Residents of flats can find themselves subject to anti-social behaviour in many aspects but the following case focuses on the nuisance of noise. The volume was so excessive a judge awarded significant monies in recompense to the sufferer.
The luxury apartment which was valued at £2.6 million was situated on a lower floor, and the apartment above that had undergone considerable refurbishment which included uncarpeted floors, after it was purchased by a company for a family which included three children. While the judge accepted that some noise was caused mostly by everyday family life, children playing, white goods, and central heating switching on and off etc. could also be heard in the lower floor flat. Now and then the couple also had parties which ran considerably late into the night.
There had been no consideration given to soundproofing the flat during it’s refurbishment, or the impact of removing the carpets on those below. No permission had been sought from the freeholders and the couple had broken their lease agreement in going ahead. It was accepted that the noise level was over-stated but not inconsequential.
The damages were linked to the judge’s direction to remedy the situation by undertaking work to significantly lessen the noise levels and soundproofing to an acceptable level for the benefit of the residents below, in the meantime the damages would increase, at a rate of £40.18 a day, until the work had finished. The injunction was issued to both the couple and their company.
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