Anyone who lives in an older building is likely to have noise problems from the people upstairs at some point.

Most leases specify hours when noise should be kept to a minimum: typically, between 1pm or midnight and 7am. There may also be a prohibition on using noisy equipment including washing machines during those hours. However, even with considerate neighbours there may still be irritating noise such as the relentless sound of doors banging and heavy-footed people which, can become intensely annoying. Arguments and unpleasantness can follow, and nobody wants to be living in an unfriendly block.

Typically, your lease will also specify the type of floor coverings that can be used, ensuring that laminate floors and linoleum cannot be laid in living and bedrooms other than on the ground floor, for instance. There may also be a requirement to lay a “suitable” noise-reducing floor covering – but what does that mean? How long is a piece of string?

If you need to challenge a neighbour upstairs about noise, it is important to be clear what you are asking for. After all, what was available and ‘suitable’ when a lease was written decades ago will bear little relation to what is on the market today. (We’ve looked at some of the options below.)

If you can establish that the upstairs’ floor covering is not suitable then can you request improvements which, if ignored, would be a breach of the lease which still, remember, carries the ultimate sanction of forfeiture for truly unacceptable conduct, not just for service charge arrears.

Of course, the first step is to tell neighbours that they are rather heavy-footed and noisy – they may not even realise it and may be more considerate in the future. Do remind them though, that they will have to lay more suitable floor coverings as and when they do upgrade if that’s what the lease requires, even if you are being flexible enough not to insist on immediate replacement.

The lease is on your side

All new builds since 2003 must comply with Building Regulations Part E and any new build flat has to pass these standards to be signed off and sold. If your flat had already been constructed by that time, the property owner does not have to make any soundproofing adjustments by law.

You can however invoke your lease. You will need to check your own lease, but typical clauses on noise are:

  • Not to live in the demised premises (except where the demised premises are situated on the ground floor only) unless all living room and bedroom floors are covered in good quality sound-reducing flooring except the same may be temporarily removed for cleaning and decorating purposes. The tenant shall take reasonable precautions for ensuring quietness in the demised premises including the placement of rubber insulators under all pianos and any other instrument or potentially loud or noisy equipment or take other effective measures to deaden sound.
  • Not to permit any singing or instrumental music in the premises between the hours of midnight and seven a.m. nor to use or permit to be used a wireless or television to be audible to any other flats in the property if the occupiers thereof object thereto.

These original clauses seem to have it about covered and even when a lease is varied, if the freehold is bought by leaseholders and/or to grant lease extensions, they usually stand pretty much unaltered. The “new” leases are usually the old ones with a few pages of amendments at the front.

The argument that “if it isn’t broke don’t fix it” may apply, but a good lawyer should surely be expected to take the opportunity to go through the old lease with a fine toothcomb and pick up and improve on anomalies.  so don’t assume the standard clauses are still there. Common additions and amendments address issues such as short-term letting (Airbnb et al), the types and how many pets that can be kept.   Examples of changes to clauses on noise control, which could make it easier to resolve disputes are:

  • The tenant shall take reasonable precautions to ensure quietness in the demised premises; and
  • The decision of the Lessor as to what constitutes a nuisance or annoyance shall be final and binding on the parties.

Many leases also have catch-all clauses like this:

  • The tenant shall comply with and observe any reasonable regulations which the Lessor and management company may from time to time with the provisions of this deed make to govern the use of the flats.

How to soundproof a flat floor – reasonably!

Choosing materials for soundproofing floors in flats will depend on the construction of your building. Most floors are either timber joists with a plasterboard ceiling below and floorboards/flooring panels on top or solid concrete flooring with a screed over the top. Older buildings with timber floors are the worst offenders for noise.

Generally, the main purpose of soundproofing floors in flats is to reduce impact noise from feet, furniture being moved, and things being dropped or put down heavily. Soundproofing against impact usually comes down to choosing the right underlay for both carpets and vinyl or similar flooring in bathrooms and kitchens.

Muting underlay need not be thick and spongy to absorb vibration from impact, nor need it be especially expensive, so do allow time to visit a knowledgeable flooring supplier and ask for advice. Acoustic mineral wool and surprisingly thin rubbery but high-mass mats are available, which may be enough if impact noise is your prime consideration. You can usually lay carpet on top of these without additional underlay.

If, however, you are also concerned about airborne noise, from TVs or even normal speech, which is relatively poorly absorbed in buildings with older timber floors, you may also want to top the joists with special fabric isolation strips first, to decouple the floor covering from the timber. This should   reduce vibration and sound transmission.

Concrete floors can still be a problem

While concrete, with its high mass, is pretty good at reflecting airborne noise it’s not so good when it comes to vibration from impact noise. Here, recycled rubber acoustic underlay can be a very effective solution.

Kitchens and bathrooms

Luxury vinyl tiles and panels have become increasingly popular but they are not acoustic products and require purpose-designed underlay which is designed to have the tile and panels installed directly on top.

Wooden Flooring and laminates

If and where this is allowed (and not expressly forbidden) in flats on upper floors it will require an acoustic underlay and possibly a layer of plywood first.

Noisy floorboards Fix

The best way to fix creaking floorboards is to remove the original nails or screws first and refix with coarse-thread timber screws which won’t come loose over time.

If you have a problem with the chipboard floor, using a watered-down PVA glue adhesive between and under the floorboards can reduce the creaking and friction between the floorboards and the timber joists. Be sure to refix your chipboard panels with coarse-thread timber screws.

Don’t suffer in silence

Noisy neighbours can make your life miserable. Don’t suffer in silence amidst everyone else’s noise. Make sure they know their responsibilities under the lease and if they refuse to try and improve life for everyone else, get the management company involved as soon as possible.

Disclaimer:

The sole purpose of this article is to provide guidance on the issues covered. This article is not intended to give legal advice, and, accordingly, it should not be relied upon. It should not be regarded as a comprehensive statement of the law and/or market practice in this area. We make no claims as to the completeness or accuracy of the information contained herein or in the links which were live at the date of publication. You should not act upon (or should refrain from acting upon) information in this publication without first seeking specific legal and/or specialist advice. Arthur J. Gallagher Insurance Brokers Limited accepts no liability for any inaccuracy, omission or mistake in this publication, nor will we be responsible for any loss which may be suffered as a result of any person relying on the information contained herein.

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