Loud restaurant below us... advice please

clareweezy

Hi guys, I am after a little bit off advice. We moved into a flat above a restaurant last May, we love the flat so much, it is just our flat and the restaurant owners flat above the restaurant.

The first few months on the 4th Friday after we moved in the restaurant owner would knock our door to let us know he would be having karaoke down there after closing, it used to do our head in but it would usually end about 1am and I thought we could hardly complain seeing as he had warned us in advance but now it is almost every Friday and it is so loud, even with earplugs I can hear it and it is going on to roughly 4 o clock and he doen't bother to warn us anymore either.

It has me in tears but my husband says it will make things awkward if we were to speak to him about it so we usually start arguing because I want him to go tell them to turn it off/down.

The main reason it bothers me is because I work upto 14 hour shifts, often not getting in until 10pm and can be up for work again at 5pm so it really upsets me.

I am getting so annoyed now I am starting not to care if things are nasty between us anymore, they are only supposed to be open 6-10pm which is what we were told when we viewed the flat as it was a concern of mine.

I have decided I wont put up with it anymore and I just want to check if I am within my rights to tell him to turn it off. Would he be able to get licences for such loud music with a residential flat above? At what time is it that noise complaints must be taken serious?

Sorry for rambling but it has just started and I am getting so angry.

amcluesent

Are you renting or have you bought the flat?

whitewing

Did you buy the flat or do you rent it? (May slightly affect your action)

epsilondraconis

I'm sure someone will be along with more information; however the following may be something to read through whilst you wait.

http://www.direct.gov.uk/en/HomeAndCommunity/WhereYouLive/NoiseNuisanceAndLitter/DG_10029682

magpiecottage

I suggest you contact the environmental protection team at your local council for advice in the first instance.

They will probably be able to establish what the restaurant is and is not allowed to do.

clareweezy

Hi, thanks for the reply, we are renting

whitewing

Could you have a chat with your landlord? He may be able to do something about it without you having to make it a big issue?

Mankysteve

Play a !!!!!! vid at top volume, when he got his normally customers in. Joking aside Dirt is right

amcluesent

Well at least you know you can walk away, unlike a home owner!

Is the restaurant owner also your LL? I'd say that as soon as you speak to council etc. a Section 8 will land on the mat.

anotherginger

your right to the quiet enjoyment of your property is the same whether renting or owning.

ring the environmental health team regarding the noise, and the licensing enforcement team about the hours of opening combined with the noise issue. start keeping a diary of the dates and times, and the effect that the noise has on you, as its likely that environmental health will want this anyway.

noise complaints can be from any time of day - its a combination of a number of factors which will determine the action, if any, that the council can take. the main thing is that the noise has to have an effect on you, for example, stops you from sleeping, makes you go out etc.

Alan_M_2

Quite frankly I'd move, infact I did move from a flat that I loved when the upstairs neighbours removed all their carpets and fitted laminate flooring.

It was living under a herd of elephants and was intollerable.