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Their renovation costing us money...

(7 Posts)
akennyg Sun 07-Dec-14 15:12:21

So new people bought the flat below us and decided to do a 6 month extremely heavy duty renovation (think party walls and digging out etc). Our baby was 5 months old when they began, and as a result of the noise, dust and general unpleasantness we chose to move out to a cheaper flat and short-let ours (once the dusty bit was done) to professionals who don't mind noise during the days in order to cover repayments. We had a bit of work done to get it up to scratch just after we moved out and now it's on the market.

But their builders are so lax they never clean communal areas, they leave the door open to the gutted flat even when they don't have to, they smoke outside and stare at everyone really threateningly. The halls are covered in dust and dirt, and it's putting off tenants in a big way.

The AIBU is really because one of the guys who own it is just horrible in his tone. He has a way with words that makes us feel totally unreasonable for asking-

That they clean communal areas every day thoroughly
That they try to keep smoking outside the front door to a minimum as it looks awful and travels into the other flats
That they try to keep their front door shut when they can

And he makes us feel we should be grateful that he has offered to arrange to pay for a one off clean of the communal areas. And we should be grateful that he's considered our flat (just above his) when choosing stereo equipment etc. "At extra expense we have made decisions based on impact noise will have on you". Well, ok thanks- does that mean we should be grateful and not try to get tenants every way we can to make up what we have had to spend moving out?

We are tied into a 6 month lease where we are, otherwise we'd probably go back sooner than April. I am so pleased we moved but having it empty is wasting thousands. Right now there are passive aggressive emails flying (I am matching his tone out of pure frustration), and I'm losing my mind thinking perhaps we are asking too much...AIBU?

Thanks all!

joanne1947 Sun 07-Dec-14 15:17:26

It is a communal area and does not belong to the flat below you so if they make a mess, beyond normal mess, they should clean it up.
Can you get other tenants and owners to agree that smoking is banned in all communal areas including the grounds (some flats have this rule).
It is totally wrong that their renovations have messed up your life. Did they inform you in advance of the work? Do they have planning permission?

Nanny0gg Sun 07-Dec-14 15:20:32

Who's the freeholder? Do you pay a maintenance charge?

Speak to whoever's responsible for that.

akennyg Sun 07-Dec-14 15:21:36

Hello, thanks for response. Yes they told us in August this would be happening, and we have a surveyor appointed/party wall agreement in place. The cracks are everywhere now obviously. Everyone agreed re smoking but no one is in during the day times so it's hard to pin anything on them, and it's pot luck when I'll turn up to check it out with the baby. My husband got so irritated he has ceased contact as he's worried he'll scream at this guy. Another problem is the people above us are totally oblivious to everything and work in the same sector so are sending frequent "hey guys, good work! We haven't noticed anything!" Messages...the top tenant and we are like shockshockshock!!! About.

akennyg Sun 07-Dec-14 15:22:57

Everyone freeholds their property and we have a joint freeholder agreement, so everyone discusses freehold matters together. They are an equal part of the freehold group.

IndridCold Sun 07-Dec-14 15:24:30

There must be a lease setting out the terms for all flat owners, and I'm sure there will be a clause allowing for the right to 'quiet enjoyment' to your own property.

YANBU. In your shoes I would be seeing a solicitor.

akennyg Sun 07-Dec-14 15:27:44

Apparently, as long as they work within the hours of 8am and 6pm weekdays and 8 and 1pm on a Saturday they're allowed to make any reasonable building noise level they like.

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