Laminate flooring

Sprinkly

The landlord above me has laid laminate flooring thoughout in a tiny 1 bedroomed  low rise flat  on the first floor and then crammed 3 young adults into it creating excessive footfall, nocturnal noise in the early hours etc affecting myself and surrounding neighbours.  Is there anything that can be done.      

eddddy

In the first instance, you can try a friendly approach to the landlord upstairs. 

Most flat leases have a 'covenant' saying that carpet (or similar) must be laid, so check your lease, and you can point that out to the landlord upstairs. (It's very likely that the upstairs lease will have the same 'covenants' as your lease.)



Ultimately, you can complain to your freeholder (or their management company). You can probably insist that the freeholder enforces 'covenants' on the upstairs landlord.

It's very, very unlikely, but if it gets really nasty (solicitors, court cases etc) you might have to pay the freeholder's costs for enforcing the covenant.

davidmcn

eddddy said:

Most flat leases have a 'covenant' saying that carpet (or similar) must be laid, so check your lease, and you can point that out to the landlord upstairs. (It's very likely that the upstairs lease will have the same 'covenants' as your lease.)

Ultimately, you can complain to your freeholder (or their management company). You can probably insist that the freeholder enforces 'covenants' on the upstairs landlord.

It's very, very unlikely, but if it gets really nasty (solicitors, court cases etc) you might have to pay the freeholder's costs for enforcing the covenant.

The OP is a tenant - relevant previous thread here:
https://forums.moneysavingexpert.com/discussion/6085101

princeofpounds

Yes you have to persuade your own LL to get their LL (the freeholder) to enforce the covenant on floorings that probably exists in the lease of the upstairs flat (but may not). Doesn't happen very often, unfortunately, but sometimes LLs get motivated to do it when they have several tenants leave at the first opportunity.

In the meantime, talking to upstairs may help, especially asking them to put rugs down or walk without footwear. But it's not their fault - they are entitled to walk around normally in their own homes - so don't focus on them too much. It may help if you can demonstrate to them what it is like. 

Sprinkly

Thanks for your answers but even without investigation with Land Registry I suspect not.  I'm sure my social LL has looked at the lease. 
I did ask the LL 3 times to consider putting carpets down but got ignored and so this has caused problems for his new tenants and nearby neighbours.  

However, my social housing LL is speaking to the lease holding LL today about the laminate flooring and the fact that footfall  and noise transfer is ricocheting into the upper flat next door as the tenant  in that flat came and complained to me about the flooring, which is why all this has started up again.  I had resigned myself to noise cancelling headphones during the daytime, a pillow over my head and ear buds plus white noise at night living in these conditions.  

I was told earlier on in my complaint to my social housing landlord that the surveyor was very happy with the refurbishments done at that time last year (see my other thread as pointed out by davidmcm)https://forums.moneysavingexpert.com/discussion/6085101 as any improvement is an improvement to building which I get.  Would there be any negligence on the the surveyors behalf (if they were my own social landlord's surveyors which I suspect they are) with regard to approving the laminate flooring?  Just looking for a loophole probably none of which I will find.  

I refuse to move and why should I and neither should the other neighbour who has complained its not an option for either of us as key workers working in the nhs at a nearby hospital and we need our sleep.  

Titus_Wadd

Three adults sharing a one bed flat sounds snug.

Sprinkly

Titus_Wadd said: 

Three adults sharing a one bed flat sounds snug.

I think there is actually 4. He comes around at 2 am. Both rooms are bedrooms.