soundproofing and the law

[elizabeth532]

HI

I wondered if anyone could advise me. I live in a conversion basement flat and our upstairs neighbours recently moved in. They ripped up the carpet and layed a wooden floor without putting soundproofing in. Initially we tried to live with it but we can hear every movement in their flat even when they walk around without shoes on.

We own our flat as they do and are both leaseholders. The lease says that if ther isn't adequate soundproofing then all floors (apart from kitchen and bathroom) should be carpetted. We have sent an email to our neighbours politely asking them if they will do something aout this but they seem reluctant to want to take up their newly fitted floorboards.

What are our rights? Are they responsible for paying for soundproofing? And if they don't comply with our request do we get a solicitor?

If anyone has advise it would be very much appreciated

thanks

E

[Nimrod]

Elizabeth,

Neighbours, who would have them? Huh!

You can't live with them but you'd certainly be happy to live without them.

Plainly the first step is to speak to your neighbours and share your pain and hope that they will do something about it. In a sense you've done this already and your cry for help has fallen on deaf ears.

It seems to me that you're next call is to your freeholder and give him an ear ache that the terms of the lease are being breached and insist that he enforce them.

Your lease probably also includes a term that gives you a right to quiet enjoyment. Again something you could point out to the freeholder.

In the event that this doesn't deliver a result then sadly you will need to seek legal advice.