Problem with neighbours

CheckDigit

If that is the way that you genuinely feel then perhaps you should actually contact the leaseholder above you and offer to pay for the adequate sound proofing.....believe me it could end up being cheaper than involving the management company,quicker and you may end up on more harmonious terms with your neighbour than taking the more formal route of quoting sections of the lease to all.

True - that might be an option. I will try and get some quotes for the flat and see if it is affordable. I am still keen however to find out if the problem is with the flooring (which I suspect) or whether the neighbours are being inconsiderate. If it is the later then sound proofing might not be useful.

CheckDigit

I just got the following from the management company:

I do not know what underlay (if any) was installed at the property. Neither do I know if new carpets were laid. We look after the communal areas only, not the individual flats.

As this is a flat-to-flat issue, there is little more we can do other than bring the matter to the owner’s attention.

I suggest you contact the letting agent directly, who should be able to answer your questions in more detail.

It sounds as though they are trying to fob me off. Should I go directly to the letting agent or is this something that the management company are obliged to help with? As mentioned before the terms of the lease state that:
"At all time to maintain adequate close carpeting with underfelt or underway throughout the Property or take such other steps in relation to the composition or covering of the floors of the Property as the Lessor may reasonably deem adequate having regard to the peace and quiet of the occupants of the flats in the Estate or in accordance with any relevant Building Regulations."

It seems obvious that I cannot enforce this, but the management company surely can. Any advice would be much appreciated.

Thanks

always_sunny

CheckDigit wrote: »

I just got the following from the management company:


It sounds as though they are trying to fob me off. Should I go directly to the letting agent or is this something that the management company are obliged to help with? As mentioned before the terms of the lease state that:
"At all time to maintain adequate close carpeting with underfelt or underway throughout the Property or take such other steps in relation to the composition or covering of the floors of the Property as the Lessor may reasonably deem adequate having regard to the peace and quiet of the occupants of the flats in the Estate or in accordance with any relevant Building Regulations."

It seems obvious that I cannot enforce this, but the management company surely can. Any advice would be much appreciated.

Thanks

The management company would manage the common areas of the building.
The only one who may enforce it is the freeholder assuming it is a flat and that it is leasehold.
The lease may have details about what/how the floor must be covered and noise abating rules/provisions.

Before going that route (seems extreme) you should talk (or attempt to) with whoever lives there (as others suggested).
If that fails, you could contact the EA (may have not be able to help if the LL manages directly).
If that fails the owner.
If that fails the freeholder.

Also, keep a log of the noise. (i.e. https://www.trafford.gov.uk/residents/environment/pollution/noise-pollution/docs/noise-nuisance-diary.pdf) google your council may have a template, I just googled one.

Escalating the issue unnecessarily will create tensions. (Keep in mind that night I believe it's defined from 11PM till 7AM).

LEJC

OP....your thread has been running a little while now and initially back at the beginning posters did suggest that you approach the tenant or maybe the LL direct to raise your concerns.

Have you actually done that yet?
or has your correspondence been just with the management company?

Quite rightly I do believe that you should be seeking a resolution between you and the other leaseholder...thats the polite and easiest way forward...but if you have not even tried to resolve things that way yet I would be a little wary of repeated requests to the management company citing lease conditions that need to be adhered to.

Again rightly all the management company can do at this moment is contact the other leaseholder and advise them of your complaint....however in the first instance I still believe that the matter would be better dealt with by an informal polite discussion with the tenant.

You also need to be mindful that if you want to escalate things much more formally with the management company you are potentially opening a situation that if you were to want to move in the next few years you may need to declare a neighbour dispute....

Are these tenants,which may only be there for 6 months really worth all the aggravation.
Sometimes it's also worth remembering its better the devil you know....if you really do get on the wrong side of your fellow leaseholder upstairs he may actively look to put in "noise enhancing" tenants next time.......

I've said previously,noise is subjective and there is always going to be a greater amount of noise produced when the living arrangement is an apartment situation.

