Creaky floorboards from flat above

moneymark

Hi there,

My flat I bought 6 months ago is one of 8 in a victorian house conversion.

The first floor flat above me is rented out and although carpeted has incredibly creaky floorboards which I hear with every single footstep throughout. It's driving me insane and really bringing me down as the girl who lives there also works from home too and rarely goes out so it's constantly going on.

I have approached the landlord who owns the flat above and politely asked if they could address the issue of the creaky floorboards by screwing them down into the joists which I fairly sure will resolve the issue. However they don't seem to be willing to do anything about it.

I have read through the lease and it states the leaseholder must keep the flat in good and substantial repair and condition throughout. It also states that the lessee is responsible for replacement where necessary and lists the various elements that make up the flat and the floors are specifically listed here so as far as I read it they are under obligation to do this.

Can anyone advise as to what I should do next and what the best course of action would be?

Can I take legal action if they are unwilling to do anything about it?

Thanks in advance.

Tumtitums

My flat had a creaky floorboad. Creaky floorboards do not mean the flat isnt in good condtion especially if the landlord and tenant arent complaining so i cant see they are doing anything against the lease. Also these handymen/builders charge a relatively large amount of money to come out to sort the problem relative to the time it takes. In addition the carpet , underlay and floorboard would have to be lifted in order to deal with this issue. Its a lot of hassle if the tenant and landlord of the flat arent bothered by the creaking.
What you could do is offer to pay for this work yourself.

G_M

Who is the freeholder?

As an alternative approach, how about offering to pay for a contractor to fix it if the leaseholder/landlord will agree?

moneymark

It's a share of freehold.

Having seen the flat, it is very run down and has not been modernised since the 1980's.

I'm not adverse to contributing if that's what it takes. However I really don't think it's fair that I should pay anything when the lease states their flat should be kept in a good state of repair. Floorboards that creak throughout with every footstep surely fall under this remit?

Legally should they not have to abide with the terms of the lease? What is the point in having clauses in leases if you don't have to abide by it?

G_M

Well as I said, you have two possible approaches:

1) the tea and cake approach. Have a friendly chat, offer to pick up the cost, and hope the owner agrees. after all, it's you who will benefit.

2) th legal approach. Get together with the other joint freehlders, and pursuade them (or at least a majority of them) to enforce the terms of the lease on the leaseholder involved, initially with a stern and/or polite letter, followed if necessary by legal action.

I know which optiion I'd try first, but since you obviously feel strongly, you might choose a different initial route......

davidmcn

moneymark wrote: »

I'm not adverse to contributing if that's what it takes. However I really don't think it's fair that I should pay anything when the lease states their flat should be kept in a good state of repair. Floorboards that creak throughout with every footstep surely fall under this remit?

Sounds doubtful to me.

G_M

davidmcn wrote: »

Sounds doubtful to me.

Me too.

victorian house conversion

Old house? Creaky floors? Go together like an old car and a rattling engine.......

moneymark

Having spoken to the landlord they are unwilling to do anything about the floorboards even though I have offered to pay for the whole job.

Like I said previously, the lease and it states the leaseholder must keep the flat in good and substantial repair and condition throughout. It also states that the lessee is responsible for replacement where necessary and lists the various elements that make up the flat and the floors are specifically listed here so as far as I read it they are under obligation to do this.

Can anyone advise if I can enforce them to do something about it as they are in breach of the leasehold agreement.

Thanks

davidmcn

moneymark wrote: »

Can anyone advise if I can enforce them to do something about it as they are in breach of the leasehold agreement.

As above, I don't think that "creaky" means it's not in good and substantial repair - but I'm happy to be corrected if there is case law to the contrary.

cjmillsnun

Creaky floorboards are perfectly normal in a Victorian property.

A flat that needs a bit of redecoration and has creaky floorboards is not grounds for it not to be in good and substantial repair.

I think there is precisely nothing you can do about it.