Noise problem following change to flooring

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Noise problem following change to flooring

    I am sure this is a common problem, but I would appreciate some feedback. A flat in the block has recently changed hands. The flat has been refurbished and the carpets all removed. Underfloor heating has been installed and the entire floor area tiled. Unsurprisingly, there is now a lot of noise transfer to the flat below.

    The new owner did not request permission to make any changes and consequently there is no knowledge of how the new flooring has been laid on the concrete base. The lease makes no reference to floor coverings, and merely states that there must be no internal non-structural alterations without the Landlord's written consent.

    Should this have been done without consent and has anyone any advice regarding how best to deal with the problem.

    Thanks.



    #2
    Well that clause is totally unreasonable and unenforceable, you would be in breach for changing the toilet roll !
    There may be a clause about causing annoyance that could be used to put pressure on the flat owner.
    Ideally first option would be friendly chat with the occupier or ask the freeholder / management company to deal with it

    Comment


      #3
      Thanks. The building regs E3 has obviously been breached and the leaseholder below has not had any response from the new owner. It has been suggested that installing tiling directly onto the slab was a structural alteration of some kind.

      You can have noisy neighbours anywhere, but in a flat they are closer!

      Comment


        #4
        Does the lease say that all floors must be carpeted ?
        Also "no internal non-structural alterations without the Landlord's written consent."
        Therefore = BREACH OF the LEASE.

        Again..
        ask the freeholder / management company to deal with it.

        Comment


          #5
          Thanks ram, will do.

          Comment


            #6
            Originally posted by parklands View Post
            Thanks ram, will do.
            Although you quote "no internal non-structural alterations without the Landlord's written consent." has been contested in this thread,
            remember that when a flat is first sold as a flat, the flat was supplied with a multitude of internal items, commonaly called Landlords fixtures and fittings.
            These fixtures and fittings will be items such as bath, toilet, light fittings, kitchen sink, cupboards, boiler, radiators etc. ( concrete floor )
            Everything in that flat was initially supplied by the freeholder, therefore belongs to the freeholder.

            Freeholder issues a lease, that allows you to reside in the flat, for a fee. ( the price of the lease )
            The freeholder normally states that the internal maintenence / repairs are for the leaseholder to bear, as it's only the leaseholder that will wear out / damage those items.
            The flat is leased. not bought.
            The fixtures and fittings are leased, not bought, which is why permission to alter is required.

            Therefore, if you want to replace a like for like item, such as a bath / boiler, it belongs to the freeholder, and leased to you.
            Hence "no internal non-structural alterations without the Landlord's written consent."

            However, replacing like for like in same location, still needs Landlords consent, but is often overlooked - such as replacing boiler ( but using the same hole for the flue ) , new bath, new kitchen. But it's only courtesy ( and also mandated ) to say to landlord, am going to rip out all these items you paid for, and leased to me - in effect ) or fit loads of water pipes all over all floors, and hope there are never any leaks- for next 100 years ( under floor rubber tubing lasts up to 50 years.) Do you have any objection.

            Landlord MUST know, and record any alterations / modifications / replacements, for future reference, and when current leaseholders are long dead.


            Comment


              #7
              In most leases, there is a clause stating that floors must be carpeted. Special permission has to be obtained for wooden flooring and it must meet soundproofing standards and should be inspected by a surveyor after installation. I know as I have been through this. Your neighbour is clearly in breach.

              Comment


                #8
                Originally posted by ram View Post
                Although you quote "no internal non-structural alterations without the Landlord's written consent." has been contested in this thread,
                remember that when a flat is first sold as a flat, the flat was supplied with a multitude of internal items, commonaly called Landlords fixtures and fittings.
                These fixtures and fittings will be items such as bath, toilet, light fittings, kitchen sink, cupboards, boiler, radiators etc. ( concrete floor )
                Everything in that flat was initially supplied by the freeholder,
                LOL, so you'd be suing a leaseholder for changing one of your light bulbs?

                Comment


                  #9
                  Originally posted by rebel999 View Post
                  In most leases, there is a clause stating that floors must be carpeted. . Your neighbour is clearly in breach.
                  ""The lease makes no reference to floor coverings,""

                  Comment


                    #10
                    Originally posted by Section20z View Post
                    LOL, so you'd be suing a leaseholder for changing one of your light bulbs?
                    if it was you, Yes.
                    Anyone else, no.

