Breach of lease

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    Breach of lease

    Hi everyone, I live in a converted flat. There are 8 flats in the house. The owners also own a share of the freehold via a limited company. I am a director of the ltd company along with another leaseholder, Y, and together we manage the property. Y was only appointed recently following resignation of X. X owns the property upstairs from myself and he had removed his carpet and underlay and had laminate floors laid. The lease contains the usual clauses about keeping floors covered with carpet and underlay and not causing annoyance or nuisance to other neighbours. Over time the wooden floors caused tremendous noise nuisance and eventually I asked him to recarpet the floors which after a great deal of argument and upset, he did. However, he has since continued to cause noise nuisance by having his TV on full blast complete with surround sound and sub woofer, leaving his washing machine/dryer on and stomping on the floor (I can tell the difference between normal footfall and stomping) and on many occasions these noises have taken place 11pm to 7am, disturbing my sleep. My solicitor has written to him about the breach of the lease (although it is now remedied) and noise nuisance. In some ways, his actions now feel like low level harassment on the basis of 'I have done what you asked by recarpeting my floors, so I can make any other noise I wish'. I know that if the sound proofing is poor and the noises are part of day to day living, that I cannot complain, but I am specifically talking about loud noises especially at night and early in the morning. I have spent a long time thinking about my options and researching various case law/statute/etc, but one avenue, if the noise continues, will be to sue for civil nuisance for the time when the wooden floors were down and he caused a lot of inconvenience. Does anyone think that this is possible, given sufficient evidence?

    #2
    Originally posted by Bolly View Post
    Hi everyone, I live in a converted flat. There are 8 flats in the house. The owners also own a share of the freehold via a limited company. I am a director of the ltd company along with another leaseholder, Y, and together we manage the property. Y was only appointed recently following resignation of X. X owns the property upstairs from myself and he had removed his carpet and underlay and had laminate floors laid. The lease contains the usual clauses about keeping floors covered with carpet and underlay and not causing annoyance or nuisance to other neighbours. Over time the wooden floors caused tremendous noise nuisance and eventually I asked him to recarpet the floors which after a great deal of argument and upset, he did. However, he has since continued to cause noise nuisance by having his TV on full blast complete with surround sound and sub woofer, leaving his washing machine/dryer on and stomping on the floor (I can tell the difference between normal footfall and stomping) and on many occasions these noises have taken place 11pm to 7am, disturbing my sleep. My solicitor has written to him about the breach of the lease (although it is now remedied) and noise nuisance. In some ways, his actions now feel like low level harassment on the basis of 'I have done what you asked by recarpeting my floors, so I can make any other noise I wish'. I know that if the sound proofing is poor and the noises are part of day to day living, that I cannot complain, but I am specifically talking about loud noises especially at night and early in the morning. I have spent a long time thinking about my options and researching various case law/statute/etc, but one avenue, if the noise continues, will be to sue for civil nuisance for the time when the wooden floors were down and he caused a lot of inconvenience. Does anyone think that this is possible, given sufficient evidence?
    Is this regarding the noise that was made or is still being made ?

    Andy
    Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

    I do not accept any liability to you in relation to the advice given.

    It is always recommended you seek further advice from a solicitor or legal expert.

    Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

    Comment


      #3
      I sympathise... Noise is notoriously difficult to resolve.

      Read your lease carefully and document every breach. There may be a clause saying tv/radio must not be heard outside the flat or something similar. Often a neighbour like that will do other things in breach of lease to annoy. The usual defence to a noise action is that it's normal noise, so you need to show it's not. I suggest getting hold of a noise meter to measure the absolute db levels (£200+). Record the background level when the neighbours out, then add the readings to your log, especially late at night. I've never found any legislative documentation to back this up, but several environmental health websites mention 10db above the background noise level as being what they consider a nuisance.

      Bear in mind that once you make a noise complaint, your flat becomes unsaleable, at least until the issue is resolved. It may be better to move...!
      I am not a solicitor, I am a lessee/shareholder in conflict with the management. Please seek your own legal advice before relying on my comments in this forum!

      Comment


        #4
        Tell your neighbour that if he doesn't pack up making a noise, you will move out and let your flat to West Indians with a bigger hifi than his!
        To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

        Comment


          #5
          Breach of lease

          Thanks Andy DD. My question is about ongoing noise really....

          Comment

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