noise from flat above-flooring changed

[oldiesue]

I own a leasehold flat where we are supposed to have carpeting with insulation on the floors. a few years ago the person above put in vinyl flooring (apparently with several layers of soundproofing). this doesn't work well and I complained and was told "that's life in a flat". I complained to the freeholder who told me to get a solicitor-however she then had 2 very quiet tenants for the last 2 years and the noise was minimal. she now has new tenants who arent doing anything wrong but their footfall is extremely loud, and they get up all night to use the bathroom. also theres a squeaking floorboard. I want to tackle the problem again, the owner is very awkward and I want to be fully informed beforehand, would rather avoid legal action if possible-any advice on how to tackle her greatly appreciated thanks

What does it say in the lease?

the lease clearly states carpet with insulation and no noise should be heard from the flat

Then clearly she is in breach of the leasehold conditions. Have you raised it in writing to the leaseholder and the freeholder?

yes, the freeholder told me to employ a solicitor, the managing agent said it was nothing to do with them

sorry also the leaseholder said she had put vinyl insulation in, that its city life and I should expect it and she's not removing the vinyl

the leaseholder is the person who put the flooring in ,and said the comments in my OP

I would get onto your local council. I don't think the rules of the flat will help much but the noise abatement people (or whatever they're called) should be able to help you.

The council will simply not be interested as the noise will not be loud enough. You need to employ a solicitor to threaten a claim against the leaseholder for nuisance/breach of lease. It is a civil litigation matter.

I spoke to the council who were sympathetic and told me to keep a log and they have a noiseline to call where someone comes round ASAP to witness it ,but this doesn't really hope. if I got a solicitor involved how difficult/unlikely is it that I would be successful?

help not hope!

I am wondering if it would be easier to spend the money instead on trying to soundproof my flat?

You can apply to a property tribunal as the leaseholder is in breach of their lease. Cheaper than county court and you can represent yourself. Is it LPA 1925? I'll have a look.

thanks