breach of lease - what are the ramifications?

itwasntme001

Hello,

I am a landlord who owns a leasehold flat.  It is tenanted and an owner occupier below my flat has been complaining on and off of noise issues from my flat.

The owner has not provided any evidence so far and my tenants say they are being careful etc.  I have attempted numerous times to get the message across to both sides; my tenants to be more mindful and for the owner occuiper to make sure it is not just normal expected noise and that it is not coming from elsewhere as well.

He is now threatening taking legal action for breach of lease with regards to noise.  Just wondering what else I need to do and what can potentially be done to me, e.g. having to forfeit my lease.

I have suggested after the tenants leave I will install sound proofing etc.

TIA.

FlorayG

If he doesn't have any evidence then he can't do anything

saajan_12

Forfeiting a lease is a severe action, and noise is a subjective cause. The neighbour would need to have some clear evidence first, eg description and log of what the noises are (eg music / yelling / building works, daytime v night time, etc) and possibly recordings as well. 
That might also give you a clue as to what avenue to pursue. 

eddddy

itwasntme001 said:

He is now threatening taking legal action for breach of lease with regards to noise.  Just wondering what else I need to do and what can potentially be done to me, e.g. having to forfeit my lease.

It depends on the mindset (or vindictiveness) of the leaseholder downstairs.

Typically, leases are set up like this...

• If the Leaseholder downstairs complains to the freeholder that you are breaching your lease, the freeholder is required to take enforcement action. (Writing letters to you; followed by instructing solicitors; followed by court action.)

• If you lose (i.e. the court decides that you breached your lease), then you have to pay all your own legal costs plus the freeholder's legal costs - and you are on the path to having your lease forfeited, if you don't stop the breach.

• If you win (i.e. the court decides that you didn't breach your lease), then the downstairs leaseholder has to pay the freeholder's legal costs (and you pay your own costs)

So key questions are...

• How certain is the leaseholder downstairs that you are breaching your lease?
• How much money is the leaseholder downstairs willing to risk by telling the freeholder to take enforcement action against you?

But obviously, by far the best solution would be if you can resolve this amicably, without getting the freeholder involved.

itwasntme001

The issue seems to be that my tenants have said they are being careful and living normally, whereas the downstairs occupier thinks my tenants are being inconsiderate and careless.  No evidence has been supplied by the ocupier except for his description of the noise via email.

If it goes to court, what evidence is required and how high is the bar for ruling of breach in the lease for noise?

eddddy

itwasntme001 said:

If it goes to court, what evidence is required and how high is the bar for ruling of breach in the lease for noise?

It's a civil matter, so it would be decided on the balance of probabilities.

In simple terms...

• The freeholder would present their evidence (probably supplied by the downstairs leaseholder) that you are breaching the lease

• You would present your evidence that you are not breaching the lease

The court/tribunal would decide who is most likely to be correct - the freeholder or you.

So, for example, that might boil down to listening to both parties version of events, and deciding which version sounds most plausible.

But if you lose, you will almost certainly be given the opportunity to do things to rectify the breach, before any lease forfeiture takes place.



(Presumably, you or your tenant haven't done anything like replacing the carpet with laminate floors?)

Ms_Chocaholic

Has the downstairs neighbour reported this to Environmental Health and have EH installed noise detecting equipment in the neighbour's home to assess the noise?  If so could you suggest this to him/her.

Has the downstairs neighbour been there a while or have they just moved in and maybe not used to living in a flat.

Have they said what the noise is, how long it has been going on for and have they been keeping a note of the days/times when the noise is at its worst.

Ms_Chocaholic

I found this which might be useful

https://www.midandeastantrim.gov.uk/resident/environmental-health/noise

itwasntme001

Ms_Chocaholic said:

Has the downstairs neighbour reported this to Environmental Health and have EH installed noise detecting equipment in the neighbour's home to assess the noise?  If so could you suggest this to him/her.

Has the downstairs neighbour been there a while or have they just moved in and maybe not used to living in a flat.

Have they said what the noise is, how long it has been going on for and have they been keeping a note of the days/times when the noise is at its worst.

No don't think he has but I think he will report to EH.

He has only been there a couple of years and I never had a complaint before about noise from previous tenants.

He mentioned the noise as something dropping loud on the floor of my flat.  Plus some loud talking in the flat and communal area.  He said he is keeping a log, but I am worried he will make it up to make a case.  My tenants said they have been very careful.