My neighbours upstairs have bare hardwood floors and thin rugs covering floorboards. This means I get loads of noise, which wakes me in the middle of the night and is quite disturbing and intrusive in the evenings and weekends too.
The lease specifies carpets with underlays must be fitted, and though I have written to the freeholders about this they have done nothing to force them to comply. The occupants are denying they're doing anything wrong, however went quiet when I showed them the lease.
Can I take action against the freeholders because of their negligence, or is it just a case of chasing them up until they do something ?
I would be very grateful if somebody else who has had this problem could give me some advice, as this is really starting to have a bad affect on me.
2006-09-14 03:22:47 · 11 answers · asked by andrew g 3 in Home & Garden ➔ Other - Home & Garden
Am I entitled to withhold ground rent, management fee and other sundries from the freeholders if they do nothing about this ?
2006-09-14 03:35:11 · update #1
Move = sell flat, not an option. Why do so many people recommend giving in to these morons ?
2006-09-14 04:24:23 · update #2
to your comments...you are not allowed to withhold any rents or charges just because you feel you have a disagreement with the freeholder or tenant above.
If you're thinking of going down a legal route then make sure you stay squeaky clean. A freeholder would love you to withhold payment and become in breach of contract, they could just terminate your lease then.
You also cannot force then to uphold a contract they have with the tenant above you. If its a crimnal offence (not ) then you would involve the police. If its contractual ( it is ) then its between the signatories, you're a 3rd party and have no say in it I'm afraid,
You're contract does not say "the freeholder agrees to enforce all other contracts"
Sorry, but thats it, you could try CAB but I don't hold out much hope.
Sympathise...I don't think I could live in close proximity to others like in flats etc.
2006-09-14 05:38:46 · answer #1 · answered by Michael H 7 · 0⤊ 0⤋
You can always go down the 'enviromental health' route. Contact them and then you need to keep a diary with times dates etc. But also I would think you can do something in Crown Court to ensure the lease agreement is upheld. Or why not advise the owners of the lease that you won't pay maintenance or ground rent etc if tehy don't sort something out.
2006-09-14 03:31:58 · answer #2 · answered by maidmaza 1 · 0⤊ 0⤋
i'm a uk postman, and that i used to artwork nights in a sorting workplace (6pm or 10pm to 6am), till now working deliveries, which nevertheless demands identifying to purchase up at 3.30am. i be attentive to precisely what you're feeling. I advise ear plugs. while you're in rented lodging, make a criticism on your landlord, informing him which you have already tried chatting with them. additionally, contained in the united kingdom, we've this unusual theory called "Anti-Social Behaviour". The police can substitute into in touch if every person engages in interest that isn't be thoroughly unlawful, yet is unfavorable to the community. i don't be attentive to precisely what powers that they had have (in all probability help you with a civil case, particularly than a criminal one), yet a knock on the door from a policeman would be sufficient to scare them into showing some know. I used to have neighbours who began to hold backyard events in summer time on Friday nights, which now and back would be merely ending whilst i substitute into leaving for my early Saturday shifts. After 2 or 3 of those, i attempted few form words and have been given nowhere. i substitute into labelled a grumpy previous spoilsport and advised to get a existence, so I phoned the police. The kinfolk have been particularly sheepish after this and that i had no added problems. They moved their events to Saturday nights and would question me till now (I worked some early sundays)
2016-09-30 22:57:34 · answer #3 · answered by Anonymous · 0⤊ 0⤋
are they playing loud music until the early hours, if so get in touch with enviromental health noise abatement team, if not get legal advice about your rights and make a claim against the freeholders through small claims court
2006-09-15 22:24:31 · answer #4 · answered by magiclady2007 6 · 1⤊ 0⤋
If you have written proof that there is supposed to be an underlay then YES, you can take action. Because the noise is keeping you awake at night and you are suffering at your job. You CAN take action and you SHOULD, quickly before you lose anymore sleep! I know exactly how bad noisy neighbours are! Good Luck!
2006-09-14 03:27:05 · answer #5 · answered by Anonymous · 0⤊ 1⤋
if i were you i would go to my landlord and tell them that if they dont do anything about the person upstairs (noise issues) then you will start paying the rent due to him in court. That way he will be tied up with court procedures till he settles your noise problem. My guess is that he will get it settled quite quickly.
2006-09-14 03:26:29 · answer #6 · answered by gypsy 5 · 0⤊ 0⤋
The really best answer is to move. Even new thick rugs will only help a little bit.
2006-09-14 03:50:55 · answer #7 · answered by samssculptures 5 · 0⤊ 0⤋
you have done the right thing but I would go to the citizens advise and see what they suggest
2006-09-15 11:00:10 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Move.
2006-09-14 03:27:29 · answer #9 · answered by a_poor_misguided_soul 5 · 0⤊ 0⤋
2 words .... environmental health!!
2006-09-19 00:18:41 · answer #10 · answered by Anonymous · 0⤊ 0⤋