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Noisy Flat Above is There Anyting We Can Do

By: Jeff Durham - Updated: 14 Oct 2021 | comments*Discuss
 

Q.

We live in an old house (1890) that has been converted into flats, and the noise from the flat above is quite intrusive at times. We can hear footsteps, voices, items being dropped on the floor etc. We have addressed the problem with our new neighbours by letter and things have improved a little. The issue is that the flat is rented so the problem doesn't feel like it will ever go away. Barring expensive insulation solutions is there anything we can do to lessen the noise?

(Miss G Bell, 10 September 2008)

A.

If the house was converted into flats after you moved in, the first thing to establish is whether or not planning permission was granted for that. And, if that was the case, then you should be asking if soundproofing was specified in the plans and if that was one of the conditions of permission being granted. Even if planning permission was obtained at the time, with or without soundproofing, there are still things you can do.

Firstly, you should try to speak directly to the neighbours in question. With disputes that arise from noise levels, it’s often the case that the people concerned are not even aware that they are causing a problem. Therefore, in explaining the situation to them, it may be perfectly possible to rectify the issue amicably. If your neighbours are uncooperative, however, the next stage should be to inform the landlord of the property (as you state that it is rented) and ask them to speak about the noise issues with the neighbours themselves. It may well be that your landlord will be sympathetic to the problem and make provisions for having soundproofing installed underneath the floor above. Alternatively, a stern rebuke from the landlord might be sufficient to eradicate the problem.

Should all of the above fail, you should contact your local authority who will appoint one of their Environmental Health Officers to look at the case. Since the Noise Act of 1996 was established, an Environmental Health Officer can issue a warning to your neighbours if noise levels exceed a certain level. This warning can then be followed by a fine if the tenants fail to reduce their noise levels. Further action can also be taken.

Your question doesn’t mention excessively loud music, however, nor does it state at what time of day the noise is occurring, and these are two fairly important factors. For example, if it’s simply “footsteps, voices and items being dropped” as you suggest, it may simply be a case that better soundproofing is needed in the property. Also, remember that your local authority is going to look more closely at excessive noise levels which persist between the hours of 11pm and 7am, and allow a little more leniency at other times.

If you feel as though you have no option left but to turn to the Environmental Health Department, make sure you keep a log as to what time of day the excessive noise is taking place and what it consists of. You should also see if you can get any fellow neighbours to do the same, if they the noise levels have become an issue to them too. All information you can gather will assist the Environmental Health Officer if they decides to investigate further.

