Sound proofing

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    Sound proofing

    I have posted before regarding a landlord taxation issue and now have another query from a tenants perspective. I received really informative advice regarding the tax issue and hence am hoping that you may be able to also help with this problem.

    My husband and I rented a flat 2 months ago in a private block. The flat is on the first floor. When we went to view the flat we asked how the neighbours were and if there were any problems. We were specifically told that there were no issues. On the day we moved in the neighbour in the flat directly below came to introduce himself and basically tell us the old tenants had moved out due to the downstairs neighbour constantly complaining to the landlord about the noise the previous tenants were making. The flat has wooden floors.

    We don't keep anti social hours ie. are in bed by 11pm, don't have visitors around late at night, only run our washing machine/hoover after 10am on weekends and have so far had no complaints to us. However it seems that whilst the previous tenants were still living here the downstairs neighbour started a complaint to the management company and the management company are now trying to get the landlord to soundproof the whole flat. In effect this would involve ripping up all the floorboards and putting sounds proof material down.

    From what I have read on these forums this cannot be classed as emergency work and it interferes with our 'quiet enjoyment' of the property.

    Am I right to think that we can request this work not be carried out.?

    #2
    Originally posted by ChocolateEclair View Post
    However it seems that whilst the previous tenants were still living here the downstairs neighbour started a complaint to the management company and the management company are now trying to get the landlord to soundproof the whole flat. In effect this would involve ripping up all the floorboards and putting sounds proof material down.
    Not necessarily; installing fitted carpet with good quality underlay may be sufficient. Many leases specify that there must be fitted carpets in all rooms except the kitchen & bathroom, and that might be the case here.

    From what I have read on these forums this cannot be classed as emergency work and it interferes with our 'quiet enjoyment' of the property.

    Am I right to think that we can request this work not be carried out.?
    Yes; however, if the leaseholder (your LL) is forced by the freeholder to comply with a breach of his leasehold covenant, he'll have to achieve this somehow. If you don't allow the work, then he may seek a court order to carry out the work (no idea whether this would succeed - what does it say in your TA about LL repairs?) Alternatively, he may evict you at the end of your fixed term.

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