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Flat upstairs has laminate floor - against lease and noisy - what action to take?

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Comments

  • sjb123
    sjb123 Posts: 14 Forumite
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    macman wrote: »
    Talk to the neighbour, point out the noise issue and that laminate flooring is a breach of the lease. Confirm same in writing. Give them say a month to comply. Then make a formal complaint to the management co. asking them to enforce the lease..
    That way they will have had the opportunity to comply, and can't complain should you have to involve the mgt co.
    If you think this will sour relations, then you may be right, but the alternative is to live with the noise.

    Yes, this seems a fair way to go. Thank you for the advice. Will have a word soon. Cheers
  • sjb123
    sjb123 Posts: 14 Forumite
    First Post First Anniversary Combo Breaker
    da_rule wrote: »
    As has been said, speak to the freeholder. But also check your own lease, some contain mutual enforceability covenants. These allow you to either compel the freeholder to act or in some cases, take action against another leaseholder yourself.

    You!!!8217;ll also need to check your neighbours lease as well to ensure that they are actually in breach of it. The leases may not be identical so they may not have a clause in theirs regarding floor coverings etc.

    Hi, thanks for this.

    I don't think they would be exempt since they are a top floor flat. I could understand a ground floor flat having exemptions to flooring but the leasehold agreement is actually pinned up in the hallway with specific mention of the floors needing to be carpeted.

    I might try calling the management company about this and see if they can check it.

    Cheers
  • sjb123
    sjb123 Posts: 14 Forumite
    First Post First Anniversary Combo Breaker
    rtho782 wrote: »
    If you want "silence" then perhaps you need to live in a detached house...

    Obviously you will end up having to declare this dispute when you sell, and they are going to hate you once you cause them to have to spend thousands on carpet.

    If I were them I would put down the thinnest carpet possible and then make as much noise as possible going forward...


    Hi,

    Interesting points. I can see you've come at it from the worst case scenario, which is kind of how I've been thinking. I'm not sure any thin carpet could be worse than laminate. They could be b@$tards about it but I'm hoping it won't come to that.

    On what grounds would I have to declare the dispute when selling?

    Cheers
  • sjb123
    sjb123 Posts: 14 Forumite
    First Post First Anniversary Combo Breaker
    dunroving wrote: »
    ... or you could buy them a nice pair of soft slippers ...


    Yes, that might be the best option. I am still tempted to just report it anonymously since the guy on the phone said it could be done so they wouldn't know, but I'm not so sure that will be a mystery for long... We shall see

    Thanks
  • sjb123
    sjb123 Posts: 14 Forumite
    First Post First Anniversary Combo Breaker
    Ok, how about the idea that they politely offer to put down a rug and it ends up doing sweet FA for the noise? I would still need to get the management company involved, despite the neighbor being helpful...
  • csgohan4
    csgohan4 Posts: 10,587 Forumite
    First Anniversary First Post Name Dropper Photogenic
    sell the flat and move to a detached house
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • sjb123
    sjb123 Posts: 14 Forumite
    First Post First Anniversary Combo Breaker
    csgohan4 wrote: »
    sell the flat and move to a detached house

    Can't afford one. Thanks for the suggestion
  • InterestedParty2018
    InterestedParty2018 Posts: 134 Forumite
    It is my opinion that there is no way that this can really be addressed anonymously.

    If you go down the formal route of your Freeholder/Managing Agent, then you would need to disclose this when/if selling. Also, when they (upstairs) are approached by the Freeholder or MA, they are surely going to know it is you that has brought this issue to their attention. Passing each other in the hallway could be rather awkward if you both know, but wont talk about it.

    My suggestion is (as you did before), is have a chat with them. Explain that the noise has become less tolerable over the last few months, and you know they dont have carpet, which is required by the lease, would they please consider putting it in place, or similar "noise deadening" options, ie a large rug in main traffic areas.

    - They may not be truly aware that their lease insists are carpeting. (Many owners obviously ignore this clause, but so many do not actually read all of the lease either!)
    - This polite intervention may be sufficient for them to take appropriate action. If they are the top floor flat, they are unlikely to suffer with much noise disturbance, so may be oblivious to the noise transmission throughout the building.
    - If they are nasty, they may lay the cheapest of cheap carpet which will do nothing to stop the noise, but does fulfil their lease obligation. (In my opinion, correctly installed quality wooden floors can often be more superior - noise wise - than cheap carpet with thin underlay which is laid over raw floor boards!)

    If all communication fails, and you have no intention of selling for the foreseeable, then push the Freeholder to enforce the covenant which is being breached by the flat owner upstairs...
    It may be a long journey though, and as mentioned above, there are short cuts which may not reap the results you are hoping to achieve.
  • rtho782
    rtho782 Posts: 1,189 Forumite
    First Anniversary First Post
    sjb123 wrote: »
    Hi,

    Interesting points. I can see you've come at it from the worst case scenario, which is kind of how I've been thinking. I'm not sure any thin carpet could be worse than laminate. They could be b@$tards about it but I'm hoping it won't come to that.

    On what grounds would I have to declare the dispute when selling?

    Cheers

    https://www.reallymoving.com/blog/may-2016/neighbourly-disputes-what-you-need-to-tell-buyer

    If you want to sell you will have to fill out a SPIF and you can be held liable for anything you put in it. What you are suggesting will be a documented complaint about a neighbour, and as you've said they are going to know it was you....

    You are hoping they won't be "b****ds" about it but they will probably think the person causing them to have to spend thousands on carpet and rip up all their laminate is being a "b****d" to them, and may well respond in kind...
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