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I understand that sometimes such noise is because of lack of better sound proofing. However, most of the times, the complaint is not because of such a thing but rather unruly uncooperative people. That the council is unwilling to take action outside 11 pm to 7 am shows the lousiness of the councils to punish such unsocial people. The councils are repsonsible for depression and health of the affected people. I believe somone should raise a petition in the parliament to catch and punish such unsocial people. Timing should not be an issue. If you know someone is guilty then probably you should have the laws to catch such people. That 11 pm to 7 am is just an excuse for the councils to not actually do anything.
ForSociety - 14-Oct-21 @ 5:13 PM
I wrote on this a couple months ago where me & my family were being bombarded by noise from the neighbour above who had put wooden floors down & stomped around 24 hours a day.. we ended up with anxiety & stress to the point where i ended up on antidepressants. after video calling our housing officer to witness the noise - we moved out. nothing was done & we ended up having to give up our home after trying every avenue. we’re now the 4th family to leave & whilst we are happy - the fact that this individual got away with it again really irks me. i’m hoping a disco loving madman moves in next so it can be a lesson to this imbecile & it’ll restore my trust in the universe… keep fighting the good fight but start looking for transfers & swaps. it’s the only solution that works
Priestly - 13-Oct-21 @ 4:18 PM
I live in a 3 storey council flat and since the first wave of lockdown my upstairs neighbour has been driving me bananas he's been scraping his furniture across the concrete floor which is laminated and vacuuming and has his washing machine going from 6 am right above my bedroom which woke me and bangs about all day this goes on 24/7 sometimes he doesn't even sleep and when he does he makes a point of stomping and dropping things late at night above my bedroom even on a Sunday our peace gets shattered he decides to vaccum at 12 sometimes even 1 in the afternoon when we are sitting at peace watching TVand his TV goes up loud as well we can't hear ours over his and the more we turn ours up the louder his gets and to add insult to injury my downstairs neighbour smokes weed and it drives my cat nuts to the point where he's started scratching at the doors either the bathroom or the kitchen where he smells it and that keeps me awake
April - 13-Sep-21 @ 9:58 PM
Since moving to an housing association ie. Aelwyd Housing, I've had absolutely No Peace. I can understand that maintenance has to be done but this as been going on since I moved here. I've been here just over a year & I've had no peace. I've had 2 major Brain Operations, I was born with hydrocephalus & I takes tablets to relieve the pain. Yet, this Constant bombardment of visitors back & for, the doors no longer closing quietly & Kids gaining access throughout the day. I'm at the end of my tether & I Cannot take much more!!!
Andy - 7-Jul-21 @ 12:27 AM
Miss there is hope whats the number of the soundproofing people? Thanks
Yo - 17-Jun-21 @ 11:45 PM
Hello, I'm really desperate for some advice. Have been dealing with very noisy neighbours for over 7 months. Council advised me to make recordings and have done since April of this year. Just wonder if anyone knows how effective noise app recordings are in cases against neighbours. I am so distressed I don't know what to do. Peace
CA - 17-Jun-21 @ 6:09 PM
I've had the worst nightmare with my neighbour who constantly stomps around with wooden floors. We live in a Victorian conversion flat which doesn't help & can't believe noise pollution isn't taken more seriously.. We tried the friendly approach but were met with swearing & then were told by fellow neighbours that this had been an issue for previous households who moved out after exhausting all avenues from landlords, council & police. We resorted to banging back & blasting heavy metal all hours of the day & night to get the message across & it's worked to a certain extent. I would recommend recording noise on your phone, transfer the file to your laptop & listen to it with headphones.. you'll be surprised that it actually does pick up the noise whereas if you just play it using your phones speakers - you won't hear anything which means you'll think you have no evidence but in actuality you do. Keep reporting stuff to the noise team even if they do nothing as all of this will be useful eventually if you take further legal action & don't worry about annoying the noise team because that's their job. Keep persisting & it'll eventually work. If you get woken up - wake them up. If they blast music - blast your own. Unfortunately a kind word falls on deaf ears these days & some people only understand retaliation
Priestly - 17-Jun-21 @ 12:36 PM
i got a noisy neibour upstair they are orthodox i stay in my parenets flat by law it is on my name the above people are jealous and they tried to harass me in many way but i stood like a mountain when they did not get me in hand they tried to use grinding tool to grind spices on their floor underneath is theceiling of my house they made cracks and made it dirty at midnight they make tapping sound or simply put the grinding stone and make loud noise some time it distur b our sleep since as we are working and take rest after coming from office and doing house hold work eat and sleep i discussed with my friend they told that they are jealous and they express in their way mean while when i told the committe memeber in reverse they say that iam insane and ttry to brainwash every one from our building i understood that their intention is to get me rid from my house now please tell me how to deal with such toxic people though i knew their intentioni try to express my self to show that iam not madbut still they switch of their light and hit on the floor are they psy chos sir
