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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.
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