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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7618
Experience:  BA (Hons), PgDip, Practising Solicitor
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i live in a very noisey apartment, badly built ,what rights

Resolved Question:

i live in a very noisey apartment, badly built ,what rights do i have
Submitted: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. Do you own the property?
2. Where is the noise coming from>
Kind regards.
Customer: replied 5 years ago.
hi, yes iown the property.
the noise is coming from the two apartments below mine
Expert:  Thomas replied 5 years ago.

Would you characterise the noise as coming from anti-social activities, or simply day to day living and poor insulation?

How old is the apartment, when was it built?

Customer: replied 5 years ago.
day to day living and poor insulation, the apartment was built in 2010
Expert:  Thomas replied 5 years ago.

Have you spoken to your conveyancing solicitor about this yet?

Is there any clause in the lease dealing with the standard of insulation of the flats?

Customer: replied 5 years ago.
no ihave not spoke to her yet.
i am nt sure if there is a clause in the lease about isulation,but inthe building specs it was supposed to be a 9 inch concrete slab and a floating floor, with a suspendede ceiling underneath concrete
Expert:  Thomas replied 5 years ago.

Thanks for your reply.

You really need to contact your conveyancing solicitor to ask for them to send you details of the literature which passed between them and the seller’s solicitor at the time of purchase. This will confirm the standards to which the building should have been built to.
The standard you mention is reasonably common.
If it is the case that the building was not actually built to the specs/standards which it was contractually bound to be built to then you will have a claim against the seller for breach of contract. Similaly, the other properties will as well so you may choose to combine resources after your initial enquiries have revealed whether or not there is a breach to make a claim against the seller.
You may also seek to check with your solicitor if your home is covered by a NHBC certificate and then whether such defect is clamable under the certificate as part of the insurance policy in place following the issuance of the certificate itself.
If the apartment has not been built to the standard in the contract then you have a claim.
If you have an NHBC certificate then you may be able to claim under this.

You may also have a look through your lease to see if there is a clause anywhere confirming the type of insulation that the apartment should have (this will also apply to other apartments. This may state it as part of the landlord’s covenants and thus you would be able to enforce this against them.

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Kind regards,

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