sudha - 11-Apr-21 @ 12:51 PM
So I posted in Feb about my Edwardian flat and I thought I would jump back on to say the soundproofing has been life changing. The heavy thundering & creaking floorboards detailing the movement of the well built & heavy footed occupants of the upstairs flat on laminate flooring has been significantly reduced. Whilst I still hear them it's no longer like they are in my living room and whilst I can still smell their food when they cook (often) it's easily masked with an air freshner. I've gone from a nervous wreck constantly on edge driven by their noise to being fairly chilled out and so so so much happier. If you can afford it then get it done.Here's what the soundproofers did and the cost: as I couldn't lose much ceiling space 40mm - they ripped out the old ceilings/ put rockwool in/ added mini clips and bar and then I had a soundproof board also applied. Then plaster and paint. Total cost for two large rooms was £7500 so not cheap...What the work revealed (which I am pretty sure the leaseowner of the flat knew as she refused to address the issue around her flooring) is that the laminate flooring had been laid on top of poorly conditioned wood flooring & added to the fact there was ZERO insulation between the two flats, I was getting the full effect of the noise transference which had been significantly increased when her larger tenants moved in. Anyway, if you can afford it, get it done. It really does work. I hope this helps.
There is hope - 10-Apr-21 @ 11:31 AM
I totally feel everyone's pain !!. I moved into an apartment in December last year of which I own, i had to get out quickly as i was in an abusive relationship. The owner of the above apartment decided to let his apartment out to someone a week before i moved in. Initially the noise wasn't bad. Then on 27th February this year things changed loud music thumping on the floor banging on floor, stomping dragging furniture across floors and general loud noises. I politely asked the tenant to turn it down to which i got a response of "its not loud" to which i replied " come and listen in my apartment and you will hear it is loud, i can hear this above my TV" so he agreed to turn t down. Week later the noise levels were back up to where they were. I spoke to the management company and they agreed to speak to landlord, still no improvement. I managed to see the tenant in passing in the hallway and said politely "ooh whilst iv got you can you please turn your noise down its horrendous" to which in turn he hurtled abuse at me shouting etc. I decided then to contact my local council who in turn told me to report the harassment and intimidation to the Police, i did just that and they went to speak to him etc and that was that and nothing else they can do. I am now relying on the council to do something about this. After this my only option is to go to the courts and apply for an injunction. The management company wont get involved as they have said that they cannot do anything as its a private landlord. So what do management companies actually do ???? any additional advice would be good.
Cross1966 - 8-Apr-21 @ 8:32 AM
Has anyone taken their neighbour to court and won.? My neighbours above have wooden old floorboards,with no insulation underneath. The council, safer neighbourhoods etc couldn't care less. The neighbour has mental health and is making the most of causing us stress. My young children think there is someone in our home. It really disturbs them Can anyone recommend a good solicitor
Fed up - 7-Apr-21 @ 12:48 PM
The neighbours above me firstly flooded my bathroom, then continued to do it repeatedly even after complaints were made to their landlord(which was difficult as they never answered the door) Eventually after the ceiling fell through I was informed that I had to be moved to alternate accommodation for insurance which didn't happen for 6 months. During that time they were jumping up and down, banging walls, and making ridiculous noises all night. Complaints made, no response. I installed locks on the communal bins during the first wave of Covid. The bloke broke the lock and waved at the security camera. Anyway after being in alternate accommodation for 3 months I returned. In the key safe was a second set of keys belonging to them. Again I tried to return them (no response). I had to place them in their letterbox, and that took about 20 minutes as it would appear that they never use their letterbox(completely stuffed full)
AJay - 29-Mar-21 @ 3:52 AM
Moved in a second floor flat which was good until the noise from above heavy footsteps followed by extra bangs even worse wen kid stays playing football driving me crazy asked to get moved but said as I am on disability was on top of list but wud go to bottom if give up flat for something else don't know wat to do any advice wud be welcome thanks
Ste 29 - 23-Mar-21 @ 9:21 PM
I had this problem with the neighbours upstairs. I could hear almost everything they said... EVERYTHING... It was driving me mad. I don;t deal with this very good, Im scared of confrontation because Iheard them arguing and they are unkind to each other. when i spoke with them about the noise they denied it. their behaviour was very defensive. It was really difficult to communicate. They have still carried on, it feels as though they have no consideration for me. I wish I could move to somewhere peaceful in the countryside. Recently I bought some Bose 700 headphones. although they are expensive, they have so far been worth it because I cannot hear their voices anymore. This is the only thing that worked. I have also ear plugs which I used on a daily basis at nighttimes because of the noise. I am a student and I need silence to concentrate.
