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toottoot
27-03-2006, 16:06 PM
Hello all, we have a tennant in a ground floor flat, the upstairs flat is currently being renovated and out tennant is getting fed up with the noise. Generally they are working between the legal hours of 8-6 Mon-Fri and 8-1 on a Sat and nothing on a Sunday. But they are increasingly pushing it eg: hammering at 10pm etc. We have told the tennant to ring the council noise team or ring us and we will do it for her. In the past the council have been good at coming over and checking. Our tennant said we should be doing more about it, but what can we do or should we do? We have spoken to the property developer who apologies everytime, but obviously knows the game well as he knows what he can and can't do. It should stop soon as they have been at it since Jan! Any suggestions?!

Poppy
27-03-2006, 16:34 PM
Are you and the first floor flat owners leaseholders? If so, you should contact the freeholder and tell them of your concerns. Keep any communications on a “let’s get this sorted amicably and quickly” basis. Try to engineer a completion date in writing from both the first floor flat leaseholder and the freeholder.

toottoot
27-03-2006, 17:00 PM
Unfortunately, the freeholder does not give a toss. I think we will just have to placate our tennant as much as poss, after all, we can't stop anyone in adjoining properties doing work!

Ericthelobster
27-03-2006, 17:09 PM
Generally they are working between the legal hours of 8-6 Mon-Fri and 8-1 on a Sat and nothing on a Sunday. But they are increasingly pushing it eg: hammering at 10pm etc.


We have spoken to the property developer who apologies everytime, but obviously knows the game well as he knows what he can and can't do

The above two statements don't follow - if they are hammering at 10pm then that's 4hrs past your cut-off time, ergo, they can't do it!

Certainly keep things amicable if you can, but at the end of the day if he won't play ball you'll have to go to the EHO over it. He'll whinge he has a business to run, etc etc - well so do you: and he's about to cost you a lost tenant, isn't he?

Get your tenant to keep an accurate log of what noise he's making until what time - that will cut much more ice withe the EHO than just a general bleating of 'Oh, he's always at it, till really late'. Should also help you judge for yourself how bad the situation really is, too.

Poppy
27-03-2006, 17:19 PM
OK let’s set the freeholder aside for a minute.

Check your lease. I guess that you and the first floor flat lessee have covenants with each other not to cause nuisance, annoyance and other such wording. Does your lease specifically state what time no noise should be heard coming from the flats?

Have you gone upstairs to find out what works are being carried out? I reiterate that you should communicate your concerns to the freeholder and the lessee. Verbally at first. If you are still not happy after say seven days, write them a letter, point out your rights under the lease.

(PS. You can stop neighbours carrying out works - it would require a court order. Bit drastic.)