NOISE - REGULATIONS

[HELNHIGHWATER]

I AM A TENANT IN A NEW FLAT CONVERSION. THE HOUSE HAS JUST BEEN CONVERTED INTO 2 FLATS, UP STAIRS AND DOWN STAIRS. WE ARE ON THE GROUND FLOOR AND CAN HEAR EVERYTHING THAT THE UP STAIRS TENANT IS DOING. THE TENANT UP STAIRS SAYS THAT HER LIVING ROOM IS RIGHT OVER OUR bedroon AND SHE HAS LAMINATE FLOORING, EVERY FOOTSTEP THAT SHE MAKES UP STAIRS IS REALLY LOUD AS WELL AS SPEAKING AND MUSIC ETC, WE CAN NOT GET TO SLEEP IF SHE DECIDES TO STAY UP LATE IN HER LIVING ROOM AT NIGHT BECAUSE WE CAN HEAR EVERYTHING. ARE YOU ALLOWED TO PUT A LIVING ROOM WITH LAMINATE FLOORING ABOVE A BEDROOM?
OUR NEXT DOOR NEIGHBOUR ALSO SAYS THAT HE CAN HEAR EVERYTHING THE UPSTAIRS TENANT IS DOING IN HIS HOUSE, AND HES NOT GETTING MUCH SLEEP EITHER. DOES ANYONE KNOW WHAT THE regualtions ARE FOR THIS SORT OF THING? I HAVE TRIED SPEAKING TO OUR LAND LADY BUT SHE IS NOT INTERESTED AND BASICALLY TOLD ME TO SORT IT ALL OUT FOR HER. I HAVE A BABY ON THE WAY AND NEED MY SLEEP...WHAT CAN I DO?

 

[^woody^]

There are no regulations relating to the location of rooms in this context.

Assuming the conversion was done to the required standards, then thats it from that angle. But you could check with the local Building Control office to ensure it was converted correctly

However, this is a Landlord and Tenant issue, and there are two options for you.

1. Take out an action under section 11 Landlord and Tenant Act alleging the property is defective under this area of law. You may be able to do this via a 'no win, no fee' case. This will require an expert surveyor to agree that there is a noise issue

2. Speak to you local council Environmental Health section and make a claim under Statutory Nuisance legislation (section 79 EPA 1990 if you want to google). This will let you determine if the noise is a problem, and if it is will require the landlord or the tenant to abate the nuisance within. 21 days. The council should investigate and take action for free or you may get legal aid for a private action.

But be aware that noise is a subjective issue, and laminate floor does cause more noise from the room to escape, but is not a cause for you to complain in itself.

The other option is to ask the tenant above to fit a carpet

 

[jeds]

All newly converted dwellings should be sound tested as part of building regulation compliance. A test certificate should have been supplied to building control on completion.

Unfortunately you have no way of knowing if this was done. Unlike planning issues, building control is a private matter between the owner and building control. In theory BC should not reveal to you the details of the application and compliance - but if you ask them they may well tell you anyway so worth a shot.

If the conversion was carried out to the correct standard you should not be able to hear normal speach or footsteps from a room above - even with laminate flooring. I have designed and completed dozens of conversions under the new regs and our own simplified test (somebody shouting in the adjoining room) shows us that you only very loud shouting can be heard - and even then it's difficult to make out what is actually being shouted.

Problem is, what are you going to be able to do about it? If you cause problems, the LL will most likely just serve you notice to quit and move somebody else in. If (by some miracle) the LL put his hands up and decides to cure the problem that will mean big disruption and you will have to be decanted for the works. There's no way a LL is going to pay for that so, again, you will probably be given notice to quit.

PS - turn your caps lock off. Some people consider typing in caps to be bad manners.

 

[^woody^]

The OP could inform building control of her concerns and they would be obligated to check their records. Also, whilst not every detail of the application would be disclosed, they could say if the conversion conforms, or not as the OP does have an interest as a tenant.

The OP should not be discouraged from causing a fuss, and unless the Tenancy Agreement is a short term let or has some uncommon terms, then the landlord can not just serve a notice to quit without a good reason - and the landlord would have to convince a judge that the tenancy should be given up based on one of several specific reasons. Enquiring about the sound insulation is not one of them.

If the OP takes one of the actions I mentioned, then the landlord will have to rectify any defects in the structure if they are deemed below standard - it will not be an option. And if a decant is required, then that will be at the landlords expense