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Glws
I mentioned this a while ago, but I have had a pretty horrible noise issue with my upstairs neighbour for a year now which finally has the prospect of a resolution but I'm not sure how to proceed. We're both leaseholders with the freehold managed by an agent.
We both moved in similar times last year, but her flat had a newly laid laminate floor which causes ridiculously loud impact noise (her flat was unoccupied when I viewed my flat). I can't sleep if she's awake basically. The lease says floors have to be "covered with carpet and underfelt or with such other effective sound-deadening floor covering material". She also got a dog despite the lease saying no pets are allowed.
Attempts to resolve it with her haven't worked. When I first told her the issue was her floor her boyfriend just screamed in my face saying I should get my ceilings done and that knows better as he's a builder. I got a soundproofing company to confirm that this wouldn't be very effective, as impact noise bypasses the ceiling through the walls.
She then said she wont ever have carpet as she has a dog. Desperate for a solution I asked the company to quote for soundproofing suitable for wood floor. It was 20% more expensive and poorer performing, but much better than the current scenario. I offered to pay for this in May 2022, and even got the company to visit and discuss it with her, but she still refused and basically ignored all future contact.
I escalated it with the managing agent who finally sent a letter before action last week. She replied saying that she will accept having the work done, but only if she can have a laminate floor and I pay for the entire cost (I assume she wants me to pay for the new floor too).
Now the obvious answer is to say no and enforce the lease, however my concern is that it's a cheaply converted Victorian building with shite sound issues regardless. She could get a carpet and underlay laid cheaply and it would still be awful. I think I need this opportunity to get the best quality of work done.
Therefore my thinking is to get two quotes, 1) to soundproof ready for a pet-friendly vinyl/carpet, and 2) to soundproof ready for laminate with comparable performance to option 1. I'll pay for option 1, if she wants laminate then she pays the excess for option 2 (which will be a lot). The problem is that she will just say no and likely result in the worst result for both of us.
I have all the leverage of the lease, but she just will not pay for anything and will insist on the absolute cheapest option so I'm not confident the lease will actually result in "effective sound deadening" that it requires.
I'm also unsure about paying for work in someone else's flat and liability. I've tried to get advice from solicitors but keep getting foisted onto someone else.
I feel stuck even though everything seems in my favour. Sorry to rant.