Noise Dispute with Share of Freehold Neighbours

Freakyfree

hi, i own (with a mortgage) a ground floor flat with a share of freehold.
the property is a converted house with 3 properties, 2 ground 1 upper.
last year we acquired the freehold
previously there were no noise issues
i believe that, in the new year the upstairs property amended their flooring in the living room
i now hear everything... playing with their infant child, conversations, footsteps, banging doors (where the carpets previously stopped this), running for the amazon deliveries - which literally makes the ceiling shake!
when i asked politely at first, then resorted to just shouting,
they claimed that it was the baby bouncer - not them personally!   
they did not stop using the bouncer even though they were aware that it was an issue, 
they claim that the conversion is rubbish, but there was no issue previously
they then went & amended more of the flooring
they will not confirm that this is what they have done

I believe that they think that the share of freehold overrides their lease
the lease states that they must keep the property substantially covered with carpet to stop noise transmission, I read this as they are in breach of their lease

we have the freehold in order that the occupiers maintain the property not destroy it's sound insulation. the owners of the other ground floor property are not directly affected.
currently the stereo is my only recourse as it is the only way I can't hear them but this is not desirable & i am beyond talking to them 

does anyone have any suggestions on a course of action?
what are my legal options?  anyone recommend a decent litigator in NW London

thank you 

propertyrental

How is the freehold owned? By 3 named flat-owners/individuals? By a company with the individuals named as directors? Something else?

Do the freeholders employ a management company to manage the property, or is it DIY

How are decisions made? By unanimous vote? Majority vote?

Is one of the individuals acting as or appointed as chairperson?

Does the other ground floor occupant also have a problem with the noise? Have you discussed it?

Depending on the answers there are 2 possible courses of action (I think):

1) the 'freeholder'  be that a company or chairperson whatever, writes formally to the leaseholder above outlining the problem and asking them to confirm they are complying with their lease by having their floor "substantially covered with carpet".

2) complaining about noise abuse to the local authority - though I suspect if the noise is 'everyday living' noise, albeit exacerbated by poor insulation, they will not do much. Only if, say, loud music was being played late at night.

(I've ignored the obvious tea and cake approach.....)

Freakyfree

the freehold is owned by 3 named individuals not a mgmt co. the acquisition only happened 7 months ago so no decisions have had to be addressed so far apart from buildings insurance which i arranged & the next door got the payment from them for their share. 
so far the amended floor is only above my property so there seems to be limited disturbance to next door

propertyrental

Well you could write in your capacity of a joint freeholder, though it would carry more weight if you had at least a majority ie the other ground floor owner jointly signed the letter with you.

An alternative (or for later) would be to take upstairs to tribunal for breach of their lease, though again, a majority of joint freeholders would be advisable.

ThisIsWeird

Do you have regular management meetings?

Is the other GF freeholder a reasonable person?

If so, have a chat with them, and ask for their support when you bring this up at the next meeting. 

eddddy

Obviously, the best solution is to resolve it amicably/informally.

But if you want to make it legal/formal... 

As you probably realise, the 3 people are leaseholders, as well as being joint freeholders. So assuming you have 'typical' leases'...

• You write to the 3 joint freeholders (including yourself) saying that a leaseholder is breaching their lease by not having carpet - and that you require the joint freeholders to enforce the lease. (I.e. ensure that the leaseholder lays carpet - or forfeit the leaseholder's lease if they refuse)

• You also say that if the joint freeholders don't enforce the lease, you will take legal action against them (see below for examples of legal action)

If the joint freeholders don't enforce the lease (i.e. they don't ensure the leaseholder lays carpet and they don't forfeit the lease), legal action open to you includes:

• 1) Get a court order requiring the joint freeholders to enforce the lease

• 2) Serve a notice (under section 22 of the Landlord and Tenant Act 1987 ) on the joint freeholders (including yourself)  that, unless they enforce the lease, you will apply to a tribunal to have a Manager appointed. i.e. A manager will take over responsibility for the building - and the manager will enforce the lease

Here's some info on asking a tribunal to appoint a manager: 
https://www.lease-advice.org/advice-guide/what-does-appointing-a-manager-mean/

propertyrental

edddy can the tribunal itself not enforce the lease?

eddddy

propertyrental said:

edddy can the tribunal itself not enforce the lease?

No. Enforcing the lease ultimately means forfeiting the lease.  The freeholder can go to tribunal to get an order forfeiting the lease, but there is no concept of a tribunal itself stepping in and forfeiting a lease. (Or a tribunal stepping in and issuing a court order)



It's analogous to a landlord taking action when a tenant breaches an AST.

• Let's say Tenant A complains to the landlord that Tenant B is breaching their AST.

• The landlord can take Tenant B to court to secure an eviction order under section 8 ground 12

• But if the landlord refuses to take Tenant B to court... the court cannot step in and grant an eviction order anyway (And Tenant A cannot take Tenant B to court to get an eviction order)