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Original poster

Does anyone know anything about tenancy law?

39 replies

ShinyPinkPumpkin · 28/10/2008 09:32

I live in a basement flat

The people above me have wooden floors with no rugs or carpets at all. The noise is terrible.

Is there some kind of law that states they should have carpets laid?

Upstairs neighbours are my landlords by the way.

OP posts:
expatinscotland · 28/10/2008 09:34

'The people above me have wooden floors with no rugs or carpets at all. The noise is terrible.

Is there some kind of law that states they should have carpets laid?'

No.

That's considered normal living noise.

MurderousMarla · 28/10/2008 09:36

This reply has been deleted

Message withdrawn at poster's request.

Original poster
ShinyPinkPumpkin · 28/10/2008 09:38

THEY own the freehold!

Just read a report stating that basement flats underneath a property without carpets laid are 22 decibells noisier than those with and that the noise can be like them being in the same room.

OP posts:
LIZS · 28/10/2008 09:39

Depends on how recently the conversion was done - Buildings Regs changed in recent years but they are not applicable retrospectively. Otherwise all you can do is appeal to their better neature.

MurderousMarla · 28/10/2008 09:40

This reply has been deleted

Message withdrawn at poster's request.

AxisofEvil · 28/10/2008 09:45

If they own the freehold there is going to be very little you can do. I'd try explaining that it?s a problem but if it is really bothering you then I'd be prepared to move. If you can present it to them as being a major problem and will affect them keeping tenants in the flat then they might listen more but TBH I doubt they'll do much.

Original poster
ShinyPinkPumpkin · 28/10/2008 09:48

Oh I am moving out at the weekend.

Have tried talking to them.

Lovely friend moving on on saturday- she knows it's noisy but I think she has underestimated just to what extent and is now concerned....

OP posts:
dinny · 28/10/2008 09:50

check your lease

as a tenant I think you have the right ti quiet enjoyment of your property

GentleGarotter · 28/10/2008 09:53

Shelter website explaining legalities etc

Original poster
ShinyPinkPumpkin · 28/10/2008 10:09

Well.

I just spoke to Environmental Health who say that they have a legal obligation to ensure adequate flooring and that they advise against wood flooring when there is a basement flat below.

Someone who knows the legalities is calling me back tomorrow.

OP posts:
expatinscotland · 28/10/2008 10:11

well, if i had a freehold and my tenant downstairs went all legal on me to force me to lay down carpet, that tenant wouldn't have their agreement renewed.

i think it's rather deceptive to go in as a tenant knowing you're going to sue your landlord.

find another place to live.

MuAHAHAHAHAHmi · 28/10/2008 10:18

Expat - don't know how the law stands in Scotland but given that the OP has already tried talking to the landlord, generally you can't legally evict someone just for for trying to exercise their legal rights to quiet enjoyment of their lease

expatinscotland · 28/10/2008 10:27

'generally you can't legally evict someone just for for trying to exercise their legal rights to quiet enjoyment of their lease'

that's why I said I'd not renew their agreement.

most tenancy agreements are short-assured.

after 6 months, you can renew with the tenant.

or not.

GentleGarotter · 28/10/2008 10:29

Would your landlord consider installing this stuff which is good and here is how to do it

It might be prudent of them to do this as there will be noise issues for any subsequent tenants.

Original poster
ShinyPinkPumpkin · 28/10/2008 10:37

Expat I'm glad you're not my landlord then and hope to goodness you're NOt a landlord

See my post from earlier- I am moving out at the weekend. I have no intention of 'going legal on them' merely wanted to find some legislation to make them realise that they have legal obligations to be reasonable.

They keep losing tenants- I have discovered that many people have left after short periods of time because of the noise. The landlords are lovely people who just cannot be bothered to change their home at all- even if it makes it more pleasurable for their tenants.

OP posts:
Original poster
ShinyPinkPumpkin · 28/10/2008 10:40

As for me being deceptive Expat I really don't know what you mean?

I have been living here for 8 months all the while trying to make things work, and attempting to be resonable.

A friend of mine is moving in.
I have told her about the noise- she was confident she could cope but is now concerned hence my initial post.

OP posts:
expatinscotland · 28/10/2008 10:41

'Expat I'm glad you're not my landlord then and hope to goodness you're NOt a landlord'

I've lived with serious noise most of my life from tenants, in homes full of damp and mould, where landlord lives abroad and structure in serious disrepair.

Flooring is annoying, but it's considered normal living noise.

If you think that's the worst it gets I hope your next place is in the middle of nowhere.

Obviously they're still getting tenants in there if your pal is moving in.

expatinscotland · 28/10/2008 10:43

'A friend of mine is moving in.
I have told her about the noise- she was confident she could cope but is now concerned hence my initial post. '

That's deceptive.

she's moving in with the idea that it's so noisy she needs legal advice.

Why bother?

Why not find somewhere else to live?

I wouldn't my friend moving into a place I found intolerable to live in.

I'd have warned them off big time and if they still insisted I wouldn't be off trying to source legal advice for them so they could try to force the landlord to change their flooring.

Original poster
ShinyPinkPumpkin · 28/10/2008 10:46

Well you're not ME are you?

Thank you to all the other helpful people who have made good suggestions.

OP posts:
expatinscotland · 28/10/2008 10:50

nice try, Shiny.

thank you for playing.

Original poster
ShinyPinkPumpkin · 28/10/2008 10:55

WHY are you being so horrible?

I don't know you, to my knowledge you don't know me.
I posted for some advice- not obnoxiousness.

If you only knew how much crap I have put up with whilst living here- the repairs that have not been undertaken for starters have been a nightmare. How would you like living somewhere where none of the windows open?

For your information my friend will not be moving in unless they agree to do something about the noise- she simply wants to know if there is a legal stipulation that will support her conversation with the landlords who by the way are also friends of mine.

OP posts:
expatinscotland · 28/10/2008 10:59

'WHY are you being so horrible?

I don't know you, to my knowledge you don't know me.
I posted for some advice- not obnoxiousness.'

WHAT is 'being horrible' about pointing out that it's considered normal living noise by most councils?

You post on the WWW, you got answers.

And it's a place you found utterly intolerable to live in, but your pal's moving in?

If these landlords are your pals, do they know you're going online trying to figure out how to legally get them to change their place?

That's not 'horrible'?

MurderousMarla · 28/10/2008 11:20

This reply has been deleted

Message withdrawn at poster's request.

Original poster
ShinyPinkPumpkin · 28/10/2008 11:21

As Landlords they have a legal obligation to provide a pleasant place for their tenants to reside in.

They are not meeting their obligations and referring to my previous quote- 22 decibells noisier is not (the very helpful lady at the council confirmed) acceptable.

Everybody else was very helpful and offered balanced views actually.

It's only you that's been a complete cow to me- and all that demonstrates is that by being so reactive and agreessive in your responses that you actually have big problems within yourself. Hence the 2 emails I have had from MNers one of them asking me 'what expat's problem is today'.

Thanks to everybody else- I have printed off info about those foamy things GentleGarotter- I really appreciate that and that looks an option certainly.

We are all having lunch and a chat about things in an hour so I shall pass those on

OP posts:
Original poster
ShinyPinkPumpkin · 28/10/2008 11:24

...yes I am

I know it's not my problem any more but they are nice people and I'd like to help them to be able to keep tenants for longer!

Friend moving in would be happy here for years and years- if the noise thing could be resolved or helpd a bit.

OP posts:
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