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Aston Lawyer
Aston Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 9042
Experience:  LLB(HONS) Over 20 years legal experience specialising in Property law and Wills/Estates
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Are property owners of first floor flats allowed to install

Resolved Question:

Are property owners of first floor flats allowed to install wooden floors. They are really loud and a nuisance. I live in London SW18, surely there's a law against it is there, noise pollution maybe?
Submitted: 1 year ago.
Category: UK Law
Expert:  Aston Lawyer replied 1 year ago.

 

H there,

 

Thanks for your enquiry.

 

Could you tell me if you rent your property or if you own the Leasehold interest on a long term Lease?

 

Do you know who owns the Freehold?

 

Thanks

AL

 

 

Customer: replied 1 year ago.

i rent my property but upstairs owns the long term lease and/or freehold and owns upstairs.

Expert:  Aston Lawyer replied 1 year ago.

 

Hi,

 

Thanks for your reply.

 

It would be normal for there to be a condition in a long term Lease that no laminate flooring should be laid or alternatively that "suitable sound deadening materials or carpets" are laid on all floors.

The wording of the Lease for upstairs therefore needs to be studied.

 

If there is such a clause in the Lease, then it would be up to your Landlord to make a complaint to the person upstairs. Your Landlord may not be too keen to do this, so you would have to impress upon him that he in turn is breaching your Tenancy in that you are not experiencing quiet enjoyment of the Flat (which will be an express or implied term of your Tenancy).

 

Failing the above, you can also contact the Environmental Health Officer at your local Council and make a formal complaint concerning the noise levels. If the noise is loud enough, the EHO has the capacity to serve an Abatement Notice requesting that the noise be reduced to an acceptable level.

 

I hope this gives you the legal overview, and if so, I would be grateful if you could leave positive feedback.

 

Kind Regards

AL

 

 

Aston Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 9042
Experience: LLB(HONS) Over 20 years legal experience specialising in Property law and Wills/Estates
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