Selling property due to hardware flooring above

Xiaolongbao

In my opening post I meant by 'there's nothing the council can do about it' as they cannot force the owner upstairs to put down carpets. 

deannagone

I think I would assume that the noise is extremely bothersome to you, but might not be to someone else so don't assume it will be and needs to be notified if there is no legal requirement to do so.

I have autism and use noiseless earphones although that can be a problem in itself as I often can't hear the postie knocking at the door lol.  Swings and roundabouts.

DayDreamerandGeneralWaster

Have you looked into what you can do on your side so you aren't relying on him?

jimbog

Offer to buy them a rug

AdrianC

Lover_of_Lycra said:

I've skimmed your previous thread and the property upstairs is a short term let, like an Airbnb or similar.  Landlords in Scotland have a legal responsibility to ensure that their tenants do not cause a nuisance to the neighbours and I would think that is the case for those operating a short term letting business too.

Define "nuisance".

There's definitely going to be caveats over the perceptions of Joe Average. It sounds as if the OP's condition makes them more susceptible to the noise than Joe Average would be. Does that increase the liability on the upstairs neighbour?

homersimpson246

Is it possible to consider altering the ceiling in your appartment to help with the noise,you could build a new ceiling below the exisitng that is acoustically detatched from it, have a look on the internet for people who build music rooms/studios at home in their garage.

It might not get rid of all the noise but might make it more bearable.  

[Deleted User]

AdrianC said:

Lover_of_Lycra said:

I've skimmed your previous thread and the property upstairs is a short term let, like an Airbnb or similar.  Landlords in Scotland have a legal responsibility to ensure that their tenants do not cause a nuisance to the neighbours and I would think that is the case for those operating a short term letting business too.

Define "nuisance".

There's definitely going to be caveats over the perceptions of Joe Average. It sounds as if the OP's condition makes them more susceptible to the noise than Joe Average would be. Does that increase the liability on the upstairs neighbour?

Private landlords are responsible for preventing their tenants behaving in an antisocial way in and around their homes. This means that if their tenants are acting in a way that causes or is likely to cause alarm, distress, nuisance or annoyance to anyone living near their home, the landlord must take action. Private landlords aren't responsible for their tenants' behaviour when they're away from home, for example, when they're in a public place such as the pub or a shopping centre.  

Now maybe the OP is more sensitive than your Average Joe to the sounds coming from the flat above but that does not mean your Average Joe would not find it annoying, a nuisance if you will, too.  I have first hand experience of the kind of noise the OP is describing and in the same type of property.  In the end I moved as I was renting and it was easier to move that to fight it.
https://scotland.shelter.org.uk/housing_advice/neighbourhood_issues/antisocial_behaviour/private_landlords_and_antisocial_behaviour/how_private_landlords_should_deal_with_antisocial_behaviour

According to Edinburgh City Council the owner of the property above should have given the neighbours their contact details or the contact details of the agent, including a 24 hour number, to which any noise or anti-social behaviour can be reported.

https://www.edinburgh.gov.uk/downloads/file/26026/short-term-checklist

Xiaolongbao

Thanks for all the replies... 2moro morning I'll contact an estate agent that I'm thinking about using and explain the situation to them and just see what they say. To answer some of the comments, I've already offered to pay for carpeting in the upstairs flat to no avail, and fixing the issue from below isn't viable. 

What it'll come down to is if I legally have to inform buyers. For all I know the buyer's solicitor will search against the council and see my noise complaint, although I don't think searches go that deep in the property enquiry certificate. One of the things the owner upstairs said while dismissing my complaint/carpet offer was 'the person who lived there before you for many years never complained once about this'. I was told me is hard of hearing though.. Being a short term let above, there's been guests who I barely hear walking around, and at times guests who walk around in heels/boots and that is a nightmare. As for noise being subjective, yeah but it can be really bad and I can hear people talking upstairs as though they are right in my flat. The approach I want to take is let buyers view it whenever the way, if asked about sound insulation/noise then 100% honest, but not directly savaging my chances/prejudicing my own sale by offering up information not legally needed. I don't want to get sued after the sale either. Terrible conundrum to be in. This is Edinburgh where properties generally find a buyer in two weeks, very strong market, with prices on my street having gong up around 10% since March last year. 

user1977

What it'll come down to is if I legally have to inform buyers.

You don't. You got some advice about this on your previous thread.

For all I know the buyer's solicitor will search against the council and see my noise complaint, although I don't think searches go that deep in the property enquiry certificate.

They don't.

rach_k

I would just say to the estate agent and potential buyers, IF they ask, that your autism makes it difficult to live with the sounds of neighbours (assuming you're happy to mention it).  They may assume that you are hyper sensitive and that it won't bother them, but that's up to them to check by asking to view at different times etc.  I'd stick to something similar if you're asked specifically about neighbour noise, e.g. "I'm not sure, I find it difficult to say what the average person finds acceptable because of my autism" and just leave it at that.  You won't be lying and I would expect most people wouldn't question you much further because they won't know what's acceptable to ask, but then they can look into it themselves and you won't have to say much one way or the other!