Noise - sound insulation responsibilty: Freeholder / Lessee

[Catley]

I have 2 queries in separate posts. This second one is about noise and whether I am being a nuisance or living a normal life?

I have owned the leasehold of a 3bed, first floor plus loft conversion flat in a victorian converted house for just over a year. The Freeholder lives downstairs. The house was divided in 1956, with separate front doors.
I have 2 lodgers living with me. We are all 9-5 professionals in our mid-20s.

We are not a party household by any means - I like my place to be kept chilled, especially Mon-Fri. At weekends, both of my lodgers are regularly away, and I will occassionally have friends over (no more than 5/6 at a time!!!). We haven't had a single house party in the year I been here.

Issue: Freeholder has spoken to me previously about noise. This included - noise outside the front late at night when we return home or people are leaving (their bedroom is on the front of the house).
Footsteps (we have stripped wooden flooring in the bedrooms only).
Doors slamming (the front door is next to their bedroom).
Loud talking
Dropping things on the floor
General 'crashing and banging' (yet to clarify!)

Although I don't deem these all to be unreasonable (some are standard living noise), I have taken the following steps:
Moved my living and dining room into the loft conversion!!
House rules, signed by both lodgers and myself. Including -
Minimum noise when outside the property after 11pm.
Close doors quietly.
No excessive noise on stairs / hallway / landing after 11pm.
No shoes to be worn on wooden flooring.
Multiple guests - use loft living space or kitchen (situated over their kitchen) after 11pm.

I have not once mentioned the following to them, as I would perceive them as general living noise and have learnt to accept them:
Their TV keeps me awake some nights as my bedroom is over their living room.
My lodger wears earplugs as the snoring from downstairs is highly audible!

They have now asked me to pay upwards to £5,000 to get sound insulation as our living noise is a nuisance.

Can they enforce this after I have taken other steps to prevent noise?
Can I refuse - should they not get it on their ceiling?

Any help is appreciated - I don't have £5k to spend, and I don't want to fight with my neighbours about what is deemed 'reasonable'. I have made the effort to appease this situation and I would rather have a win-win result rather than a win-lose!

[jeffrey]

The onus of proof is on the freeholders. They'd have to prove (balance of probabilities) that you are:
a. not merely noisy; but also
b. in breach of a clearly-defined covenant in the lease. Unless they can prove it, you're OK.

[Catley]

Thank you! Are there any official sites I should seek further advice from?

There is nothing in the lease that states I need carpets etc. Also it only states: "Not to do or permit to be done.... anything which may be or grow to be a nuisance to the Landlord..."
"Not to permit music or singing..... in the demised premises between the hours of midnight and seven am so as to be audible outside the demised premises"

"outside" - to clarify, does this mean audible on the street / garden / surrounding areas... OR does it include audible from within their flat?

Really appreciate your responses to both my posts, Thanks Jeffrey

[jeffrey]

"Not to permit music or singing..... in the demised premises between the hours of midnight and seven am so as to be audible outside the demised premises"

"outside" - to clarify, does this mean audible on the street / garden / surrounding areas... OR does it include audible from within their flat?
'Outside' means anywhere within the freehold land/buildings (inc. gardens) except within the demised premises.
Clearly, places beyond the freehold land/buildings (e.g. public highway) cannot have the covenant's benefit.

[Poppy]

In my opinion, houses converted to flats that then do not have carpeted floorboards is a very unfriendly idea. Have you considered underlaying and carpeting the property? Hopefully voices should echo less and dropping things on the floor would be unheard by the occupants below.

I note you say you try to produce no excessive noise after 11pm, but does your lease actually say no noise to be heard between certain times?

If you believe that your neighbour/freeholder has gone to bed when you return to the property, it would be a neighbourly idea not to talk/laught/burp until you are inside your flat.

I can see that you are trying to minimise disturbance, but what more can you do that doesn't completely cramp your style and keeps your freeholder happy?

I suppose I now know why your freeholder objects to your lodgers, where many other freeholders would not.

[Catley]

There is nothing that states NO noise.

I am reluctant to carpet, as it could reduce value and the flooring is one of the things I fell in love with! However if needs must....

When we are returning home from a night out (out to party, home to chill!), I have explicitly asked for no noise or conversation etc until we are inside and up the stairs. We've stuck to this, however yesterday I was asked to get cabs to drop us further down the street as they can hear the doors shut.... too far?

Really difficult one, but I'm not sure there is anything else I can do without compromising my lifestyle. The old lady on the other side of the semi hasn't complained once - I asked her about noise levels and she said there was nothing excessive.

Will see what is discussed on Saturday!