fed up - 19-Mar-21 @ 6:32 PM
We live in a former council building that still has tenants from the council. We have been here for almost 5 years and have kept reporting the many times the upstairs neighbour and her son who moved back last year throughout. They have parties even throughout lockdown. They’ve even had the nerve to come and complain to us 2 or 3 times, one of which the woman who is the tenant was still drunk. We have small children and they are also disturbed at night as are we. No idea what else to do as the council won’t take action other than sending letters saying everyone in the building should respect the times for noise. They don’t seem to get those letters though!
Dfk - 13-Mar-21 @ 11:47 PM
I have all these issues and have gone round in circles to try and get help - no one really wants to know as it’sa common problem. The effect it has on your health is an understatement. Flats/apartments/maisonettes should be demolished. It costs too much to move, a lot of money for soundproofing and years later you find you’re still living in hell. Possibly rent the property out if you can’t afford to move? It’s all difficult decisions. From one female who has aged 20 years over the last 9!!
None - 10-Mar-21 @ 4:59 PM
Upstairs flat, constant radio music, all day!! Can’t read or do my art. I have knocked and she just said, it’s not loud though. I know it’s loud because sound cancellation earplugs are not enough. I’ve tried to be polite but I am loosing patience, I was happy here until this started around 4 months ago! No answer other than moving, which makes me extremely angry as I loved it here, overlooking the water. Any ideas anyone?
Angie - 8-Mar-21 @ 4:43 PM
Our neighbour upstairs is driving us absolutely mad. We live in a big house converted into flats. Everything here is perfect in terms of work distance, shops, size etc. We moved in 6 months ago. Only problem is landlord told us the lady upstairs wanted our flat as it had access to the garden and she never got it. For the past few months she has let her 3yo daughter run everywhere (which we didn’t complain about or mention) and then she started blasting music, now she herself, the 30 something year old mother has resorted to also jumping on her floor during the daytime! At 1am last night she decided for no reason to stomp around every room just to wake us up because she knows we both get up at 5am for work. The landlord said he will tell the letting agent to send her a letter but apart from that not much can be done apparently. It’s ridiculous!
Liya - 7-Mar-21 @ 12:23 AM
We are not alone! It is nice to know that we are not the only ones suffering with these issues, as unfortunate it is for everyone that has to deal with this problem. We are having massive issues with the flat above ours. Very similar to posts mentioned here: laminate flooring, toddler running wild, washing machine vibration, drainage noise and heavy footfall are the most frequent as well as dropped objects quite often. Has anyone managed to find a solution to this? We live in Scotland. I've offered to pay for soundproofing underlay mats to be installed, a mat for the washing machine and even carpet but neighbour is not interested. I've contacted the council, local councillor and MSP, the building company but no one cares and no one is willing to do anything. Is it worth seeking legal advice, is there anything in law that would even help us? With lockdowns forcing us to be inside all the time, I am at my wits end. It should not be allowed, the impact on us is so huge. People like to refer to "acceptable living noise" as an excuse for it, but what we have to deal with is far beyond that.
Mike - 1-Mar-21 @ 12:26 PM
My flat is a converted first floor Edwardian flat. Five years ago, the leaseholder above moved out and replaced her flooring to laminate (there is nothing in the lease opposing this) At first it was okay. Her tenant was considerate but the washing machine thundered through my ceiling and made my windows rattle and her tenants usage was extreme starting in the early hours every day and ending at 10 -11 every night. I asked the leaseholder if we could agree on some rules around the usage of loud appliances and perhaps I could buy a sound proofing mat to go under the washing machine. I was told that washing machine usage was perfectly natural given the working times of her tenant,she accused me of lying about the noise and she refused to fit the sound proofing mat. I offered her the chance to come into my flat to witness the noise but she refused. When her tenant moved out, two new tenants moved into the flat and the floorboards started to creak really loudly, soI got back in contact with the leaseholder and informed her of the new development & I was told I was sensitive to noise and creaking was natural in an old house. She also said that it wasn't her flooring but the building joists.I suggested buying rugs and mats (which I offered to pay for) and she went ahead and bought some but did not share what she bought with me. It didn't work and the loud creaking continued...I then suggested I pay for any work in her flat to correct the situation (as I had contacted sound proofers and all had said it would be more effective to deal with the creaking at source) but she refused and got incredibly aggressive about it. I suggested mediation. She said no. So I contacted the freeholder around the nuisance clause & asked their advice. I don't think the leaseholder is the type to do anything they don't want to do whether it's me or the freeholder. She seems very fixed on the issue is mine not hers and I sense she has spoken to some lawyers.I told the freeholder I was considering soundproofing from my ceiling & they suggested that it may well be the best option knowing the leaseholder and also the law ...So,I am now doing that. It has been the most horrific and emotionally draining experience to deal with someone who has been so unreasonable. There needs to be better laws around this... Fingers crossed the soundproofing works. It is costing £1000s
