Landlord query over noise neighbours

sterl1ng

So I moved into property on ground of converted house late last year, since beginning of this year chap upstairs was exercising causing a right racket but has stopped now, they have a little one this couple and have been renting since late last year just before I moved in. They have wooden floor upstairs so now I hear anything they drop and footsteps, its quite becoming irritating and the landlord of whom I share the freehold with, he did offer to carpert the flat for them to help with sound proofing but they have gone back to him and said they don't want it and like the floors as they are DESPITE it cuasing me a racket. He said he's too scared to do anything in case he upsets them.

This is the first time I've come across a landlord who is very scared to do anything out of place for tenants as he thinks they will no longer pay and then costly to evict. But surely a section 21 would do the job right without all that giving the 2mths notice?

Its very inconsiderate, when I saw flat multiple times this wasn't an issue though it was a single guy living upstairs.

The fact that landlord/co freeholder is willing to try solve it shows he is trying but his tenants it seems hold all cards.

I was checking the lease agreement and unforutnately whilst it says that I should have 'quiet enjoyment' of my flat it doesn't speculate upstairs having to have carpet so i cannot do much.

Unforutnately we don't get on with his tenants so now deal with him directly but he's very much a !!!!!cat and too scared to do something in case he upsets them.

Is there anything else that could be done?

anselld

You could apply sound insulation to your ceiling.

Have you actually spoken to the neighbours and explained the problem? The fact that you don't get on with them does not mean you should be discussing all issues straight away with the Landlord.

It is you ( and the T) who have to live there. It sounds to me that the Landlord is saying (in a slightly roundabout way) "I don't want to get involved in neighbour disputes".

G_M

sterl1ng wrote: »

.... since beginning of this year chap upstairs was exercising causing a right racket but has stopped now,
Good. Sorted?
they have a little one this couple ...They have wooden floor upstairs so now I hear anything they drop and footsteps,
common in modern buildings and poor conversions - Apart from fitting carpets not much can be done
its quite becoming irritating and the landlord of whom I share the freehold with, he did offer to carpert the flat for them to help with sound proofing but they have gone back to him and said they don't want it and like the floors as they are DESPITE it cuasing me a racket.
Hmmmm. His options are
* just tell them he's laying carpets and hope they grant him access - they might not
* tell them they either agree or leave (S21) depending on the terms of their contract
* do noting and continue to collect regular rent........
He said he's too scared to do anything in case he upsets them.
Scared, or just aiming for a non-confrontational long etrm tenancy?

This is the first time I've come across a landlord who is very scared to do anything out of place for tenants as he thinks they will no longer pay and then costly to evict.
If tyt is a real possibility then it is to be avoided
But surely a section 21 would do the job right without all that giving the 2mths notice?
A S21 Notice IS 2 months notice (during which there may be no rent). And THEN he has to go to court.


I was checking the lease agreement and unforutnately whilst it says that I should have 'quiet enjoyment' of my flat it doesn't speculate upstairs having to have carpet so i cannot do much.
'Quite Enjoyment' is a legal term - it does not refer to noise, but to interference by the landlord

If your lease does not specify fitted carpets/rugs (or prohibit bare boards) then you cannot require the freeholder to enforce them I'm afraid.

Since the noise does not appear to be the tenants' fault (it is normal day-to-day living by the sound of it. At lease since they stopped excercising) you cannot acuse them of excessive noise.

And the lease does not offer a legal solution.

All that is left is negotiation, either with the tenants or LL.

Or selling up......

Argghhh

i lived in a maisonette many years ago and we had a 2yr old who tipped his toys out of the box and then threw them back in it when it was time to go bed etc. The couple in the flat below had a go at my missus whilst i was at work so when i got home i went downstairs to punch him. I went inside to talk to him about if he has something to say - say it to me when i heard an almighty racket. When i asked what the hell that was, they said its what we are complaining about. Bearing in mind my lounge was fully carpeted, i had no idea whatsoever how bad the noise was from upstairs. Needless to say - i never punched him, i apologised, and made sure it never happened again. - moral of the story - ask your neighbor to pop in and listen to the noise, you might be surprised like i was

Cyberman60

Yes, the law is stacked in favour of tenants so I'm not surprised he didn't want to upset them.