Tenants rights in terms of 'quiet enjoyment'

olly300

Sugared-frog wrote: »

I've no idea about the music night, however I do wonder whether they are allowed to prepare food in your kitchen. I think there are some pretty strict rules about preparing food and I doubt your kitchen would meet them (though I'm not knowledgeable about this so could be wrong).

It depends on the kitchen set up.

For example having a washing machine in the kitchen is a no-no for food prep.

In theory the OP could complain to Environmental Health however if s/he does and the pub goes bust then s/he will end up with no-where to live.

While this may seem like scare mongering I've seen so many boarded up pubs in the parts of London I use to live in, that this is a real risk particularly if the pub is struggling already.

schnide

geoffky wrote: »

my days are lovely and quiet because i bought a detached house away from others and did not rent above a pub when i knew it could be a noisy place at times...Hindsight is a wonderful thing..I feel you are in a pickle of your own making..

My days are quiet as well because up until now there has been no music during the day, especially during weekends, because I was told this was the arrangement when I moved in.

If you, genuinely, only can contribute to the questions I asked by lecturing in such oversimplified terms as you do in your signature, your contributions are no longer needed. Your fellow posters are being far more helpful even if they are not necessarily always saying things we as a flat would ideally like to hear.

schnide

sequence wrote: »

Yes are they preparing food for themselves, or the pub ? If the latter they shouldn't be using a domestic kitchen for commercial food preparation.

I've no idea why anyone would let their landlord prepare food in their kitchen though, or why any landlord would want to prepare food in their tenants kitchen, it seems really weird. Are they paying the electric/gas for the cooker, and do they do the dishes afterward ?

They're preparing food for the pub. Granted it's almost always some of the nasty cheap ranges from Iceland being cooked in the oven and then brought downstairs, but yes they are paying for the electric in a sense as it's included in our rent.

Googlies_2

olly300 wrote: »

It depends on the kitchen set up.

For example having a washing machine in the kitchen is a no-no for food prep.

.

No it isnt, I had a washing machine in my restaurant kitchen for tea towels etc.

tbs624

No written tenancy agreement, utility costs included in the rent ( same meters as pub premises beneath?) , a pub that offers food but "doesn't officially do food" ( so presumably not registered via the EHO at the local Council)? A LL who hasn't got clear boundaries between the lettings area upstairs and the pub business?

Are you all on the electoral roll at this address? Registered for Council Tax ( or is that included in your rent also?)

Smells a bit "under the radar" .....

OP - do the others have formal tenancy agreements and, if yes, are they still within their original Fixed Terms? Can you answer G_M's questions?

tbs624

olly300 wrote: »

It depends on the kitchen set up.

For example having a washing machine in the kitchen is a no-no for food prep.

My understanding is that it is viewed as "ideal" if the washer is not actually within the room used for food prep but if it has to be, then no washing of clothes (or other domestic tasks) must be undertaken whilst food prep is in progress.

Food premises do have to be registered and a documented "food safety process" is required by the EHO.

lynzpower

You have 2 issues here

One is if it is an HMO then the landlord automatically has access to the common parts.

Is the kitchen being used for his own meals or for meals for the pub. If it is meals for the pub then Im sure EH food inspection would be interested after all you co-tenants do not participate in his Food safety managment system and so forth. Again a pub that doesnt really do food but does do food needs to be inspected. I would not find it acceptable to prepare food for sale in a communal HMO type kitchen personally and Im sure EHOs in your area will feel the same.


2) is the pub licensed for music? Speak to your local licensing scheme at the council. They can put restrictors on a) times b) volume and ensure sound limiters are fixed and so on.


Definately sounds to me like its should be a HMO : 2 floors, above commercial, 6 seperate tenants:

You do know you may be able to recieve all your rent back via rent repayment order if the premises should be a HMO and isnt? Google rent repayment orders: local authority housing team will be interested. There should be a copy of the HMO license somewhere on the premises on display if there is one otherwise check with the housing team ( EH) and they should be able to help.

Lots here: noise, housing, potentially unregulated HMO and food issues :eek: reckon EH have to come and take a look.

Mallotum_X

Renting above a pub should have been a clue that you might expect some noise. I think its a hard one to object too, especially as its not due to be that late. If it becomes a real problem then it may be easier to find a new home.

BitterAndTwisted

Blimey, a pub starting heavy-metal all-dayers. I'd like to know where this is. My friends and I would quite like a new place to go to on Sundays.

OP, the writing on the wall was there for you all to see when you agreed to take up residence above a pub. Many pubs are going all-out to retain or find clientele these days and music was a completely obvious one. Music until 9pm on a Sunday isn't unreasonable at all. Just cross your fingers that they don't apply for a late license!

LandyAndy

lynzpower wrote: »

You do know you may be able to recieve all your rent back via rent repayment order if the premises should be a HMO and isnt? Google rent repayment orders: local authority housing team will be interested. There should be a copy of the HMO license somewhere on the premises on display if there is one otherwise check with the housing team ( EH) and they should be able to help.

.

That could be interesting. Tenants get awarded all their rent back. Pub goes bust as a result. Tenants homeless.:(