Breaches of Licence to Alter
I am trying to give some help to my Aunt, who is 90 and lives in a basement flat, where she is suffering excessive noise from the flat above, not necessarily caused by loud music, etc. but just the noise of people walking about on bare floors - the tenants in that flat have a reciprocal issue as they can hear (and have complained about) her TV and even phone calls. The upper flat owner (who lets it to the tenants) made some alterations to the flat and was granted a Licence to Alter by the Freehold Company (of which my Aunt is a joint Director, along with 2 other occupiers in the building).
One of the terms of the licence was that a specific type of sound absorbing matting should be laid down in the flat. The matting was not laid, but the owner has refused access for proper inspections, ignores letters and emails, and has done nothing but be obstructive. My Aunt's fellow Directors, though helpful in sending letters, seem unable or unwilling to pursue the case - it doesn't affect them directly. She has had to get her solicitor to write to the Freehold Company, which of course risks damaging her (currently good) relationship with the other Directors.
This has been going on for 3 years and she is at her wit's end. What other recourse does she have? I see there is a First-Tier Tribunal System that seems to offer relatively straightforward access to the law in Property matters, but I am not sure if it would cover her case? And even if it did, the only acceptable solution is to have the work done as specified, could such a tribunal make (and enforce) such an order? Any thoughts/suggestions would be most welcome.
I would add that her flat was twice flooded as a result of the works, a temporary repair was effected but the landlord has not provided evidence of permanent, capillary soldered repairs (as specified by the Freehold Company's Surveyor), or gas safety certificates, so the noise issue is something of a last straw, she cannot even enjoy watching her TV and she fears further incidents.
One of the terms of the licence was that a specific type of sound absorbing matting should be laid down in the flat. The matting was not laid, but the owner has refused access for proper inspections, ignores letters and emails, and has done nothing but be obstructive. My Aunt's fellow Directors, though helpful in sending letters, seem unable or unwilling to pursue the case - it doesn't affect them directly. She has had to get her solicitor to write to the Freehold Company, which of course risks damaging her (currently good) relationship with the other Directors.
This has been going on for 3 years and she is at her wit's end. What other recourse does she have? I see there is a First-Tier Tribunal System that seems to offer relatively straightforward access to the law in Property matters, but I am not sure if it would cover her case? And even if it did, the only acceptable solution is to have the work done as specified, could such a tribunal make (and enforce) such an order? Any thoughts/suggestions would be most welcome.
I would add that her flat was twice flooded as a result of the works, a temporary repair was effected but the landlord has not provided evidence of permanent, capillary soldered repairs (as specified by the Freehold Company's Surveyor), or gas safety certificates, so the noise issue is something of a last straw, she cannot even enjoy watching her TV and she fears further incidents.
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