Another noise thread

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    Another noise thread

    I have a noise issue whichn follows on from the previous thread.

    I live on the ground floor of a converted mansion.

    Since the house was converted noise has never been an issue however in the last year 2 new apartment owners have children and it is causing me some concern.

    The covenants state:

    "To arrange for the floor of each room (except the kitchen) to be fitted with suitable carpets and underlay and to renew the same when necessary any fixings for carpet to be secured with adhesive and neither nails pins nor screws to be fixed into floors"

    I have a good relationship with the owners of the 3 properties above me BUT noisy footsteps are now an issue. The house was converted 10 years ago and the developer effectively broke their own covenants by installing floorboards. Can i now insist on the owners now carpeting?

    My concern is i am on the ground floor and have original floorboards throughout . If i force my neighbours to carpet will i have to do the same even though i am on the ground floor and clearly footsteps are not an issue?

    #2
    1. If you are only a leaseholder, no- you cannot easily enforce covenant directly.
    2. However, did the orignal lessor (in your lease) give an 'enforcement' covenant in favour of the orignal lessee?
    3. If so, you can compel current L to enforce against the child-equipped leaseholders.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Thanks for the reply Jeffrey.

      I am not sure i fully understand.

      1. I am just a leaseholder.

      2. I am the first person to own the lease on my flat. I dont understand your point regarding the original lessor.

      I assumed as a leaseholder i would complain to the freeholder or the management co .

      thanks

      Comment


        #4
        Here it is in my best lay language. Using your legal relationship with the lessor/freeholder as defined by the lease, you can make the lessor remedy lease breaches against the other lessee.

        Comment


          #5
          Thanks Poppy. Hopefully it wont come to that but i wanted to fully understand my position.

          Comment


            #6
            Originally posted by gins twin View Post

            My concern is i am on the ground floor and have original floorboards throughout . If i force my neighbours to carpet will i have to do the same even though i am on the ground floor and clearly footsteps are not an issue?
            Noise can also travel upwards through the air. Obviously, it's less intrusive than impact noise but there's the potential for noise issues if your ceiling/upstairs floor are not well insulated against noise transmission.

            Comment


              #7
              Old mansion buildings were previously built without much understanding of noise insulation problems and in days of single family occupation when common use of carpets would have lessened the impact of noise from bare floor boards.
              It seems the mansion conversion from single family occupation into separate flats has failed to deal with noise transmission from today's preferance for bare wood floors. So to cure the noise problem, you may have to consider increasing the thickness of the ceiling employing noise absorbent materials.

              Comment


                #8
                Originally posted by Poppy View Post
                Here it is in my best lay language. Using your legal relationship with the lessor/freeholder as defined by the lease, you can make the lessor remedy lease breaches against the other lessee.
                ...if, in the lease, the lessor covenated with you to enforce other lessees' covenants at your request/cost.
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment

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