Q&A - Noisy neighbous 

Thank you in advance.  Richard

ANSWER

Noise emanating from wooden flooring is frequently a source of discomfort to lessees in adjoining flats and a major source of friction. Where a lease specifically prohibits wooden flooring and wooden flooring is laid by a lessee in breach of the prohibition then provided there is a landlord’s enforcement covenant in the lease it is open to the management company or freeholder to enforce the covenant and to require the wooden flooring to be removed or covered with suitable sound deadening materials generally good quality carpet and underlay. It would be usual for the managing agent or freeholder to write a very firm letter to the lessee in breach requesting an inspection of the flat and pointing out of the breach. Occasionally these matters can be resolved by agreement where often with the assistance of a surveyor experienced in dealing with noise issues an agreement can be reached as to how the floor should be insulated.  In extreme cases legal action may be taken against the defaulting lessee.

Graham Jaffe, Partner and Katie Cohen, Partner Jaffe Porter Crossisk LLP