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What is the law re; upstairs flats having laminate flooring as my life is being made hell

deleted12612's avatar deleted12612
Posted 5th Nov 2008
The flat above me is private (as is mine) but has been signed over to the council for 3 years and is being used as temporary accomodation. At present i have 2 adults, 5 kids and a dog (in a 3 bedroomed flat) stamping round above my head. They don't take the kids out so they just run in circles and when they do go out the blo*dy dog howls.
The main problem is the laminate flooring, what are the laws, can i do anything?

Thanks
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  1. deleted41316's avatar
    There are no laws about wooden floors.
  2. deleted134358's avatar
    Contact your local council's environmental health department and register a complaint of noise nuisance, this should at least be investigated with, hopefully, a solution or compromise being reached.
  3. potterbell's avatar
    shoot the dog and threaten to eat the kids (-:
  4. HopeIsEternal's avatar
    potterbell;3377730

    shoot the dog and threaten to eat the kids (-:



    Fully agree with this very harsh but also fair action!
  5. RedSkywalker's avatar
    Firstly you don't say in which country you are living and that makes a lot of difference because there are three different sets of legislation in force throughout the UK. There is legislation in place in Scotland which would allow you to cite the Council for creating a nuisance [a diary is a great help in cases like this with details of times, any witnesses, noise levels, etc. Noise level meters are quite inexpensive these days from places like Maplin [it is unlikely that the Council would allow one of its departments to investigate and provide evidence against the Council so best to think in terms of doing it yourself.
  6. gari189's avatar
    Alfonse

    why bring this back after 2 years?


    It was bumped by a new member who subsequently deleted their post so its probably just a genuine error....
  7. Jason's avatar
    Unfortunately not.
  8. deleted79282's avatar
    geez that must be a living nightmare!
  9. MrLoveMonkey's avatar
    You should check your lease details / management company contract - alot of flats have stipulations in the contract that you don't put down wooden floor (even if you own the place, not just renting) - because of the reasons you state.
  10. deleted12612's avatar
    Author
    MrLoveMonkey;3377650

    You should check your lease details / management company contract - alot … You should check your lease details / management company contract - alot of flats have stipulations in the contract that you don't put down wooden floor (even if you own the place, not just renting) - because of the reasons you state.



    Thank you i will do
  11. deleted119956's avatar
    Check with the council as they usually have certain rules regarding consideration to other residents - I lived on a large estate in west london where you had to have some kind of underlay to buffer the sound of wood floor panelling so it would not impact on the other tenants.

    Blimey, seeing the similar responses it just goes to show how we sometimes tend think alike.
  12. GAVINLEWISHUKD's avatar
    Swap flats!



    You could get a cavity wall insulator to fill the space between your ceiling and their floor. Should cut a lot of the noise out.
  13. deleted12612's avatar
    Author
    Mardyass;3377628

    geez that must be a living nightmare!



    It is!
  14. deleted43418's avatar
    That must be a night mare!!

    The family upstairs have a kid who must be training for the 2012 olympics cos all it does is run about all day but at least they have carpet.

    Think only thing that could be againist the law is noise violations so would depend on how loud noise is and what time
  15. deleted58640's avatar
    I don't think it's fair on the dog either actually, they are obviously above you, so not even a ground floor flat, so probably don't have garden access? what does the dog do? cruel.
  16. deleted41316's avatar
    MrLoveMonkey;3377650

    You should check your lease details / management company contract - alot … You should check your lease details / management company contract - alot of flats have stipulations in the contract that you don't put down wooden floor (even if you own the place, not just renting) - because of the reasons you state.



    Temporary accomodation is unlikely to have wooden flooring.
    I wouldn't let a flat with wood flooring to a family with 5 kids and a dog.

    I would guess it's either laminate, or bare floorboards.
  17. Jason's avatar
    MrLoveMonkey;3377650

    You should check your lease details / management company contract - alot … You should check your lease details / management company contract - alot of flats have stipulations in the contract that you don't put down wooden floor (even if you own the place, not just renting) - because of the reasons you state.



