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

                        Working...
                        X