Neighbour Dispute - maintenance issue causing a noise disturbance

anotherday1974

My parents have an ongoing issue with a neighbour concerning a maintenance issue causing a noise disturbance. It is hard to explain, but the floorboards creak as the neighbour walks on them. The noise comes and goes, but it is caused by a maintenance issue and not the tenants living there. It might sound petty, but it is causing great distress to my mum who has lived there happily for nearly 40 years. It cannot be impossible to resolve it by fixing the floorboards and or the joists. It might come and go due to temperature and environmental conditions like moisture. The current landlord attempted to fix it, but it has not worked. The landlord is trying to sell the property without resolving it. We raised it with the previous owner, but their solution did not work also. I have been communicating with the current landlord by text and I have a recording of the noise. All this started about three years ago, so it was fine for the first 37 years. What is the best way forward? 

[Deleted User]

Send a text asking if you should send a letter to the landlord. If you send a registered letter with a more formal complaint, the landlord will have to declare the dispute to buyers.

That should motivate them to fix it.

sheramber

[Deleted User] said:

Send a text asking if you should send a letter to the landlord. If you send a registered letter with a more formal complaint, the landlord will have to declare the dispute to buyers.

That should motivate them to fix it.

Send a text to whom?

anotherday1974

Previously the property was let out via an agent and the tenant moved out. The property was on the market for sale, but the market has slowed and it is struggling to sell. Unexpectedly the former tenant has moved back in, but I think this is an informal arrangement whilst it is on the market for sale. He was a good tenant and I think he contacted the landlord directly due to change in his circumstances. Should I consider contacting a solicitor to send a formal letter to the owner? Can I construct my own letter, or would a letter by a solicitor be better? 

ThisIsWeird

A letter to the actual owner - the person who is selling it. And a copy to the EA. 
Mention the ongoing nuisance being caused by the noise from the floor, that the owner has attempted to solve it - but unsuccessfully - and that it therefore remains an issue that will require addressing. 
Not sure whether to push further by suggesting that, if it isn't fixed before sale, it should be mentioned in the SIP?

Cloth_of_Gold

anotherday1974 said:

My parents have an ongoing issue with a neighbour concerning a maintenance issue causing a noise disturbance. It is hard to explain, but the floorboards creak as the neighbour walks on them. The noise comes and goes, but it is caused by a maintenance issue and not the tenants living there. It might sound petty, but it is causing great distress to my mum who has lived there happily for nearly 40 years. It cannot be impossible to resolve it by fixing the floorboards and or the joists. It might come and go due to temperature and environmental conditions like moisture. The current landlord attempted to fix it, but it has not worked. The landlord is trying to sell the property without resolving it. We raised it with the previous owner, but their solution did not work also. I have been communicating with the current landlord by text and I have a recording of the noise. All this started about three years ago, so it was fine for the first 37 years. What is the best way forward? 

We had very squeaky floorboards and we paid someone to put lots of screws in them above the joists. Screwing them down like this almost completely resolved the problem. It was a fairly quick and easy fix, although if you have carpets it does involve them being lifted and put back of course, and moving furniture around. The tradesman who did the floorboards also dealt with the carpets and although it was all a bit of hassle, it wasn't that bad and it was worth it to stop the squeaking. A couple of our neighbours did the same thing and several years later we are still pretty much squeak-free.

I don't know what method the landlord tried but if wasn't this one perhaps you could persuade him to give it a go  - it does require a lot of screws though and the person doing it has to be careful they don't put a screw in where there is a pipe.

eddddy

Can you clarify... are you talking about your parents and the neighbour living in 2 neighbouring freeholds houses?

If, for example, you're talking about your  parents and the neighbour living in 2 neighbouring leasehold flats or maisonettes (under the same freeholder), there might be different options available.

anotherday1974

eddddy said:

Can you clarify... are you talking about your parents and the neighbour living in 2 neighbouring freeholds houses?

If, for example, you're talking about your  parents and the neighbour living in 2 neighbouring leasehold flats or maisonettes (under the same freeholder), there might be different options available.

Two freehold houses joined. The noise is coming through the party wall. It is floorboards and/or the joists on their side causing the issue. 

anotherday1974

It appears the best way forward is sending a letter to summarise the issue.

I have contacted the owner to ask for her address and she said she intends to sort it and her name and address is not required. She said this back in June and nothing came of it. I wrote back to say that I have been advised to send a letter clarifying the issue. She wrote back and said I am intimidating and bullying her. I think it is best I don't respond, since she has told me to back off and she doesn't want to provide her name and address. She said she is going to send a carpenter round, so hopefully it will get sorted. 

I don't get that wanting to send a letter to an address is intimidating and bullying! I think it is because I said I had taken advice and they told me to send a letter. 

If it gets sorted, then I guess the letter is not required.

Should I send the letter? If so, where to? 

I don't know the owners address and I don't know the letting agent address. I know the selling agent however. I only know the owners first name. 

saajan_12

Practically, you can speak / write to the owner to request they fix. Perhaps offering to contribute to the cost might help convince them. Perhaps threatening to escalate it as a dispute might convince them. Perhaps pushing the tenant to report to their LL might convince them. However its all just hoping to convince.

Legally you can't force it unless its loud enough and sufficiently frequent or late at night that Environmental Health take notice. If not, then the fact that something has deteriorated doesn't make it bad enough to require they fix it, they were just lucky for the first 37 years. 

MultiFuelBurner

I don't think you can force maintenance between two freehold houses in the instance described.

It isn't constant as you have suggested it comes and goes.

So in some respects it might be best to let the property sell, get to know your new neighbours with cake and or a bottle or some tea. When the noise happens again see if they are willing to share the costs to fund and fix.