    Yes, check the lease but its not true that "alot" of leases have restrictions regarding wooden floor. They are usually never that specific.

    Have a look through the lease and anything with "restrictive covenant" read that. It might be worth reading through all of it as it will be buried under other clauses. You might need to be careful when reading it as it will not specifically say wooden flooring....it could say something like "Not to the detriment of neighbours enjoyment of their own property" etc.

    If its really that bad try and approach a solicitor who deals with civil litigation matters. Most firms offer a free 30 minute appointment.
  18. deleted41316's avatar
    Mickthemonster;3377700

    Contact your local council's environmental health department and … Contact your local council's environmental health department and register a complaint of noise nuisance, this should at least be investigated with, hopefully, a solution or compromise being reached.



    They will be reading about the OP in the local paper(HEADLINE: HUKD'er bashed after anon report to council).

    How about speaking to the neighbour?

    Welcome to HUKD.
  19. harlzter's avatar
    Be a nice neighbour and buy the kid a pogostick for christmas, while he's on that he wont be running around :whistling:
  20. deleted12612's avatar
    Author
    thesaint;3377688

    Temporary accomodation is unlikely to have wooden flooring.I wouldn't let … Temporary accomodation is unlikely to have wooden flooring.I wouldn't let a flat with wood flooring to a family with 5 kids and a dog.I would guess it's either laminate, or bare floorboards.



    Hi
    Sorry it is laminate flooring not wood. This is a private flat that the owner signed over to the council to let for 3 years.
  21. deleted12612's avatar
    Author
    thesaint;3377711

    They will be reading about the OP in the local paper(HEADLINE: HUKD'er … They will be reading about the OP in the local paper(HEADLINE: HUKD'er bashed after anon report to council).How about speaking to the neighbour?Welcome to HUKD.



    I have complained to her housing association a few times and told her each time as i am not 2 faced. The thing that bugs me is she is on benefit with a working boyfriend living there and a dog thats not allowed.
    I have done on a few occasions but now we don't speak as this has been going on for 7 months. There is only so many times you can complain without getting bored of your own voice.
  22. deleted12612's avatar
    Author
    harlzter;3377718

    Be a nice neighbour and buy the kid a pogostick for christmas, while he's … Be a nice neighbour and buy the kid a pogostick for christmas, while he's on that he wont be running around :whistling:



    There's 5 of them
  23. deleted40965's avatar
    buy them carpet for xmas........
  24. Jason's avatar
    Send a couple of these their way...although, their contents may come crashing down!!

    en.wikipedia.org/wik…les
  25. deleted17062's avatar
    magicjay1986;3377696

    Yes, check the lease but its not true that "alot" of leases have … Yes, check the lease but its not true that "alot" of leases have restrictions regarding wooden floor. They are usually never that specific.


    My previous flat had a specific clause in about not allowing wooden flooring and my brother's flat also mentions the same thing.

    I think you need to be careful about reporting it to council / solicitors as I believe you will have to mention this by law should you ever come to try to sell the property.
  26. deleted17062's avatar
    *scooby*;3377769

    I have complained to her housing association a few times and told her … I have complained to her housing association a few times and told her each time as i am not 2 faced. The thing that bugs me is she is on benefit with a working boyfriend living there and a dog thats not allowed.I have done on a few occasions but now we don't speak as this has been going on for 7 months. There is only so many times you can complain without getting bored of your own voice.


    Well, there is your answer. Report them to the DSS who will soon stop paying their housing benefit :thumbsup:
  27. Jason's avatar
    csiman;3377945

    My previous flat had a specific clause in about not allowing wooden … My previous flat had a specific clause in about not allowing wooden flooring and my brother's flat also mentions the same thing.I think you need to be careful about reporting it to council / solicitors as I believe you will have to mention this by law should you ever come to try to sell the property.



