I live in a first floor flat and there are no floors above me. All the flats are leasehold and built in 1978.
My downstairs neighbour recently renovated their living room, with my living room immediately above, and replaced their ceiling.
The neighbour downstairs told me sand had come down during the works, which another neighbour has since told me was the soundproofing.
They have put up plasterboard which they state is insulated, though this isn’t the same as being soundproofed.
I can now hear every conversation and the bass of the male voice. I never heard this before the works. I even hear it above my TV.
I have spoken to my neighbour many times but he has refused to do any further work. Unfortunately after the last exchange we no longer speak.
Noisy issue: A Daily Mail reader’s downstairs neighbour replaced their ceiling and now there’s no soundproofing
I contacted Citizens Advice who told me this matter would be an issue if I chose to sell up. The local council environmental heath department said they could not help.
I got a local contractor at my expense to check under my floor and there is the old, original glass wool insulation immediately under my floor and then a large gap down to their plasterboard.
I have no way of knowing what quality and properties this plasterboard has except that I know it does not help with soundproofing.
I have been told I could bring a private prosecution against the neighbours, but I cannot afford to do this. I also can’t afford to move. I could soundproof my floor but that would be expensive and logistically difficult.
This is this is causing me great stress. I am at my wits’ end with nowhere to turn. I realise living in flats there will always be some noise, but this is unbearable and at my age I just want to live in peace and quiet.
Jane Denton, of This is Money, replies: Check the terms of the 1978 lease to see if your neighbour downstairs has breached any specific clauses, rules or obligations.
If relevant, check the contract with the management firm involved to see if they can assist.
You may have recourse via a private statutory nuisance claim, but this can be difficult to prove and end up being a costly option to pursue. Do also check your insurance policies to see if legal expenses could be covered if required.
While I know you have affordability constraints, if you do end up moving with the problem still unresolved, you would have to disclose the issue and make prospective buyers aware of it.
Unexpected and unwelcome noise like you are experiencing is distressing. I asked two legal experts to respond in more detail to your question.
Joanne Ellis, a partner and specialist in dispute resolution at Stephensons, says: The starting point for resolving this should be the 1978 lease, as leases for flats typically contain a variety of protections and obligations in respect of neighbours.
It’s important to carefully review the lease to see if your neighbour may be in breach of a specific term—such as those relating to quiet enjoyment, obligations to maintain and repair, or restrictions on alterations that could impact other flats.
The starting point for resolving this should be the 1978 lease, Joanne Ellis says
If a relevant clause can be identified, pointing this out to your neighbour may encourage them to take action to remedy the issue.
There may be a management company involved with the flats. Their contract, agreement, or arrangement should also be reviewed to establish their role and whether they can be required to assist further.
At the very least, the provisions in the lease and the management company’s responsibilities should mean that you are entitled to know what materials were used in the ceiling works, as data protection should not prevent disclosure of non-personal information that directly affects your property.
It is possible that the level of noise you are now experiencing could amount to a legal nuisance.
To pursue this, you would need expert evidence, such as sound recordings, to establish the extent of the problem, which could then support a private nuisance claim seeking an injunction to stop the ongoing disruption.
The noise would need to be significant and confirmed by an independent expert. The local council also has powers to assist in cases of statutory nuisance, and most local authorities can provide noise recording equipment to assess whether the noise meets the threshold for action.
While councils are often under-resourced and their involvement is discretionary, making a formal complaint after an initial refusal may prompt further consideration. However, local authorities cannot be compelled to act.
It is unfortunate that direct discussions with your neighbour have not helped. It may be worth considering whether another neighbour or someone from the management company could help mediate and explain the impact of the noise, as sometimes an independent perspective can encourage a more constructive response.
Given that you have mentioned you cannot afford to soundproof your flat or take legal action, and that legal fees can escalate quickly, it is sensible to consider any other practical solutions, such as changing room layouts or introducing rugs to help reduce noise.
Finally, it is relatively common for legal expenses insurance to be included with home, contents, or professional insurance policies, so it is worth checking all your policies to see if you have cover that could assist with legal fees.
James Naylor, a partner at Naylor Solicitors, says: Noise transmission is a frequent concern for leaseholders, particularly where original soundproofing has been removed or replaced with inferior materials.
This issue is especially prevalent in older buildings, where construction standards differ from current expectations and lease terms are often relied upon to maintain acceptable living conditions.
Noise transmission is a frequent concern for leaseholders, James Naylor says
Answers to issue such as these, are likely to be found in the specific terms of the relevant leases, as the rights and obligations regarding noise, alterations, and enforcement are primarily governed by the lease provisions.
Most residential leases contain covenants regarding noise and alterations. These typically require leaseholders to maintain adequate floor coverings, such as carpets and underlay, to reduce noise, and to obtain the landlord’s written consent before undertaking structural alterations, including changes to floors or ceilings.
The specific obligations depend on the lease wording, but unauthorised works or the use of substandard materials may constitute a breach, prompting enforcement action by the landlord or management company.
Leases also usually prohibit nuisance or annoyance between neighbours. The use of substandard materials in renovations, leading to increased noise, may breach these covenants and could also give rise to you having a private nuisance claim against your neighbour.
However, where a leaseholder cannot afford to bring a claim directly against a neighbour, one option—depending on the lease—may be to require the landlord to take enforcement action.
Landlords are generally under a lease obligation to enforce the covenants contained within leases, particularly where a leaseholder requests enforcement against another leaseholder who is in breach.
However, these clauses often require the requesting leaseholder to indemnify the landlord for legal costs before enforcement action is taken.
Where legal remedies are unaffordable, the following steps may be considered:
In relation to building control, works affecting ceilings and sound insulation must comply with building regulations, which set minimum standards for sound insulation.
However, building control’s remit is limited to regulatory compliance and does not extend to enforcing lease terms or resolving all noise disputes.
Where building control will not intervene, leaseholders must rely on their lease and the landlord’s obligations.
Leaseholders selling their property must disclose ongoing noise disputes or complaints on the property information TA6 form, and this could deter buyers or affect the sale price. Failure to disclose may have legal consequences, including potential claims for misrepresentation.
Noise issues arising from alterations can be distressing and difficult to resolve, especially where original soundproofing has been compromised.
Leaseholders should review lease terms, document issues, and consider all available remedies, including alternative dispute resolution. Where enforcement is not feasible, maintaining a clear record may assist in future dealings with the landlord.