Distraught and tired - 16-Feb-21 @ 10:24 PM
We have share of freehold and lived in the basement flat with a patio leading onto communal gardens. We have been here for 24 yrs. The new owner of the flat above have sent very forceful letters threatening to take us to court for having an occasional cigarette on our patio. They have also complained about our BBQ saying his wife is a vegetarian and dislikes the smell of meat. They have now got the building management company to look at changing our lease to stop us from using our garden as they don’t like the noise . The flat above them has a roof terrace and are not living there full time. How can we stop the new leaseholder from making me feel intimidated in our own home ?
Pattie - 16-Feb-21 @ 10:31 AM
@Cw11 can I ask what legal measures you will take? We bought our flat without knowing the flat above is a council flat and the people there are anti social. Sleep all day, up and partying all night. Nothing I tried worked, even complained to the council and police. When the police came they just did not open the door and that was that, the police left. But after 2 years of being woken up multiple times a night, if I can even fall asleep, it's getting to us. I've tried looking into legal action but every lawyer I spoke with only mentioned writing them letters.
CrisC - 13-Feb-21 @ 11:21 AM
Hi I am having a similar problem and it’s driving me mad I live in a house with 3 flats I’m in the middle every night at 10 pm does it start neighbours upstairs banging talking things dropping on floor tv on loud constant noise. Iv tried telling my landlord and get accused of moaning carpet went down today but it’s just as bad. This is happening every night Iv tried recording the noise so someone actually believes me but my phone doesn’t pick the sound up it goes on for a couple of hours but it’s constant and happening on a regular basis I text them when they get to loud and Iv tried to speak to them about noise but they don’t agree there’s a problem this is really getting me down and I can’t cope no more I have 4 months left on my tenancy agreement but I just want out
Joz27 - 31-Jan-21 @ 1:39 AM
Hi all, My husband and I are desperate since when we moved last year in a newflat for working reasons. It’s a building with sever flats and we are on the first floor. When we moved in the condition of the flat was very poor but because we needed to move near our working place we decided to pay with our money for a new carpet and for the walls decoration. We rented the flat with the view to live here for at least 4 years . When we moved in ,apparently ,the estate agent didn’t know ( he said) that the flat above us is a B&B so he didn’t mention us about it. The day we moved in (two days before the first national lockdown )we realised that we could hear a lot of footsteps above , vibrations and noises of furniture moving around ... We thought that probably another family was moving upstairs...but we were so wrong! Only after several days we realised the noises were going on and on every day...like no one was settling in instead was just living like no one was below!! It took us about a month to figure out that the flat upstairs is a B&B where they had the great idea to stripped off the carpet and to use instead a very cheap laminate floor even knowing thatthere is not soundproofingin the building..!!!! Of course when someone rent the flat upstairs it’s a nightmare for us because every guest has different habits so sometimes you have those who jumps ,runs ( if there are kids), heavy walking and our living room and cabinets kitchen shake like there is a train running up there!! We write complaints since an year about this terrible situationmeanwhile the pandemicand the lockdown are forcing us to stay all day at home with guests upstairs coming and going like they are on holiday instead...! We wrote to our estate agent, to the landlady of the flat upstairs, to the building manager... They onlybuy some time saying this and that but no one is taking action because they simply don’t care! We tried and tried to make them understand how stressful is our life right now adding to the pandemic also this problem ... Our financial situation is not easy ,like for many families in this difficult time, so even if we would love to leave this awful place we can’t! It’s too expensive to move again after only an year plus we paid £1500 to change the carpet and to decorate the flat planning to stay at least 4 years... Some friends suggested us to record the noises and we tried with our mobile but it doesn’t work because it’s a noise the phone doesn’t record properly not giving the real sense of the issue especially about the vibrations. We went upstairs so many times in the last 12 months asking to some of the guests to be reasonable quite during their stay but some of them turnedin an argue because of course they will stay only few nights just to enjoy the sea view doing whatever they like not caring about us living with this problem downstairs every day. We feel exhausting... and desperate especially because those they supposed to hel
Kikka - 20-Jan-21 @ 12:18 PM
