Should I sue?!

nkkingston

Depending on the construction of the conversion, it's possible that the floor is actually magnifying the sounds below so it's louder down there than it is in your flat.If there's a gap between your floor and the neighbour's ceiling, sounds that occur against the floor (footsteps, toy diggers, vibrations from the TV speakers) sound will echo like a tumble dryer rumbling on a wood pallet.

I am a little concerned that if the tape sounds silent to you, but the landlord is taking it seriously, that it might be worth getting your hearing checked, It's also possible you're making more noise than you realise.

parkrunner

hannah9000 wrote: »

We're not noisy people. The fact the tenant below taped the noise (which the landlady played back to me and I couldn't hear anything!!!) suggests she's a wack job who has nothing better to do with her time. She smokes in her property which comes into mine under a joining door. I haven't complained about that despite having lung disease.

The insulation is poor, the lounge is carpeted with office carpet and the rest of the house is laminate which echoes like mad.

What did the landlady say when the recording was silent?

Scotbot

Children in my experience are extremely noisy

Marvel1

00ec25 wrote: »

heh?

so you viewed a property which was very obviously not one that you entered at ground floor level, yet you regard it as someone else's fault that you failed to ask what happens below?

welcome to the modern world of the blame game and inability accept one's own mistakes in life

The downstairs tenant should also take blame being on the ground floor, knowing there would be upstairs neighbours.

saajan_12

hannah9000 wrote: »

We've agreed mutually that I should leave, which its fine as I don't want to tiptoe around my own home. But I was hoping to recover some costs.

The noise is irrelevant really, neither the noise nor neighbour's complaints are enough to allow either LL or tenant to unilatterally end the contract. The key is what has been agreed.

1. Date of termination
2. Arrangements until then (allow viewings? check out date?)
3. Whether / how rent apportioned
4. What happens with deposit
5. Any fees / costs to be paid

If this has been agreed, you should follow that mutual agreement to terminate which replaces the original tenancy agreement. There is nothing to sue for as noone has breached the new mutual agreement to terminate.

If it has not been finalised, then you may still be able to negotiate fees but either party is able to say no and continue the status quo. If the LL is more keen, you may be able to negotiate letting agent fees, full deposit back, moving costs, money for inconvenience..
If you are more keen, they may be able to negotiate retaining some deposit, rent until new tenant found, re advertising costs, reletting, referencing etc fees..

FBaby

The downstairs tenant should also take blame being on the ground floor, knowing there would be upstairs neighbours.

Unless they've lived there for 10 years with tenants above and no problem until now.