you complain to EH/your local council, then you will have started an official dispute which you will have to declare when you move!

wannahouse

as the kids are 3 and 4, then at least they WILL be at school/nursery shortly OP , so if you can hang in there, if you don't want to leave your home, their routine will change, and peace will reign supreme once the kids go to school...
as a mother myself, life was heaven;y once the kids finally went to school..they're good kids, but i'm one who appreciates long spells of silence here and there, and never got that with young kids...

only another year or so, and if the tenants aren't keen on leaving,then at least you will have quiet when the kids go to school.

Ghostrider

embob74 wrote: »

While I feel sorry for the OP I do feel sorry for the people in the flat above OP.
My niece is in a flat on the 3rd floor with 2 kids and struggles to get out as it's difficult to carry a toddler, a newborn and a double buggy up and down stairs. So if the kids are stuck in a flat maybe it's because it's difficult for the parents to get out?

I have had a baby with colic and for the first year of her life she cried constantly. Or at least it seemed that way and no matter what I did she cried. If I could have shut her up I would have! I doubt I would have been very receptive if a neighbour had come whining to me that they were unable to concentrate on their work!!

That somebody can put children in the same category as dogs is appalling :mad: it isn't like you can rehome a child because they make too much noise.....or maybe that's acceptable to others?! Hell why not bind and gag all the children so a select few adults can make the mistake of investing a lot of money into a home which they have obviously not checked sufficiently at varying times of the day. It's called "buyer beware" for a reason :rotfl:

As for recommending the OP contacts EH and hassles the tenants LL in order to get them chucked out - shame on you!!
Perhaps the OP should start a noise diary and hopefully the neighbours will start a harassment diary.

Of course all of it has to be taken in context. We will never know if the neighbours are disrespectful or if the OP is just being over sensitive. A little consideration on either side is the key. What consideration has OP given to his neighbours?

Great help that post was, i'm sure the OP appreciates it. :T

I don't think anybody is here to hate the kids, but the OP asked for help and we're giving it to him.

Stop taking it personally, they're not your kids.

Manchee

FeistyFidget wrote: »

OP has said that there are carpets in the main rooms, but not in corridors of flat and the tennants didn't seem keen to put them down - another indication of my kids, my rules

The tenant is renting the flat, why should they have to pay for carpets to be put down? Who's to say they would even get permission from their LL?

Ghostrider wrote: »

If you haven't already done so, read your Lease particularly in relation to noise and as already mentioned, it's fairly standard to see clauses relating to residents being allowed "quiet enjoyment" of their property.

'Quiet enjoyment' isn't about noise levels though.

Ghostrider

Manchee wrote: »

'Quiet enjoyment' isn't about noise levels though.

Yes it does actually. The legal definition is wide but it does cover noise, and that is supported by case.

The OP will have the right to quiet enjoyment of his property provided for in the quiet enjoyment drafting in his Lease with the Freeholder.

The Landlord of the flat above above is responsible for ensuring he (or his tenants) does not do anything to cause a breach of this covenenant and if he is then the Freeholder can pursue the Landlord.

Its fairly standard drafting.

nickyg2000

Hello,

I feel for you as I bought a flat 6 months ago and also have noise problems. The purpose built block is so poorly sound insulated I can hear the couple upstairs cough, turn off light switches move on the leather sofa etc. Its a joke, the guy upstairs even apologised when I saw him on the stairs for having a cough, he said he can hear the guy above him bedsheets crumple when he gets up. For living here to be bearable you would need an old single person who doesn't move much, watch TV or listen to music ;-S

The tenants upstairs are long term and the landlord won't give me access to soundproof until they move out which is not going to be for years so we have decided to sell when we hit the 12 month mark. My only worry is the tenants being in when we do the viewings, as they seem to be in most of the time.

planning on using Hatched.co.uk as they charge under £600 plus you do the viewings and can pick the times. They seem to be out some Saturdays so will try and do the viewing then..

Yorkie1

You have resurrected a 6-month old thread and promoted the same company in your two most recent posts.

Spam reported, nickyg2000.

nickyg2000

Can you not comment on old treads? Mentioned a company twice. Well I must be working for there marketing team then lol