Extreme noise problems in rented accommodation

lynzpower

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.

Yes, I understand that.

For the lay peeps I think that the odd party or other nuisance noise would be abated by the EHO approaching the person makign the noise as opposed to adjusting the property.

However, if they are business users, then I guess this noise would be normal routine noise for this business to make and not "unusual"

Did I make sense there?

ETA: All that said I suspect the issues may well be with the businesses and the types of work that they do.

may_fair

ajs88 wrote: »

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

The LL is not liable for a nuisance caused by a third party, i.e. your neighbour. If you were renting and left before fixed term expiry, you would remain liable for rent for the remainder of the fixed term. You would have no grounds upon which to claim against the LL, but he would have grounds to claim any unpaid rent from you.

may_fair

lynzpower wrote: »

However, if they are business users, then I guess this noise would be normal routine noise for this business to make and not "unusual"

Did I make sense there?

Yes, you did.

I think the nuisance aspect may be in that the noise continues throughout the night. The businesses may not be allowed to operate during certain hours. OP also mentions music, which if loud is certainly a nuisance.

lynzpower

Totally agree: If its for example a licensed premises then any complaints regarding noise/ loud music/ patrons gathering outside smoking/ shouting etc then issues with the license, again will be taken up with the noise team who will enforce where necessary.

lynzpower

Just checked the OP, looks like part of this is machinery noise and the premises being used at night.

Without knowing exactly what sort of premises this is, then its hard to tell. Is this a block of shops type parade with businesses in? Is this a car garage? Or a factory?

tenant1

lynzpower wrote: »

Just checked the OP, looks like part of this is machinery noise and the premises being used at night.

Without knowing exactly what sort of premises this is, then its hard to tell. Is this a block of shops type parade with businesses in? Is this a car garage? Or a factory?

yes, this is a parade of shope that we are sandwiched between. The radio noise/late night staff talking comes from a food factory that operates from the back of a shop, guess the staff make food throughout the night which is then sold in their shop in the day.

The machine nosie comes from an incredibly loud fridge in an off-licence which gets louder throughout the day, which is open until between midnight and 2. These shops are to either side of our bedroom walls

lynzpower

Ah OK, I can envisage it now.

I think it is most likely now you have said this that the problem lies with the businesses, and less to do with your flat.