11:40 AM, 8th August 2016, About 5 years ago 3
I’m a landlord myself, but this is a situation with my own home in Newham in London desperately needed someone’s help. The next door neighbour flat renovated after a floor I reported, and put in new hardwood type of floorings.
In Feb, the flat was let out to a family with a kid and I had been having terrible and continuous noises from their bare foot heavy walking, dropping heavy items to floor and the worst of them all, the child’s jumping, running and screaming ever since.
I wrote to the tenants, management company and the flat owner, the tenants lied initially about their making noise to the management company and then the management company said they didn’t want to get involved because it’s a neighbour dispute. They then said they didn’t want to take action, because the tenants said they would move out at July. July came and went, the tenants lied about moving out by July and kept staying.
I contacted Newham council in London many times by email and phone calls, they sent out their standard letters to the tenants twice, then nothing else happened. I called the flat owner last Friday, he was full of abusive words and said he had asked the tenants to stay as long as possible to keep making noise!
The tenants themselves didn’t have the tiniest amount of consideration even by wearing slippers or having a rug to reduce the noises for four months I had been complaining, and the impact on my and my family’s daily living and sleep were terribly bad.
I went through the lease of the flats and the next door flat owner’s breaches of lease are clear as below and the flat owner doesn’t even have Freeholder’s permit to sublet nor Newham council’s landlord license to legally let out the flat:
8(a) not to assign or transfer the whole of the Demised Premises without the prior written consent of the Landlord which shall not be unreasonable withheld.
The Fifth Schedule
1(a) Not to do or permit or suffer to be done in the Apartment and/or in the Building anything which may cause damage or inconvenience or be or become a nuisance or annoyance to the Landlord or to the lessee or occupier of any other flat or part of the Building or to any person lawfully in the Building or in the neighbourhood generally (and the generality of this paragraph shall not be restricted by the remaining paragraphs of this Schedule)
8(a) To ensure that all guests and other invitees or licensees of the Tenant while in the Building confirm to the stipulations and regulations contained or referred to in this Schedule
11. To keep the floors of the Apartment (apart from the kitchen floor and (if applicable) any balcony floor) covered with carpet or some other suitable sound deadening material or utilising some suitable sound deadening mechanism
I felt I almost ran out of places for help, neither management company or council would step in. Is there anything effective that I can do other than hiring a solicitor for legal action against the next door flat owner?
If so, can someone help further on the legal action please?
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