Noise from wooden floors of flat above

johnmcga

Sympathies offered here too. We lived below a family for a year in an old conversion and it was a nightmare. Kids will be kids so they were running and jumping around and making noise.

Nothing we — or they — could do, realistically, particularly as we were both tenants. We moved out as soon as our contract was up, but I appreciate that's probably not an option for you.

HHenry34

Sometimes when developers convert buildings to flats they specify no wooden floors because of the noise issue - you would need to check the lease.

Angelicdevil

TrickyWicky wrote: »

How very dare they! The very thought of it.. bl**dy cheek eh?

Tennants these days.. I don't know why they'd think they can keep their feet warm. The poor don't feel the cold right?

Oh dear I was brought up with the rules that you remove your shoes when you enter the house!

Is that just a posh thing?

OP, as mentioned previously try and contact the freeholder or if there's a managing company give them a quick ring to ascertain whether wooden flooring is allowed.

LOLAF

TrickyWicky wrote: »

How very dare they! The very thought of it.. bl**dy cheek eh?

Tennants these days.. I don't know why they'd think they can keep their feet warm. The poor don't feel the cold right?

last time I checked high heels were not known for being brilliant feet warmers.

Fraise

Written in the Lease there usually is a clause that says something along the lines of

residents must be afforded the right of quiet enjoyment in their homes

and so if you can't have quiet enjoyment due to the lack of soundproofing or carpeting above you, then you can tae the matter further. However, instead of getting into legal stuff with the freeholders/shareholders/neighbours etc, it would be better to first speak to your neighbours above and explain how bad the sound is affecting your health. Once you mention to a neighbour that their actions are causing you ill-health it sends alarm bells ringing.

This problem is so easily remedied using the right approach.

As a leaseholder you have as much right as anyone else, so remember that. Many leases now have clauses that state if anyone on the first floor or above, of a conversion wants wooden floors or laminate, then they must first install soundproofing between their floor and your ceiling. If they don't want to go to that expense, then they must have special impact underlay fitted beneath their flooring, which is highly effective and reduces impact sound dramatically.

Some people will go halves for the cost, simply for peace and quiet. And it's worth every penny. Try talking to them first, and see what they have to say. Most people are decent and will not want to cause disturbance to their neighbours, so give that a try first. Good luck.

By the way, the best impact underlay is Colour Red. You can find it on google

Kynthia

I believe that 'quiet enjoyment' is to be able to live in your home without unnecessary interference from your landlord. It's nothing to do with noise levels.

Perhaps if you have a friendly chat to alert them to the problem they will wear hoes less and buy some rugs?

FTB_Doll

why dont you just knock on or write them a nice letter asking them to be mindful of the noise ?? We lived below a family and there son used to slam doors run about so I knocked on had a nice chat and they were unaware it was so loud and it improved x

Fraise

Kynthia wrote: »

I believe that 'quiet enjoyment' is to be able to live in your home without unnecessary interference from your landlord. It's nothing to do with noise levels.

Perhaps if you have a friendly chat to alert them to the problem they will wear hoes less and buy some rugs?

No, actually quiet enjoyment does include noise. The OP has a very strong case, too, in that there was no noise from above neighbours when he first moved in.

Here's a solicitor's link to what Quiet Enjoyment actually means

http://www.foxwilliams.com/news/704



Also, these regulations apply to owners/freeholders/shareholders/leaseholders etc.

Kynthia

:huh:

Fraise wrote: »

No, actually quiet enjoyment does include noise. The OP has a very strong case, too, in that there was no noise from above neighbours when he first moved in.

Here's a solicitor's link to what Quiet Enjoyment actually means

http://www.foxwilliams.com/news/704



Also, these regulations apply to owners/freeholders/shareholders/leaseholders etc.

I'm confused, the link you provided confirms my point that quiet enjoyment means neither the landlord nor their agent/employee should interfere with the tenant's right to lawful use and benefit of the premises.

There's mention of a case that failed where a tenants complained about excessive noise from other tenants. There's also mention that the Court of Appeal had confirmed that quiet enjoyment was not a guarantee against all disturbance.

Now I'm not saying that a case claiming breach of quiet enjoyment can never be noise related, but it's not what the term means. The noise would possibly have to be under the control of the landlord or their agent/employee in some way and would have to prevent the tenant having use or benefit of the property, which would be extreme. Now I'm imagining some Guantanamo Bay related torture technique of blasting Brian Adams songs loudly through the letter box in an effort to illegally evict the tenant. :rotfl: I would expect a lease to contain a clause about the structure of the building, the flooring or the behaviour of tenants affecting other tenants that would be much more useful in this case.

Also I'm confused by your last statement? Are you trying to say that quiet enjoyment applies to owners, leaseholders and shareholders? :huh: Your link says it applies to landlords, which I take to mean freeholders and those who let their property.

af2909_2

Best thing is to talk, we made the mistake of going at the previous upstairs tenants like a bull in a china shop. New tenants just moved in and we've just had a chat about noise and said if we are too loud speak to us too:beer: