Briefly: noisy neighbours due to likely breach of lease by installation of hard flooring. Block of 6 flats, mine is one of the middle ones, noisy neighbours are above me. Tried contacting them, but they ignored all attempts, so I contacted freeholder/management agents (FMA) who spoke to neighbours and reported back to me that they had said there was no noise. FMA told me to contact Council, which I did – and subsequently filled in noise diary and returned it. FMA refused to respond to request regarding whether they had given permission for renovations (noise was prolonged DIY noise and then impact noise from daily living on hard flooring). Neighbours told me today they have carpets everywhere, then became aggressive and threatening as they felt I should have contacted them before contacting anyone else – they ignored the fact I had tried for months whilst they studiously ignored my knocking on their door!
1.Can the FMA reasonably refuse me an answer to the question as to whether they sanctioned the renovations? My understanding is that if they did give permission, then they are also liable for the resulting noise nuisance arising out of that – is this so? They claim landlord/leaseholder confidentiality as reason for not responding to the request, but I don't need detail, just a yes/no on whether they agreed to it.
2.Is it necessary for the freeholder to establish as fact the neighbour's claim that the flat is carpeted?
3.I believe there to be a clause in the lease prohibiting hard flooring, but have no proof of this as my lease copy is from the people I purchased the property from – and I believe the actual lease changed, but the freeholder/management agents have failed to respond to my requests for a copy of it. Whether the clause exists or not, the noise nuisance does, so can you advise me either way what it is I need to do in order to stop, or at the very least, force these people to lessen their noise?
4.What level of noise nuisance needs to be established (and how, e.g. will they need to put recording equipment into my home?) for the Council to take action? I have tried to contact them today regarding the noise diary I sent them as requested several weeks ago, but have yet to hear from them.
The situation has lots more detail, but I have attempted to keep it as brief as possible to the areas I require assistance with.
I would appreciate any relevant statutes/case law to be included if any is relevant/necessary to respond (I'm a BPTC student and am kicking myself for not having taking the housing law module during my LLB!).
Your assistance with this horrid problem will be much appreciated. Thank you.