UK Landlord Forum / Life

Hi all,

I have a situation whereby the floorboards in the flat above produce an inordinately loud sound which wakes me up throughout the night. I don't have an over sensitivity to sounds although I admit I may be somewhat of a light sleeper. In any event, the sound produced is not that of your typical creaky floorboard; this is extremely loud with seemingly various problematic areas. I have spoken to the occupants in the flat above who come across as reasonable in person and over text but unfortunately we have massively different schedules. They finish work at 1-2am and might be pottering around until 4am+. I tend to be awake at around 6am for work. I have pretty much exhauated my diplomacy with them in terms of them being as considerate as they can be.

This issue is resulting in much sleep deprivation which is having an impact on my health and ability to perform my work optimally.

I have explained the problem to the agent (landlord owns both flats) who has told me that the landlord flatly refused my request and said that not much can be done to resolve the issue. To my knowledge, there are various solutions to this problem, albeit potentially costly ones.

The agency staff have a tendency to bring up the fact that it is a grade 2 listed building citing an inability to make such changes in any event.

I have contacted the local council to report the landlord for their refusal to carry out maintenance but even the advisor who took the initial call seemed to have a bleak view when she took notes stating "there's not much we could probably do about that". A case handler has been assigned, but I'm yet to have meaningful contact.

Am I doomed to suffer for the next 11 months? Is the only solution to hope they find someone to replace me (if they even agree to this)? Can a landlord be compelled to rectify the floorboards in the above flat?

I would appreciate any expertise/insight.

Thanks all.

Unless the landlord is in breach of a condition of the lease, there is nothing you can do to compel the landlord to make any change at all. And as the landlord is the only person (as the lessee of your flat) who could raise the issue with the freeholder, that doesn;t sound possible.

The landlord may agree to release you from your contract, but they don't have to (and many won't).

Realistically, I'd look at earplugs or ambient noise generators.

Thanks.

So looks like I'm wasting my time with the council complaint. That's a major blow.

If it makes any difference at all, the landlord is also the freeholder of the building, incidentally also the owner of the letting agency.

Quote from: Aurelius647 on September 14, 2024, 05:19:51 PMA case handler has been assigned, but I'm yet to have meaningful contact.

If things go down in the same way as loud music or persistent banging of doors or dog barking complaints then you'd eventually be given access to a phone app. where you can record the noises as they happen and submit them online. The Case Handler will then review these snippets - and they have smarts that can allow them to hear the noises as the person there would hear them - not as they've recorded (which always sounds nowhere near as bad). The app. has GPS permissions so you can't go down to the bus station and record noise there.

If there's anything to be done... in the somewhat subjective view of the Case Handler, then they would say so and pay a visit. They don't just tell the person you're making noise, they identify the issues and provide thoughtful possible resolutions.

The question is around whether someone just "living their life" is an actual nuisance. I'd surmise they're not. It's just not the same scenario. If the boards were bare as a trendy-living thing, then area rugs and carpeting can have a positive effect, but you need to control what you can control - I have heard empirical good reviews of the Loop Quiet 2 Ear Plugs.

Available on Amazon.

This comes under the heading of lifestyle noise, not covered by any noise laws. I sold up and moved here due to very noisy neighbours who were running both a day nursery and a carpentry business from their home and garden. Their poor dog was barking in the garden all night, keeping me awake and angry. The anger will also make the noise seem worse, as your nerves are on edge. 
 

Apart from earplugs, I can only suggest moving to another room to sleep if the noise is worse over your bedroom. As I understand it the law is about decibel levels between the hours of 11pm- 7am. Creaking boards would be most unlikely to reach the required levels or duration.
   

I agree about the anger making things worse. I'm trying to find some peace with my situation so it doesn't consume me. I don't want to be miserable thinking about this every moment of the day. I'll be on the case with the ear plugs, maybe they can take the edge of the cacophony of moving timber.

I'll proceed with the council but shift my attention to the tenants above.

LL has agreed to remarket flat through agency. Time will tell how incentivised they'll be to crack on with viewings.

Thanks all for the advice. I'll update.

Since you've talked to the people above and the landlord won't help, maybe try a white noise machine? It could help cover up the loud noises.

Also, if it's possible, think about getting some rugs or something to help with the sound