Couple win noise row with upstairs neighbours who ripped up carpets

RockedBuzz
By RockedBuzz 7 Min Read

Millionaire neighbors clash against the family upstairs who ripped up carpets

Sergey Grazhdankin, 42, and his spouse, Maria, (left) sued Medhi Guissi (proper) and his spouse Meriem El Harouchi (Picture: Champion News)

A businessman and his spouse have gained a multi-millionaire court docket battle towards the City banker who lived upstairs after they complained the racket his younger household revamped the creaky floorboards was ‘insufferable’.

Sergey Grazhdankin, 42, and his spouse, Maria, sued Medhi Guissi and his spouse Meriem El Harouchi over the ‘nuisance’ attributable to the noisy flooring at their gated artwork deco improvement in West Kensington.

They claimed day by day life of their £1 million flat was ‘torture’ when their new neighbors moved in upstairs and tore up the carpets, changing them with picket flooring.

Grazhdankins informed Central London County Court {that a} floating acoustic barrier designed to masks any noise had been fitted incorrectly, and the decide later agreed it was as helpful as ‘a chunk of plywood’.

The choice signifies that Mr Guissi and Mrs El Harouchi must pay £16,087 in compensation, in addition to paying a big a part of the £250,000 attorneys’ payments for the case.

Mr Grazhdankin and his advertising and marketing supervisor spouse moved into their fourth flooring flat in Fitzjames Lane in 2011 earlier than their neighbors purchased the upstairs flat for £1.1m in 2018.

Before this, the Grazhdankins household had an previous girl dwelling above them and she or he informed the court docket that they hardly ever heard any noise from them upstairs, other than the occasional knocking on the door.

In a press release written on the time and introduced to the court docket, Mr Grazhdankin mentioned that after a yr dwelling in Germany, he and his household moved again into the flat in August 2020.

Champion News Service Ltd news@championnews.co.uk Tel: 07948286566 / 07914583378 Sergay and Maria Grazhdankin are pictured outside Central London County Court.

Sergay and Maria Grazhdankin exterior Central London County Court (Picture: Champion News)

Champion News Service Ltd news@championnews.co.uk Tel: 07948286566 / 07914583378 The picture shows Medhi Guissi outside Central London County Court.

Medhi Guissi exterior Central London County Court (Picture: Champion News)

He described how altering the format of the upstairs flat, transferring dwelling areas above bedrooms, made issues even worse.

‘During the week, we’re woken up day by day between 5.30am and seven.30am by the noise above and we hear the ground making creaking noises, strolling noises and the sound of furnishings being moved simply above our main bedroom,’ he mentioned.

‘At the weekend we’re woken up between 7am and 8am strolling, clapping, leaping sounds, operating and voices.

‘During the day, all through the week, there’s a number of noise of the identical sort, creaking flooring, strolling, dropping issues on the ground, transferring issues on the ground, kids crying, shouting and voices.

‘This is especially skilled between 2pm and 10pm.

‘All in all, dwelling in our flat looks like dwelling in a shared flat with one other household. It is unattainable to have our peace and reside in our personal rhythm.’

From the witness field he mentioned: ‘This has been torture day by day since we moved.’

His spouse mentioned the one time they’re free from the noise upstairs is after Mr Guissi and his household go to mattress, which may be after 10pm at night time, leaving the Grazhdankins to depend on the day by day schedule of their neighbors.

‘We reside with our neighbors in essentially the most direct method as a result of we’re at all times disturbed by the sounds of their day by day life of their flats,’ she mentioned in a press release.

‘We can routinely inform not provided that they’re at dwelling but additionally precisely who within the household is at dwelling, what room they’re in and typically what kind of exercise they’re doing.

‘It feels miserable as a result of I do not really feel privateness, peace and quiet in my own residence.’

Mr Guissi and Mrs El Harouchi finally had carpets put in in most areas of their flat, however Mr Grazhdankin proceeded with the ‘nuisance’ declare towards them.

Defending them in court docket, their barrister Tom Morris mentioned that what the Grazhdankins complained about was the noise made by the actions of the ‘atypical residence’ of the household dwelling.

‘The actions should not accomplished maliciously or with the intention of disturbing the claimant, however with cause and due consideration for the good thing about the claimant,’ he mentioned.

Ruling in Mr Grazhdankin’s favour, Judge Tracey Bloom mentioned the couple have been ‘clearly distressed’ by the noise from upstairs, even the lowered sound they now have after laying the carpet.

She mentioned: ‘I’ve no cause to doubt the expertise of Mr Grazhdankin and his spouse that the noise was not insufferable for them.

‘I’m fairly happy and settle for the proof of all of the specialists that the ground was put in incorrectly.

‘The impact was that the layer that ought to have supplied an acoustic barrier was pushed and the effectiveness of the ground was successfully nullified.

‘It was no higher than a chunk of plywood throughout the ground.’

The decide mentioned Mr Grazhdankin is entitled to damages for 4 months in 2020 and 5 months in 2021, the intervals when his neighbors have been within the UK and never stranded overseas resulting from Covid restrictions.

He awarded £16,087.50 in damages to Mr Grazhdankin for these intervals, however mentioned the noise they now expertise doesn’t quantity to an ‘actionable nuisance’.

He dismissed nuisance and breach of covenant claims additionally they introduced towards the constructing’s freeholder, North End House Ltd.

The case will return to court docket at a later date to resolve which a part of the attorneys’ payments for the case the events must pay.

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