Landlords and noise complaint

Joel103

Hey all, just looking for a bit of advice. I'm currently a student and live in a city centre flat, renting from a very big student accomodation provider. The building I live in is smack bang in a city centre, the landlords own the building, except from the basement and ground floor. Two months ago I learned someone had bought the basement and ground floor to turn it into a club and restaurant. I live on the first floor, directly above the club and future restaurant.

The club was granted a 6AM! license on Friday and Saturday nights, it's recently opened up. During the week the noise coming from there into my room is minimal, however late on Friday and Saturday nights the noise is just too much. It's a live music venue. This past Friday and Saturday night the noise kept me up for a fair while when trying to get to sleep and woke me up during the night. On the Saturday night after eventually getting asleep the noise from the club woke me up at half 4, I threw some pyjamas on and trudged down to the club in the cold to speak to the manager. I saw the owner who did seem quite concerned, he did say that it had been sound proofed and our flats had been tested and found to be silent, he took my name, flat number and phone number and said he would come up on Sunday and test the sound.

I had no call or knock on the door or anything, nothing in the past couple of days either, I know he's been there as I've seen him opening up everynight. Because he hasn't got back to me I've now reported him to the council for the noise, my rent payment was due to leave my account on Monday and I've canceled that, I refuse to live somewhere if I can't sleep on Friday and Saturday nights. I've emailed my landlords informing them of everything, telling them I would not be speaking to the owner again because he's had the chance to sort it out with me but not bothered and I've asked the landlords to sort the issue out.

I've had an email back today basically telling me that they've spoke to the club owner who wants to get it sorted and that he said he's meeting with a sound insulator soon. The email did say though that when the music is too loud, being late on friday and saturday nights I should go and get the owner from the club as he's agreed with to come up and listen to the noise. The email said I should go and see him and let them know what happens (them being my landlords).

Now I see this as properly bang out of order, the rent on this place isn't exactly cheap and I see the onus on my landlords to make it fit for living in, I don't think it's fair they expect me to jump through hoops to speak to the owner about it when he's already failed to do anything about it. It's exam period at the minute and I'm stressed out enough as it is, I really can't be fussed with all this, what options do I have? Is it out of order for me to expect the landlords to speak to the club? I have no qualms withholding rent or just packing up and leaving if it comes to it, the way I see it the club owner has invested a tens of thousands of pounds into his place and at the end of day he'll do whatever he can to keep it as it is, I don't see it as my job to fix the noise problem.

BitterAndTwisted

If you've signed a tenancy agreement I would advise you not to consider withholding the rent or moving out thinking that you won't have to cover the rent for the entire contracted term.

Have you contacted Environmental Health? Presumably this business need planning permission or a licence which can be revoked IF enough people complain through official channels

Jowo_2

I'm not aware of any legal obligation for a landlord to be an intermediary between tenants and neighbour noise disputes. The landlord could accept this request even if he's not responsible on the grounds that he'll have a hard-to-let property so it might be in his best interests to act with you against the club.

Other posters may be able to tell you if you have any grounds to claim your tenancy has been frustrated, though this appears to be out of the control of your landlord.

If, however, you don't have legal grounds to terminate the tenancy and you do withold rent or abscond from the property, your landlord will be able to take you to court for anything in excess of the deposit.

At the very least, (or in the meantime until someone comes up with a legal route out), why don't you ask your landlord if he will give you permission to surrender your tenancy. If he consents, ask for it in writing.

