Options for dealing with a super-creaky roof + problem neighbour

MattyBenwah

Hi all,

Would appreciate some advice on a pretty hairy situation me and my partner are encountering in a new tenancy. In short, we have a super-creaky roof/floorboard between us and an upstairs flat which is causing sleepless nights, do we have a legal case to get the agency/landlord to fix it?

Moved into a great new flat recently which has a major drawback in how poorly soundproofed it's roof and floor is. This is particularly bad because the upstairs roof is super creaky and our neighbour is awake and walking about at all hours in the room directly above where we sleep. We're getting woken up by the roof pretty much every night and the guy doesn't come to the door when we knock. In fact the only communication we've had from him was a 15 minute tirade of abuse he directed at us (through the floorboards) after we knocked on his roof to stop him playing loud music past midnight.

We're currently waiting on a mediator from the council to see whether we can come to an understanding. I don't have high hopes for a solution from this as the guy doesn't seem rational and also is probs entitled to walk about at whatever time he wants and it's not his fault if the roof creakiness is loud enough to wake us.

Thinking of pushing the agency/landlady to sort the roof out but not sure how realistic this is or what kind of legal position we have to force them to do it or at least cut the rent (considering we only can use the smaller of our 2 bedrooms)

Thanks in advance, would appreciate any input or advice from you savvy lot

davidmcn

The roof is the thing on top of the building which stops the rain from getting in. I think you're talking about a creaky floor.

gomer

If you want shot of the neighbour i know a couple of toddlers you can borrow

HampshireH

You have a tenancy. Its an assumption but for 6 months? A year?

Why would you choose to spend thousands on legal action when you could move?

There is no obligation to reduce your rent.

It must have been on going for a while to get to council offered mediation.

MattyBenwah

I'm in scotland so we could theoretically move whenever but we've literally been here for a month.

I'm hoping that there is an obligation to reduce rent or address the issue. This bit in the contract for example:

A privately rented Let Property must meet the Repairing Standard as follows:
• The Let Property must be wind and water tight and in all other respects
reasonably fit for people to live in.
• The structure and exterior (including drains, gutters and external pipes) must
be in a reasonable state of repair and in proper working order.

At the moment could argue that we can't sleep in the bedroom (so not reasonably fit to live in) because the ceiling is creaky and worn (not in a reasonable state of repair)

davidmcn

It's the flat upstairs which has a creaky floor, not yours. Not that I would consider a creaky floor makes the place uninhabitable. A bit irritating, yes. At worst you have a noise nuisance being caused by the neighbour, not disrepair of your flat.

diggingdude

Best bet is to move, banging on the ceiling/neighbours door isn't going to help you despite how frustrating it is

MattyBenwah

Mmmm this is the response we've been getting, it's not easy to convey what's going on without making it sound like a minor irritation.

The noise isn't just a wee creak here and there it's every spot in the ceiling squealing and squeaking at loud volume with every footfall. He's often getting in and out of bed and the room 4-5 times in a row beyond 2am which means we're pretty much guaranteed interrupted sleep every night.

Not particularly blaming the guy, even if judging from the 15 min tirade of abuse we recieved he's a foul human being. It's just frustrating that the agency/landlady are unlikely to do anything.

I'm going to push for a rent discount at very least, on the basis that we're renting a flat where one room is pretty much out of bounds for what it's purpose is meant to be.

gomer

I doubt you'll get that. They are more likely to explore other avenues first like speaking to him. It sounds like he already feels a bit picked on so don't expect mediation to achieve much because he probably won't be open to it. He has people banging on the ceiling & knocking on his door, that's hardly getting mediation off to a good start.

[Deleted User]

MattyBenwah wrote: »

Hi all,

Would appreciate some advice on a pretty hairy situation me and my partner are encountering in a new tenancy. In short, we have a super-creaky roof/floorboard between us and an upstairs flat which is causing sleepless nights, do we have a legal case to get the agency/landlord to fix it?

Moved into a great new flat recently which has a major drawback in how poorly soundproofed it's roof and floor is. This is particularly bad because the upstairs roof is super creaky and our neighbour is awake and walking about at all hours in the room directly above where we sleep. We're getting woken up by the roof pretty much every night and the guy doesn't come to the door when we knock. In fact the only communication we've had from him was a 15 minute tirade of abuse he directed at us (through the floorboards) after we knocked on his roof to stop him playing loud music past midnight.

We're currently waiting on a mediator from the council to see whether we can come to an understanding. I don't have high hopes for a solution from this as the guy doesn't seem rational and also is probs entitled to walk about at whatever time he wants and it's not his fault if the roof creakiness is loud enough to wake us.

Thinking of pushing the agency/landlady to sort the roof out but not sure how realistic this is or what kind of legal position we have to force them to do it or at least cut the rent (considering we only can use the smaller of our 2 bedrooms)

Thanks in advance, would appreciate any input or advice from you savvy lot

1) It's a ceiling not a roof.

2) It's his floor that is creaking not your ceiling.

MattyBenwah wrote: »

Mmmm this is the response we've been getting, it's not easy to convey what's going on without making it sound like a minor irritation.

The noise isn't just a wee creak here and there it's every spot in the ceiling squealing and squeaking at loud volume with every footfall. He's often getting in and out of bed and the room 4-5 times in a row beyond 2am which means we're pretty much guaranteed interrupted sleep every night.

Not particularly blaming the guy, even if judging from the 15 min tirade of abuse we recieved he's a foul human being. It's just frustrating that the agency/landlady are unlikely to do anything.

I'm going to push for a rent discount at very least, on the basis that we're renting a flat where one room is pretty much out of bounds for what it's purpose is meant to be.

There is absolutely nothing your landlord can do about the guy upstairs having creaky floorboards and you are not entitled to any kind of rent reduction because of his creaky floorboards.

If you wish to remain in the property then just keep going with your council complaint.