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I share the freehold with the owner of the flat downstairs.

Customer Question
Hello. I share the...

Hello. I share the freehold with the owner of the flat downstairs. She's now rented it out to two tenants. Like her, they are unable to shut any doors quietly (from the front door to the patio doors at the back). The smell from the kitchen travels from the back of the house to the front, through the communal hallway and up into my flat, which can stink of curry and garlic (and stale curry and garlic in the morning). They may also smoke whilst passing through the communal hallway. I broached the owner about the noise and smell when she moved in - and recently her tenants also - but she poo-poos my complaints. In our leases, it states that no one can do anything that causes or could cause a nuisance to the other flat. Noise in the communal hallway has to be kept to a minimum between 11pm and 7am.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I've emailed her over the last 4 12 years about the noise. My electrician checked her ceilings to see if there were any cracks allowing smells to access my flat but there weren't any. I've left a note for the tenants about the noise and smell but that did not alter anything. The next day or so I wrote Shut Doors Quietly on the communal hallway wall as I was so incensed that the noise didn't stop. I emailed the owner again but she just said there's no problem. I don't know where to begin. I brace myself when I hear a key in the lock or a door open!

Lawyer's Assistant: Where is the flat located?

It's a two storey converted terraced house. I am on the first floor.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that's it, thank you.

Submitted: 2 months ago.Category: UK Law
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Answered in 11 hours by:
5/31/2018
Solicitor: JimLawyer, Solicitor replied 2 months ago
JimLawyer
JimLawyer, Solicitor
Category: UK Law
Satisfied Customers: 847
Experience: Senior Associate Solicitor
Verified
Hello, thanks for the question.It seems that the terms of the lease have been broken in allowing the nuisance and for the nuisance to continue.You have the option of writing to the other freeholder and warning them of this and that if it persists, you can apply to the county court for an order and seek your costs as well of doing so.I could help you draft the letter to them and it may have the desired effect. If it doesn’t though, I would think about obtaining an order to force them to stop continuing with the nuisance as they keep breaching the lease.Let me know if I can assist further. If you can please give me a star rating so that JustAnswer credits me, I can then offer free of charge follow up Q&A’s for youKind regardsJim
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