    Were both of your properties owned by the same freeholder?!

    I must have looked at about 500 leases and I could count on one hand how many times I have read it! How peculiar!!

    You should disclose neighbour disputes etc in protocol forms when instructing solicitors. The forms are pre printed so its a tick box exercise.
  28. deleted17062's avatar
    magicjay1986;3378034

    Were both of your properties owned by the same freeholder?! I must have … Were both of your properties owned by the same freeholder?! I must have looked at about 500 leases and I could count on one hand how many times I have read it! How peculiar!!You should disclose neighbour disputes etc in protocol forms when instructing solicitors. The forms are pre printed so its a tick box exercise.


    about a mile apart and not owned by the same freeholder. Might be a local council stipulation but no idea tbh.
  29. ChrisUK's avatar
    Move into a house - plenty of them going cheap at the moment............
  30. HopeIsEternal's avatar
    Im currently renting through local council, even though its not a flat we were told under no circumstances could we have wood flooring or laminate.
  31. deleted114675's avatar
    If it's lino, you can have them executed, but as it's wooden, you don't have a leg to stand on.
  32. sn0ttyang3l's avatar
    have you knocked and let them know that it is really loud in your flat - also if they are out they may not realise the dogs are barking - perhaps if you are pleasant and have a chat with them they may change their mind if you invite one of them down whilst the noise is going on upstairs - and if all else fails - turn your radio up loud every time you go out - tit for tat - lol
  33. deleted32260's avatar
    sn0ttyang3l;3383279

    have you knocked and let them know that it is really loud in your flat - … have you knocked and let them know that it is really loud in your flat - also if they are out they may not realise the dogs are barking - perhaps if you are pleasant and have a chat with them they may change



    If you read through the thread this has been going on for 7 months with several visits to the neighbour
  34. sn0ttyang3l's avatar
    greg_68;3383300

    If you read through the thread this has been going on for 7 months with … If you read through the thread this has been going on for 7 months with several visits to the neighbour


    sorry i must have missed the one that said invite one of them down whilst the noise is going on - sometimes people dont realise just how bad it is for the other person - i lived in the middle of 3 floors and the guy upstairs made terrible noise - but it was only when i invited him down one day when his kids were upstairs playing about that he actually took any notice and agreed that it was bvery noisy but he didnt realise it as the noise wasnt that loud in his flat
  35. deleted44088's avatar
    i live in a council flat, and im on the top floor (only 2 floors high)

    we were told that only ground floors are allowed laminate/wood flooring but we have it in the frontroom and hallway anyway, but then we are considerate neighbours and never had complaints from downstairs, some people just dont give a *(insert profanity)* contact the council
  36. robtallica's avatar
    Tough it out - we went through world war here in England a few years back so it can't be all that bad by comparison.

    It's either that or move out unfortunately.
  37. deleted92656's avatar
    MunkiMadz;3377686

    I don't think it's fair on the dog either actually, they are obviously … I don't think it's fair on the dog either actually, they are obviously above you, so not even a ground floor flat, so probably don't have garden access? what does the dog do? cruel.



    why is that cruel? dogs go for walks! My cat never leaves my upstairs flat...oh no call the RSPCA!!!!

    oh....I live in an upstairs flat and I have laminate as well...
  38. deleted22222's avatar
    bellabonkers;3962088

    why is that cruel? dogs go for walks! My cat never leaves my upstairs … why is that cruel? dogs go for walks! My cat never leaves my upstairs flat...oh no call the RSPCA!!!!oh....I live in an upstairs flat and I have laminate as well...



    sorry have to agree very cruel to keep a dog inside depending on the size though, if it's cat size I think that's acceptable. Though if I was a cat I would love to be exploring the outdoors and kicking other cats ass.
  39. splatsplatsplat's avatar
    Can you not put carpet on the ceiling?
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