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Where do I legally stand with crappy neighbour?

5 replies

Witchtower · 24/03/2019 19:45

Just posted on AIBU but this seems like the best place!

I’m going to try my hardest not to drip feed but there is A LOT of background to this.

I live in a share of freehold. My neighbour directly below me uses her flat every couple of weeks, usually when there is a protest on in London.

Almost 6 years ago, on the day we were moving in, my neighbour knocked on my door and explained that the previous neighbours were quite noisy and could we keep it down. We were very polite and said no problem. There was me my partner and my 3 month old.

My flat already had underlay with laminate flooring.

A few days later I met her in the garden and she began slagging off the rest of the owners in the building. My first reaction was that she must clearly be the issue as 5+ people cannot all be the devil.

The first complaint of noise came a few months after moving. To be honest I sat on my arse during that time as I was either BF (daughter attached constantly as I was not producing enough milk, but that’s another story) or my daughter was asleep. There really was minimal noise at this point. We currently spend 5 days a week at work/school/nursery, we arrive home at around 5.30 and children in bed at 7. We tend to be home at least one day of the weekend.

I read my lease and it was quite vague. It was along the lines of ‘floors must be covered with underlay or felt’ I was quite adamant that I was adhering to my lease. At this point there really was no noise.

Fast forward a few years and I now have 3DC. We decided to put the flat on the market as we had outgrown it. As soon as we told our freehold we received a solicitors letter from the neighbour downstairs. This was after years of back and forth complaints. So put an obstacle in our way to sell. I read the lease again and hidden at the back of a 30 page manual it said I needed carpet. So I decided to have a chat with my partner and agreed that we should invest in some soundproofing as the sale of our property fell through.

We emailed neighbour and asked if she’d be happy with soundproofing and a hard floor. We explained we had a few professionals quote us on various flooring. All said that due to the age of the property a carpet would have a very minimal affect and the best option would be to sound proof. She shut this compromise down and demanded a carpet. We paid £2000 for a very good quality underlay and carpet. Now after 18 months the complaints have started again.

Where do I stand legally? We made it very clear a carpet wouldn’t be sufficient but we were so sick of her complaints we agreed to it.

Just a bit of background. This lady has-

•Accused the freehold of stealing her post
•Refuses to support anyone e.g. her door needed fixing, she demanded we sort it but we made it clear it was her job and she ended up roping in another neighbour to sort it for her.
•Accused me of entering her property
•Accused me killing her plants
•Stolen my plant pots
•Treats us all like PA’s
•Made fun of my dyslexia
•does not believe we have carpet
•sent a really weird email to the freehold complaining that another tenant destroyed her front garden.
•everytime she visits this property she sends the freehold an email complaining about something, anything. Recently she requested a meeting and the truth is no one wants to sit in a room with her.

The list really does go on.

OP posts:
norrismcwhirtersfridgemagnet · 24/03/2019 20:15

So she's a leaseholder and you are a freeholder? You still need to abide by your lease - if it says carpet then that's what you have to do. Generally, carpets protect against airborne noise as well as floor to ceiling, which solid floors don't.

Perhaps she could address all her concerns on one letter and then you and the other freeholders could consider them and respond. The set up sounds a bit odd to be honest. You were selling, hence carpeting, then 18 months on she's still complaining?

Closetlibrarian · 24/03/2019 20:22

How did she put an obstacle in your way to sell? How come she has a say in how/ whether you sell your flat??

Asdf12345 · 24/03/2019 20:25

I interpreted the op as saying the record of a formal dispute with the neighbor has made it hard to sell (rightly so she sounds like a nightmare). Unfortunately there does not seem to be any way to turn her into a better neighbour and further recourse to legal matters presumably just adds more evidence of dispute that would have to be declared.

Witchtower · 25/03/2019 06:25

We all have a share of the freehold.
I puts an obstacle in the way as the dispute would have to be declared to new buyers.

OP posts:
AstonishedFemalePersonator · 25/03/2019 08:25

I don't think there is a lot you can do, OP, other than to tell prospective buyers of the dispute but point out that you have remedied the situation by putting down carpet, as per the terms of your lease.

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