High heels of the girl upstairs drive me crazy

Our lawyer Fiona McNulty advises on the importance of covenants in a lease
legal cartoon
© Merrily Harpur
Question: I have recently bought my first flat in a new block of 10 flats. I am sure that I make quite a bit of noise playing music and I don't mind hearing music coming from other flats but what does bug me is the clip clop of high heels of the girl who lives above me. It drives me mad. I don't want to fall out with her as I would hate there to be a bad atmosphere - what can I do ?

Answer: As the block is new I have no doubt that the leases for the 10 flats will all be on very similar terms, so find a copy of your lease and read it carefully.

Find the schedule that lists the lessees' covenants and/or restrictions and regulations - there is likely to be a lessees' covenant that provides for the floors of the flats, except the kitchen and bathroom, to be carpeted - or there may be similar wording which means there needs to be some sort of covering which will stop sound travelling through the floorboards.

It sounds as though your neighbour has not had carpet laid on the floors of her flat, hence you can hear her walking about in her heels.If there is such a covenant in your lease you could mention this to your neighbour, but if she does not rectify the situation you should speak to the managing agents, or less or, and ask them to deal with your neighbour regarding her breach of covenant.

What's your problem?

If you have a question for Fiona McNulty, email legalsolutions@standard.co.uk. We regret that questions cannot be answered individually.

Fiona is a partner in the residential real estate team at Thring LLP www.thrings.com.

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