If someone acts in such a way so as to interfere with a person's right of quiet enjoyment of their property they commit the legal wrong (known as a
tort) of nuisance. This is actionable through the Court. Such remedy would probably be available to you. However there are drawbacks and the main ones are cost, delay, and the general complexity of what would be a full blown Court action. Because of this and what is by no means an uncommon problem, the government brought in what was intended to be a quick and easy solution
for noisy neighbours. This involved the local authority investigating complaints and where appropriate obtaining Court orders on your behalf.
That is how it should work but the problem is that local authorities are not able to devote sufficient resources to this problem which does not rank very highly on their priority list. Thus they have a statutory duty to act but whenever possible will sweep the problem under the carpet. I suspect this is what has happened in your case. The police are only likely to assist in the most extreme of cases and again are unlikely to prioritise your problem
very highly.
So where does this leave you. You could, and indeed should, continue to pressurise the local authority. The difficulty however, even if you could persuade them to take action, is that this action would be against the upstairs tenants and it is quite probable that they would leave the property
either before or soon after any order was obtained. They could then be replaced by equally obnoxious tenants and you would have to start all over again.
I believe that your best if not only practical option is against thelandlord. It would seem from what you say that he is well and truly in breach of his covenants under the lease. If this can be shown you are entitled to damages, the costs of any Court action made necessary, and an injunct ion to restrain any further breach.
The cost will depend upon what action the landlord takes. Your first step must be a careful examination of the lease to determine what breaches of covenant have occurred. This should then be put in a strongly but carefully prepared letter before action to the landlord with a copy to his agent. There is an option here of registering a caution against the landlord's title to the property if such would be likely to put additional pressure on him.
It is possible that this would cause the landlord to be more careful about the tenants he lets in and make sure they behave. It is likely that if use is restricted to one family rather than sharers any future nuisance would abate. The cost of this should not be excessive.
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• Get a divorce
• Have contact with my children
• Make a small claim
•Write a letter of claim
•Obtain a Grant of Probate
•Get legal advice and help with my case
•Make a Will
•Change my Name
•Prepare a legally binding agreement
• Sever a Joint tenancy
• Prepare a Partnership Agreement
• Sell a Jointly owned Property
• Appoint a Guardian for my children