                    It is common knowledge, that in rental and leasehold, light bulbs are regarded as consumables, due to the fact that ordinary incandesant lights don't last as longas CFLs and LEDs. The typical incandescent bulb lasts about 1,000 hours, ( 9 to 12 months ) while a 15-watt CFL bulb lasts 10,000 hours and a 12-watt LED bulb lasts 25,000 hours.

                    AST's AND courts state that light bulbs are short life consumables, ( and because they ARE ) therefore residents in those types ( Leasehold and Rents ) are Required to replace them at their cost.

                    incandesant . . . . . . . . . . . CFL

                    In-Bulb.jpgcflBulb.jpg

                    Comment


                      #11
                      Originally posted by Section20z View Post
                      ""The lease makes no reference to floor coverings,""
                      Note "In most leases, there is a clause stating that floors must be carpeted"
                      But the breach is clearly "no internal non-structural alterations" so carpets don't matter if carpets are not mentioned.


                      Comment


                        #12
                        freeholder-liable-actions-nuisance-leaseholder-tenant

                        SEE https://www.bradysolicitors.com/brad...holder-tenant/

                        Comment

                        Latest Activity

                        Collapse

                        • Legal Action Against Landlord - Local Council
                          by Isaac1400
                          Hi,

                          Hoping someone can advise. I am leaseholder and the landlord is a local council. my property is a flat and there are about 55 flats spread out over 3 floors.

                          Now the problem is that over the years the council has failed to maintain the exterior and communal areas - including...
                          02-12-2021, 07:13 AM
                        • Reply to Legal Action Against Landlord - Local Council
                          by Section20z
                          It may benefit older leases by removing "marriage value" from lease extensions but this would not help you _ and freeholders are also aware of imminent changes and may be more willing to negotiate prior.
                          Speak with a specialist like Homehold.org who will negotiate on your behalf,...
                          05-12-2021, 07:14 AM
                        • Reply to How much can the freeholder charge for registering details of a sublet?
                          by eagle2
                          If the lease states that you may charge a registration fee of £10, that is the amount you may charge, you are not entitled to increase the charge unless the lease specifically allows an increase. Even then you would be limited to a reasonable amount and £100 would be considered to be unreasonable....
                          05-12-2021, 06:55 AM
                        • How much can the freeholder charge for registering details of a sublet?
                          by Joubert
                          I am a director of a Freehold Company of a small block of 28 flats in a popular residential area.

                          Over the past few years the majority of flats have been purchased by investors who sublet the flats on ASTs.

                          Although the leases between the Freehold Company and the lessees are...
                          04-12-2021, 17:35 PM
                        • Reply to Legal Action Against Landlord - Local Council
                          by andydd
                          I sued my freeholder for failure to maintain my driveway, judge was quite damning but I was only awarded £100 as hard to proof any loss BUT in your case it sounds you have exceptional worry over various incidents so yes you could sue and as I found out it was useful, I got costs too and its something...
                          04-12-2021, 21:19 PM
                        • Reply to Dilapidated Flat
                          by scot22
                          Thanks all. It was a great price, significantly below market value, plus in further negotiations a reduction to pay for any further work. This was identified by a surveyor. She is not clueless.....
                          Artful in my research I read that can only claim for her ownership period.
                          It is all i...
                          04-12-2021, 19:33 PM
                        • Dilapidated Flat
                          by scot22
                          In a block of 24, unfortunately one flat has become dilapidated. The new owner has bought cheaply. She is now demanding the Freeholder pays to refurbish it claiming they have been negligent. Is there a reasonable case ?
                          04-12-2021, 11:21 AM
                        • Reply to Legal Action Against Landlord - Local Council
                          by Isaac1400
                          Thank you for bringing this to my attention. I have heard of this. In summary do you know if this would benefit those with older leases and not on the builds which have has issues with rising ground rent etc?...
                          04-12-2021, 19:09 PM
                        • Reply to Dilapidated Flat
                          by Macromia
                          If a leaseholder can show that internal maintenance is required because of a freeholder's negligence (e.g. a failure to meet external maintenance obligations according to the terms of the lease), they will potentially have a claim against the freeholder and be entitled to expect the freeholder (the...
                          04-12-2021, 16:59 PM
                        • Reply to Dilapidated Flat
                          by theartfullodger
                          The previous owner might have had a case. The new owner I think only for claims for problems during their ownership. But ianal.

                          Presumably she got a great price as it was so dilapidated
                          04-12-2021, 16:51 PM
                        Working...
                        X