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?
i rent my property but upstairs owns the long term lease and/or freehold and owns upstairs.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).