Marvel1

m0bov wrote: »

There might be something in your lease. I would suggest:
Face to face (why do they not open the door? Would make me suspicious.)
Contact their landlord
Council
Do you have legal cover with your insurance?
Management company? Can they help? They could write to the tenant and the landlord.

I never answer my front door if I'm not expecting anyone, I just can't be bothered.

Guest101 wrote: »

I'm sure they could, but that seems extreme. Why not try the friendly approach first.

This, they maybe unaware of what noises they are making are affecting anyone else.

CheckDigit

Thanks all.

OP....your thread has been running a little while now and initially back at the beginning posters did suggest that you approach the tenant or maybe the LL direct to raise your concerns.

Have you actually done that yet?

The management company informed me that the Letting agent sent an email to the tenants a couple of days ago. He also gave me the phone number of the Letting agent so I am planning to give her a ring. Unfortunately, the tenants do not open the door whenever I go so I have not spoken to them. I went up again this morning and they did not open the door. I could however hear a loud photocopier in their flat. That has been running during the day quite a bit - I had assumed that it was the washing machine.

or has your correspondence been just with the management company?

My correspondence has only been with the management company so far - I intend to speak to the letting agent today.

You also need to be mindful that if you want to escalate things much more formally with the management company you are potentially opening a situation that if you were to want to move in the next few years you may need to declare a neighbour dispute....

Yes, I am concerned about this also, so will take a step back from formalising things too much.

Are these tenants,which may only be there for 6 months really worth all the aggravation.

If I was sure that they would leave in 6 months, I honestly would just take in on the chin. My concern is that they could be here for years and it is certainly affecting my health.

Sometimes it's also worth remembering its better the devil you know....if you really do get on the wrong side of your fellow leaseholder upstairs he may actively look to put in "noise enhancing" tenants next time.......

This is a concern I have in general. I do not want to aggravate the situation. Now that the Letting agent sent an email I am a little concerned that they might make even more noise.

I've said previously,noise is subjective and there is always going to be a greater amount of noise produced when the living arrangement is an apartment situation.

I have been giving the tenants the benefit of the doubt to date. If I hear stomping I assume that it is the flooring that needs to be improved. When I hear the photocopier, I assumed that it was the washing machine (even though I have never heard the upstairs washing machine in 8 years).

I'll phone the letting agent and see what she says. As a side point, is it allowed to run a photocopier for hours during the day? I assume that it is for work reasons but are there laws about noise during the day? I know that noise should not continue after 11pm.

Thanks

MrSnuggl3s

I'm not sure whether this has been covered yet, but do you know if their landlords have specific no-noise hours? There is usually an 11pm standard that most residents adhere to, but some landlords have specific hours to keep everyone content.

CheckDigit

Yesterday, they finally opened the door. When they opened, two women were there with mops and washing buckets. They also have a washing machine next to their front door (??) which runs for about 3 hours each day and makes a horrific sound that vibrates through my entire flat. I think they might work as cleaners and wash for other people. Unfortunately, neither person could speak English and although she switched the washing machine off when I asked for the noise to be turned down, I think some better sound proofing needs to be implemented. I am considering buying an anti-vibration pad for the washing machine, however they don't appear to speak english so I will probably need to speak to the letting agent to organise this.
Regarding the thudding sounds, I cannot explain this as the flooring has not changed (I saw that it was carpet).Perhaps they carry items as part of their work. However, I might ask the letting agent to ask them not to wear shoes inside as that might help.

lincroft1710

CheckDigit wrote: »

However, I might ask the letting agent to ask them not to wear shoes inside as that might help.

I think a landlord trying to dictate what footwear should be worn inside their rental would just be ignored.

LEJC

OP....as the previous poster said it is unlikely that even a request from the LL would be adhered to regarding footwear in the property the tenants rent.

These are not your tenants,they simply live above your property in a rented apartment, and as such I do not feel they are obliged to act on your request