Thank you for the question. It is my pleasure to help you with this today.
Please bear with me if I ask for more information.
How long have the people been in the property downstairs?
Do they know that you fitted the new floor? (That is really important believe it or not!)
I appreciate that there may not be a clause that states no laminate, but is there a clause which says that the floor must be carpeted?
Have you ever had tenants in this property before?
Hi, I believe the downstairs tenants have been in the property a while, certainly over 5 years.
They were aware we had renovated the property but they are not party to what was done. I had said I replaced, but have not stated wholly, just replaced.
I cannot recall whether it said carpet must be used, just no laminate I think (I don't have the lease with me) but I can check if it helps.
No this is my first Buy to let, the tenants moved in on the 05/10/2013
I've just remembered something, not sure if this helps the cause. When we were renovating, the downstairs tenants asked to come in to the property to gain access to teh ceiling, therefore we allowed them to take up the floor so that they could fix a light to the ceiling tio minimise damage for them so most liekly we could argue that they were aware.
Am I clutching at straws !
Youneed to check the lease. It is relatively unusual for it to say "no laminate."But it is extremely common for it to say that the floors must be carpeted.
Ifthat is the case, whilst I appreciate that you replace like-for-like, you arein breach of the terms of the lease if you do not put carpet down.
Iappreciate how annoying that might be for you, but I can only tell you thesituation.
I canprobably tell you what has happened with the neighbours downstairs. They hadbecome used to all the previous noise of the previous tenant. They know thatyou have been undertaking renovations and they probably know that you havelaminate flooring down even if you have not told them specifically. In theirmind, if they know it is different, they will be alert to the fact.
Theyhad also been used to having no one living in the upstairs property.
Now,they have become "aware" and are actually listening for every single littlenoise.
So,what can they do?
Withregard to what noise is acceptable and what noise is not, generally, any noise,such as music or television etc should not be audible outside the property.That does not apply to "the noise of life". If therefore this is just thenormal noise of life in an adjoining property which can be heard through thewalls or the floor and not the sounds of dancing or a party, then it is notactionable by them either in nuisance or for breach of quiet enjoyment in theterms of the lease.
Theyare not entitled to live in absolute silence from the outside world.
Doesthat answer the question? Can I answer any specific points for you?
Thanks, XXXXX XXXXX check the lease again tonight to make sure. I just hope it doesn't mention carpet! I will stress again to them that I have now put rugs in all the rooms, which will minimise the noise and hope that they appreciate that I am trying to be a good landlord and not un-reasonable.
Thanks for your answers, it has been helpful.
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).