Hi all, My husband and I are desperate since when we moved last year in a newflat for working reasons. It’s a building with sever flats and we are on the first floor. When we moved in the condition of the flat was very poor but because we needed to move near our working place we decided to pay with our money for a new carpet and for the walls decoration. We rented the flat with the view to live here for at least 4 years . When we moved in ,apparently ,the estate agent didn’t know ( he said) that the flat above us is a B&B so he didn’t mention us about it. The day we moved in (two days before the first national lockdown )we realised that we could hear a lot of footsteps above , vibrations and noises of furniture moving around ... We thought that probably another family was moving upstairs...but we were so wrong! Only after several days we realised the noises were going on and on every day...like no one was settling in instead was just living like no one was below!! It took us about a month to figure out that the flat upstairs is a B&B where they had the great idea to stripped off the carpet and to use instead a very cheap laminate floor even knowing thatthere is not soundproofingin the building..!!!! Of course when someone rent the flat upstairs it’s a nightmare for us because every guest has different habits so sometimes you have those who jumps ,runs ( if there are kids), heavy walking and our living room and cabinets kitchen shake like there is a train running up there!! We write complaints since an year about this terrible situationmeanwhile the pandemicand the lockdown are forcing us to stay all day at home with guests upstairs coming and going like they are on holiday instead...! We wrote to our estate agent, to the landlady of the flat upstairs, to the building manager... They onlybuy some time saying this and that but no one is taking action because they simply don’t care! We tried and tried to make them understand how stressful is our life right now adding to the pandemic also this problem ... Our financial situation is not easy ,like for many families in this difficult time, so even if we would love to leave this awful place we can’t! It’s too expensive to move again after only an year plus we paid £1500 to change the carpet and to decorate the flat planning to stay at least 4 years... Some friends suggested us to record the noises and we tried with our mobile but it doesn’t work because it’s a noise the phone doesn’t record properly not giving the real sense of the issue especially about the vibrations. We went upstairs so many times in the last 12 months asking to some of the guests to be reasonable quite during their stay but some of them turnedin an argue because of course they will stay only few nights just to enjoy the sea view doing whatever they like not caring about us living with this problem downstairs every day. We feel exhausting... and desperate especially because those they supposed to hel
Kikka - 19-Jan-21 @ 11:35 PM
Noise from new wooden/laminate floor installed above is intolerable. Noise from altered plumbing pipework & waste pipe alterations is intolerable. Noise at 03.30 am water running dragging something out of bathroom. Stiff windows being opened in order to vape, hearing them banging shut again, cupbord doors banging, outside door banging then obviously forgot something so the outside door bangs again 04.30 am quiet. 05.00 am water running, 05.30 very heavy plodding footsteps 06.00am singing and all sorts of banging about. Laminate or wooden floors should be banned in conversions or flats because it is a living nightmare for the person living below.
Minnie Mouse - 13-Jan-21 @ 1:44 AM
Family living upstairs with two kids. Always shouting. Kid running along the ceiling. From the moment kid wakes he makes a humming n growling noise.It s getting to me i bang the ceiling play music to drown it out.
Shell - 12-Jan-21 @ 10:24 PM
We have a family upstairs dad n two kids .Boy n girl.. One of the kids keeps humming and growling.From the time he gets up to bedtime. Its really getting to me
Shell - 12-Jan-21 @ 10:20 PM
Hello , Reading your comments above I am i the same desperate situation , my neighbour in the bedroom. Above mine as a concrete floor, I informed him he woke me up several times in thenight. His reaction was so what I can bear you all day long. Since then he has purchased a metal bedframe and scraps the bed back and forwards all night long. The council are reluctant to help. Has anyone been in a similar situation and take legal action.
Laura - 1-Jan-21 @ 5:51 PM
I moved into a council flat and it is a semi detached property with four flats, I hear nothing from the side flats but the upstairs is terrible. Walking about, talking,banging, dropping things on the floor, constantly. I have spoken to them and they are father and son and have never worked, spend 24/7 in the flat, driving me mad on the odd times I have a day off and when I’m home from work. I went as far as paying for a carpet for them that cost me £300 and thankfully went quiet for some time and then, it appears to be when the father is in a mood, the banging starts again! I went to the council and they refused to do anything about it, saying if I want to soundproof the property I have to pay?? £1200 for one room! I had the ceiling checked as the builder who came said he had spoken to the council and the ceiling should be concrete?? He drilled a hole in the ceiling and from the plasterboard to his floor it is hollow and the above floor timber with odd concrete strips, so that’s why I hear the noise. Is they anyway that the council should be responsible for soundproofing?
Bex - 31-Dec-20 @ 9:53 AM
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