Extreme noise problems in rented accommodation

lynzpower

Yes quite which is why Tenant needs to do a diary.

may_fair

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.

The agent acts on behalf of the landlord; it's the LL who tells the agent what to do, not the other way around.

It is a terraced building that we live in, the businesses are on the other side of the walls of our flat

Then your only option is to report the alleged noise nuisance to the local authority. The council will take action against the businesses causing the noise if they find that the noise does comprise a nuisance. They will not take action against the LL. The LL has no liability for the actions of your neighbours, and no obligation to install soundproofing.

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?

The LL/agent would have to tell the truth if specifically asked by a prospective T whether there were any problems with noise etc, but have no obligation to disclose it if not asked.

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

No.

tenant1

ILW wrote: »

Much would depend on what is meant by extreme noise.

On one wall we have a lot of machinery drone/buzz/vibration. it goes on for up to 16 hours a day, from when the business opens until it closes late at night. It gets progressively louder throughout the day. The manager has even been around to hear for himself and agrees it is a loud problem but is at a loss for what to do (we share the same landlord)

through the other wall we have night workers listening to music and talking, which you can hear almost as well as them being in the room. this goes on from around 1-7am

RAS

Have you checked with the Planning Office that both premises have planning permission to run as businesses?

ajs88

for the last year i have been going through the process of stopping a noisy neighbour with the help of the local councils noise team, they have been very good however it is a very long and slow process and one that i am only going through because i had the misfortune to buy the place

if i were renting it i would have declared the property uninhabitable and a danger to my health, taken the keys round to the estate agents and demanded all my money back, probably not get any back but after threatening to report/sue hopefully leave without any outstanding fees

this is probably not the best legal advice you'll get but trust me this is one of the worst problems you can live with and it takes a long time, a lot of effort to solve and can put a tremendous strain on your health and relationship, leave it to the LL to solve and get out quick

tenant1

may_fair wrote: »

The agent acts on behalf of the landlord; it's the LL who tells the agent what to do, not the other way around.
No.

the landlord said that if we break our contract the agency still requires a 'pro-rata' fee, and a charge for relisting the property. He has said he would halve the cost of this fee with us as a gesture of good will, and that most landlords wouldnt offer this.

lynzpower

. The LL has no liability for the actions of your neighbours, and no obligation to install soundproofing.

Sorry this isnt true. the Authority I am involved with has a couple of cases just like this on the go where LLs are intstalling soundproofing.

You cant have a property "unfit" for habitation anymore, it is whether the noise contributes to a Category 1 or 2 hazard under the HHSRS http://www.communities.gov.uk/publications/housing/hhsrsoperatingguidance

If it does pose a category 1 ( or 2) hazard then the EHO may either a) issue improvement guidance or notice, or b) prohibit the propertys use. Prohibition though is fairly rare.

lynzpower

tenant1 wrote: »

the landlord said that if we break our contract the agency still requires a 'pro-rata' fee, and a charge for relisting the property. He has said he would halve the cost of this fee with us as a gesture of good will, and that most landlords wouldnt offer this.

in this case, the landlord might want to simply swallow these fees, if hes happy top let you go. Not something that should be paid by the tenant in my view.

may_fair

lynzpower wrote: »

Sorry this isnt true. the Authority I am involved with has a couple of cases just like this on the go where LLs are intstalling soundproofing.

Council may serve a notice/make an order, and a LL may choose to comply, but it doesn't follow that the the council would win if the LL were to appeal against the order. And there is the House of Lords' ruling in Southwark v Mills 1998 which says that LL is not obliged to install soundproofing. Perhaps HA2004 trumps a House of Lords' ruling, I don't know.

Also, the HHSRS state, "Noise from unreasonable behaviour of neighbours (whether domestic or commercial) should not be included in the assessment, although this could be the subject of other action". So, in OP's case, if the noise comprises a nuisance, and isn't just 'ordinary' noise, then it would not be included in an HHSRS assessment.

lynzpower

Council may serve a notice/make an order, and a LL may choose to comply, but it doesn't follow that the the council would win if the LL were to appeal against the order. And there is the House of Lords' ruling in Southwark v Mills 1998 which says that LL is not obliged to install soundproofing. Perhaps HA2004 trumps a House of Lords' ruling, I don't know

Yes Im aware of that case, but I understand that there are a couple of cases on the go/ happening. I dont think HA2004 does automatically trump that. but I think one aspect is that prohibition still is an option if a Cat 1 hazard isnt abated.