Extreme noise problems in rented accommodation

tenant1

We have recently moved into a rented property and have had persistent problems with noise coming from the different businesses that we are surrounded by. These include night workers and persistent machinery noises. We have spoken to the businesses and they are refusing to stop making the noise.
We have recently found out that the previous tenant had complained about the noise to both the landlord and estate agent and we were not made aware of this before we moved in.
We have asked the landlord (who manages the property) and the estate agent what our options are. At first the landlord said that we could move out penalty free but now they are saying that we would have to pay the fee that they would have to pay to the estate agent to re-market the property.
Please does anyone know what our rights are in terms of whether we should have to pay this fee considering that the flat is in major need of soundproofing and is practically impossible to live in? Is it the landlord's responsibility to put in sound proofing?

Any help would be really appreciated.
Thanks!

lynzpower

Hi there

For noise complaints, if you have taken it up with your landlord and they are not interested you should call your local Environmental Health Service at your local council.

they will look at two aspects:

1) Whether the noise caused by the businesses constitutes a nuisance and they have tools to abate.
2) Whether the property you live in is adequately soundproofed? If not they can approach the landlord and ask ( or order) them to increase the proofing to make the property acceptable.

Welcome to MSE :wave:

nikki_angel

They are within their right to charge the full rental rates until the end of the tenancy, to charge just the re-letting fee I'd say you're getting off lightly. However, did you get anything in writing to say that you could leave without penalty?

may_fair

tenant1 wrote: »

Please does anyone know what our rights are in terms of whether we should have to pay this fee considering that the flat is in major need of soundproofing and is practically impossible to live in? Is it the landlord's responsibility to put in sound proofing?

Was the property described as quiet etc in the details? i.e. was it misrepresented to you?

Are the adjoining business premises part of the same freehold or completely separate neighbouring buildings?

lynzpower

Was the property described as quiet etc in the details? i.e. was it misrepresented to you?

To be fair, this doesnt have any bearing.

All rented property must not be prejudicial to health.

G_M

If you move into a property next to an airport, you must expect aircraft noise. If you move into an area with (industrial?) businesses, you must expect business noise. If you move into a city centre High Street you must expect late-night pub noise.

However if the noise is excessive Environmental Health can take action.

tenant1

thanks very much for your responses. The landlord had told us he would let us break contract without fee in writing (email), but that was before the agnecy had told him they wouldnt allow this. It is a terraced building that we live in, the businesses are on the other side of the walls of our flat

But we are also curious to know that If we do leave the property, fee or not, would the landlord and agency then be obligated to look into these issues before they were to let the property out again, since compalints had been made? Or could they just relet as normal?

If we stay do they have any legal obligations to look into helping us address the issues without us resorting to einvironmental health?

We will look further into contacting environmental health over this.

Callie22

We had a very similar problem in a rented property and in the end, we left at the end of the contract. When we got the Environmental Health Officers involved the LL got extremely nasty and made our lives an absolute misery - we were left with no choice but to leave, as the constant noise and hassle was starting to affect our health. It's worth just being aware that complaining might make things more uncomfortable for you, as these tend to be battles you can't really win.

We made a complaint to the Ombudsman with regard to the Letting Agent, as there were numerous issues with them and we felt that they had completely misrepresented the property by describing it in their literature as 'a quiet house in a quiet location', despite the fact that we found out there had been previous complaints. We were told by the Ombudsman that any property can be described as quiet even if it isn't, as it is not a term with any meaningful use and simply refers to the general geographic location. So, according to them, the LA hadn't misrepresented the property. We thought that this was total bovine-poo, but that's what the Ombudsman said and they didn't uphold our complaint.

lynzpower

tenant1 wrote: »

thanks very much for your responses. The landlord had told us he would let us break contract without fee in writing (email), but that was before the agnecy had told him they wouldnt allow this. It is a terraced building that we live in, the businesses are on the other side of the walls of our flat

But we are also curious to know that If we do leave the property, fee or not, would the landlord and agency then be obligated to look into these issues before they were to let the property out again, since compalints had been made? Or could they just relet as normal?

If we stay do they have any legal obligations to look into helping us address the issues without us resorting to einvironmental health?

We will look further into contacting environmental health over this.

They do have legal obligations but EH will be the people to enforce them.

Yes they can relet the property no problem without EHO being involved. They dont need to do anything unless enforced.

BTW airport noise is regulated elsewhere and noise is on of the main reasons why for example there are no flights at certain times or the amount of flights may not go above a certain number.

I have lived under as flight path (manchester) and Manchester siport paid for all properties to have double galzing within a certain area to mitigate the noise issues and the impact on health.

lynzpower

Also Tenant. I know that the EHO will probably ask you to start a diary of the noise. they may give you diary sheets to fill in.

If you havent started one already, I recommend you start today, your own paper/ IT based recording is fine.

ILW

Much would depend on what is meant by extreme noise.