Heliflyguy

If your tenancy agreement allows move out although that could be a month or two depending on you tenancy, I doubt sound proofing would stop the noise to an extent where you are not aware of it and you dont need the hassle of sorting this out with the club/landlord, sounds like they are already giving you the runaround.
Maybe someone can advise on how quickly you can move.

clutton_2

if you leave now you will be responsible for the rent till the end of the fixed term of your agreement or until the LL can get another tenant - which ever is the soonest - most unlikely LL will get a new tenant at this time of year, so you could face a huge rent bill plus your landlords court costs .... and a CCJ

re getting it sorted - i am sorry that you have this problem, i would also be very annoyed, but just because the club manager did not meet one appointment you have thrown your dolly out of the pram and sound like a spoilt child

""The email did say though that when the music is too loud, being late on friday and saturday nights I should go and get the owner from the club as he's agreed with to come up and listen to the noise. The email said I should go and see him and let them know what happens (them being my landlords)............ I don't think it's fair they expect me to jump through hoops to speak to the owner about it when he's already failed to do anything about it. ""

If you want this fixing, then the ONLY way for the club owner to find out the issues is for him to be in your flat when the noise is loud......

this noise has NOTHING to do with your LL - but they seem to be acting as an intermediary to do everything they can to assist you ... the least you can do is to cooperate......

welcome to the adult world by the way - its full of challenges and problems and things that annoy us ... we all have to find a way to deal with difficult neighbours and we all have important things to do in life, even if they are not exams

BitterAndTwisted

One possibility might be to talk to your landlord and find out whether there are any vacancies higher up in the building which you might be able to move to. It's worth asking although as your landlord does not own the ground-floor premises, it's not really their problem.

Talk to the other residents and find out whether they might be interested in lodging a complain with the licensing authority

Joel103

clutton wrote: »

if you leave now you will be responsible for the rent till the end of the fixed term of your agreement or until the LL can get another tenant - which ever is the soonest - most unlikely LL will get a new tenant at this time of year, so you could face a huge rent bill plus your landlords court costs .... and a CCJ

re getting it sorted - i am sorry that you have this problem, i would also be very annoyed, but just because the club manager did not meet one appointment you have thrown your dolly out of the pram and sound like a spoilt child

""The email did say though that when the music is too loud, being late on friday and saturday nights I should go and get the owner from the club as he's agreed with to come up and listen to the noise. The email said I should go and see him and let them know what happens (them being my landlords)............ I don't think it's fair they expect me to jump through hoops to speak to the owner about it when he's already failed to do anything about it. ""

If you want this fixing, then the ONLY way for the club owner to find out the issues is for him to be in your flat when the noise is loud......

this noise has NOTHING to do with your LL - but they seem to be acting as an intermediary to do everything they can to assist you ... the least you can do is to cooperate......

welcome to the adult world by the way - its full of challenges and problems and things that annoy us ... we all have to find a way to deal with difficult neighbours and we all have important things to do in life, even if they are not exams

Do you just not like students or do you always come across as rude and grumpy? You might find it acceptable being kept awake Friday and Saturday nights but I do not intend to bend over and take it, if the owner cannot be bothered then I'll make things as difficult for the club as possible, I don't want to move out but I didn't cause the problem and I sure as hell don't intend to have to run after the owner about it.

Cheers for replies everyone else though, keep em coming.

clutton_2

""I don't want to move out "" - well in that case you will have to cooperate with the club owner in an adult fashion

""I do not intend to bend over and take it"" i am not suggesting you do...

i am suggesting that you calm down, accept that this is YOUR problem (not your landlords) and if you want the manager to help you - adopting this attitude simply will not faciliate a speedy result

invite him in on Friday night so that he can hear for himself what the noise level is.... noise is a VERY subjective issue .. and until he hears it how can he know ?

i do not have a dislike for students.. but i do have a dislike for folks who wont help themselves.....

when you post on a public forum you will get views you like and views you dont like..... each may / may not have validity

planning_officer

Check the planning permission decision document (on the council's website - for the change of use to a nightclub) for any conditions relating to noise levels - they may restrict noise to a certain dB level outside the club, or a condition may require a noise insulation scheme to be fitted - which may not have been. Then follow this up with the Council's planning enforcement team, if there are any such conditions. If any such conditions are not being complied with, then it's the club owner's responsibility to sort this out, not yours.