I have lived in my private flat for 27 years where there is a policy in place forbidding any noise between 10pm and 9am.
A couple of years ago a new tenant purchased a flat on the floor below, not immediately below me. She moved here from a rented flat where she constantly complained about noise as she is an Auxiliary in the local Hospital and is required do some nights.
She constantly complains about the slightest noise, I have in fact had her hammering on my door at 12 noon screaming at me to stop hoovering because she was on nights. She did the same to the couple below her, this was at 10am, again because of night shift.
It has gone from bad to worse, complaining about TVs even her next door neighbour’s washing machine and he hasn’t even got one!
The last straw came this morning when I was in my bedroom (her kitchen is below this room) drying my hair and she was banging on her ceiling because of the noise. Yes it was 7am because I had an early appointment but surely a hairdryer would not come under the noise policy as people must prepare for work.
I believe she has been told by a member of the Committee that she accepted the Lease when she purchased the Flat, she’s even tried to have that changed, and she stands on the landing listening for the slightest sound.
I am retired now and consequently spend more time at home and it’s honestly like walking on eggshells, I don’t know which way to turn.
Advice from Kavita Bharti, LEASE
The committee member is correct when they say that when your neighbour purchased the lease she accepted all the terms that go with it. As your lease specifically states that there shall be no noise between 10pm – 9am, it would make sense to think that the flats can be used in their usual manner throughout the rest of the day and certain degree of noise will be heard.
It may be worth seeing if the lease requires any form of noise deadening material to be laid down as there is a possibility that this may not have been adhered to. This may be the reason she is experiencing such disturbance.
Furthermore, this neighbour may be in breach of her lease by causing a nuisance to you and the other leaseholders. Most leases contain covenants not to cause a nuisance or annoyance. If it is clear the downstairs flat is in breach then I would advise you contact the freeholder to see if they are willing to take action against this flat. Sometimes it can be a problem trying to make the freeholder take action. If this is the case, check the lease to see if there is a clause, which allows you to force the freeholder to take action against a breaching leaseholder. This is known as a mutual enforceability clause. It is possible to force a freeholder to comply with this clause by making an application to the County Court for enforcement. Be aware that it is likely that you would be responsible for any costs associated with such an application under the terms of the lease.
In addition to this I would advise that you contact the local authority to see if there is any way they can intervene in this case. It is also advisable to try to deal with the matter as amicably as possible. Here, at the Leasehold Advisory Service, we have recently started a mediation service. Mediation is a way to bring two parties together to talk in the presence of a neutral person with a view to reaching an agreement. Further information regarding mediation can be found on the LEASE website.
