Nuisance due to laminate flooring

Richard_Z

Hello,

I live on a privately rented flat (built in 2009)on the first floor. I've been living here since 2012 without any problems, but the landlord from the dwelling above, has decided to put laminate flooring which has significantly increased sound transmission. Basically, every footstep of the tenants sound like an elephant, and multiple steps sound like a thunderstorm. Because they get up at 5 am, I'm not able to sleep from that time. I've been using earplugs but I should not have to use them, and even with ear plugs the vibration on the walls can be felt.

Actions I've taken:
1 - Complained to the environmental protection agency of my local council. Result: EPA has not measured sound levels, but they have concluded that the nuisance is not a result of tenant abuse, it's a result of poor soundproofing so I should address this to the landlord.

2 - My letting agency is the same as the tenant's above, I've complained to them, but they've told me the residents above are just doing their normal life and that the landlord is not responsible for the soundproofing of the floor, the development management company is, and I should complain to them.

3 - I've complained to the management company, and they've said that the original flooring of this development is not carpet, it is laminate/hard flooring (a bit odd since the common areas are all carpeted). They've also said that a landlord can change the floor providing it meets the standards of the original flooring, they've offered themselves to investigate the issue and I've requested an investigation. I've asked what the standard is, and they've replied stating that no more than 64db can travel to the dwelling below with normal footsteps. They've offered themselves to investigate, however they seem very reluctant to do it, they don't reply to my emails anymore, which makes me believe they are either lying or just don't want to bother.

I've tried to record the nuisance with my mobile, but the mic only does not pick low frequencies like a professional mic does. I've measured the db with an app (probably not very accurate), and on every step it picks 60db, sometimes 68db, however the phone is on a table far from the ceiling.

Could anyone advise on my options here please.

Thank you

Aylesbury_Duck

I think all you can do is persevere with option three. Don't let them hide. Email them, ring them and if you get no joy, send them a recorded letter.

Richard_Z

Well, I thought about that, I don't have any documentation proving that 65db is the required standard, and they can simply tell me they've carried out the test and the result was OK. Should they supply some sort of report?

Norman_Castle

Talk to the tenants about their early rising and loud footsteps. No one else will do anything as they don't live with the problem and doing nothing is the easiest and cheapest option for them.

Richard_Z

The agency sent me an email stating I cannot speak to the tenants directly, I can only complain to the agency. In addition, EPA asked the tenants to put some rugs, they've said they would but they've ignored.

sillygoose

I do feel your pain, lived in a flat once with hard floors above. A young lady moved in who insisted on walking around in her heels at all times, I could track where she was in her flat to within a few inches. Discussion got us nowhere.

How long left on your lease? sometimes its just better to move on.

Aylesbury_Duck

Richard_Z wrote: »

The agency sent me an email stating I cannot speak to the tenants directly, I can only complain to the agency.

Rubbish. What authority do they have to police whether or not you can talk to your neighbours?

Which approach do you think is most likely to yield a positive resolution? A friendly chat instigated over coffee and biscuits, or a complaint from the agency on your behalf? I know which I'd be more likely to be receptive to.

Richard_Z

Hi Everyone,

The tenants have not renewed tenancy, they have left. I've asked the agency to come and test themselves, and they have agreed that the noise coming from above does make this a pleasant place to live. They've told me they will speak to the landlord so he can take action. In the meantime, new tenants have moved in and the noise is even worse. I've still got approx. 3 months left in my tenancy, it's really inconvenient for me to move out, also it will be more expensive. I would like to renew but I don't want to renew until the noise problem is sorted. The fact this noise problem is affecting my life considerably is enough for legal action to be taken?

Thank you

-taff

Noise from lamiate is a problem in flats, but who are you going to take legal action against? If the lease doesn't mention carpeting as a requirement, you're not going to get very far with that one.
As for the decibel level, keep on at them, I iagine a letter from a solicitor saying they have failed to carry out part of their repsonsibilities might help, but this time, try writing a letter, not an e-mail.

It's not unusual for flats to have solid floors, my old flat had those hideous grey streaky tiles, when I bought it, they had been carpeted over, I had to strip them off [nice black glue too] but I know some of the other landlords had just put laminate over them, yet the communal areas had been carpeted over too.

Richard_Z

-taff wrote: »

Noise from lamiate is a problem in flats, but who are you going to take legal action against? If the lease doesn't mention carpeting as a requirement, you're not going to get very far with that one.
As for the decibel level, keep on at them, I iagine a letter from a solicitor saying they have failed to carry out part of their repsonsibilities might help, but this time, try writing a letter, not an e-mail.

It's not unusual for flats to have solid floors, my old flat had those hideous grey streaky tiles, when I bought it, they had been carpeted over, I had to strip them off [nice black glue too] but I know some of the other landlords had just put laminate over them, yet the communal areas had been carpeted over too.

Hi,

Yes, the lease does not mention that only carpet is required, however laminate flooring must meet the lease requirement (i.e. no more than 60db can be travel from the dwelling above).

Something is really wrong with the floor but nobody wants to take action. Hence perhaps if the next tenant complains, I could have another voice in my favour in order to request compensation.
Clearly the landlord wants to avoid costs, but he/she should not get away with this.

What's really strange is that I've never had any problems before. I wonder if the underlay got compressed with time and it no longer absorbs footsteps properly.

I'm also afraid that if I renew the tenancy I might be accused of accepting the condition, therefore lose in court.

Norman_Castle

Richard_Z wrote: »

What's really strange is that I've never had any problems before. I wonder if the underlay got compressed with time and it no longer absorbs footsteps properly.

If the floor was recently replaced its possible the underlay was also replaced with a type poorer at insulating impact noise.

Its also highly likely previous tenants were quieter.