Acceptable noise levels

jato

My partner and I are currently renting a flat which backs onto what was a permanent market, the nearest stall was more than 10 metres away and never opened before 9am. The council decided to knock the market down and rebuild it (over 2 years). We put up with the building works, even the wall put up 3 meters from all our windows (our only windows are south facing) the council said the loss of light was deemed acceptable. Now the problem is, the market holders have been moved into what will be the rear yard and are working from 7am 6 days a week within 2 metres of our bedroom window. I know most people probably wake up for work around this time, but it means we are woken up at 7am 6 days a week from the noise. Are there any grounds to cancel a tenancy agreement early? (it's through a private LL/Estate agent) We are also between contracts.

Fire_Fox

Have you spoken to the person who manages the market about the noise? If so contact Environmental Health at the local council, start keeping a noise diary, encourage other residents of the block to complain to the council as well. Also check the street traders licensing conditions on your council website, see what it says about noise.

What do you mean you are between contracts but you want to cancel the agreement early? Are you in the fixed term or a statutory periodic tenancy?

jato

Thanks for the speedy reply. We haven't renewed our latest 6 month contract so have to give a months notice. The traders are allowed to be there from 7am to 6pm Mon to Fri and 10am to 4pm Sundays. We are leaving early as it's just too much, just wondering if any of the deposit will be salvageable or we will have to accept losing it.

julieb1987

If you're fixed term is up you just have to give one month's notice. As long as your flat is in the same or better condition (minus wear and tear) as when you moved in, your deposit should be OK. Is it held in a Deposit Protection Scheme?

Also please bear in mind the 1 month is one rental period and not just 1 month (so usually the day you pay rent or anniversary of when you moved in e.g. if you moved in on the 15th of a month you'd have to give notice to leave on 15th (or is it 14th? I'm sure someone will confirm) December. If it was the 1st, you'd give notice to finish on 1st January.)

jato

We are leaving before the month is out. The deposit is in a protection scheme but we are breaking the agreement by leaving early. They never gave us our gas certificates within 28 days which we were hoping put them in breach of the contract but they say otherwise (they did the tests just didn't give us the copies).

Fire_Fox

jato wrote: »

Thanks for the speedy reply. We haven't renewed our latest 6 month contract so have to give a months notice. The traders are allowed to be there from 7am to 6pm Mon to Fri and 10am to 4pm Sundays. We are leaving early as it's just too much, just wondering if any of the deposit will be salvageable or we will have to accept losing it.

We are leaving before the month is out. The deposit is in a protection scheme but we are breaking the agreement by leaving early.

Just because the traders can be there does not give them the right to be noisy. Again contact Environmental Health.

You can move out at any time but will have to pay rent for one final month and all the bills for that time period unless the landlord agrees to an early surrender. What has the deposit got to do with it, have you damaged the flat? That is nothing to do with your rent.

tbs624

julieb1987 wrote: »

I
Also please bear in mind the 1 month is one rental period and not just 1 month

the "rental period" is one month, if rent paid monthly. The notice has to tie in with the *tenancy period*

julieb1987 wrote: »

e.g. if you moved in on the 15th of a month you'd have to give notice to leave on 15th (or is it 14th? I'm sure someone will confirm) December. If it was the 1st, you'd give notice to finish on 1st January.)

Please don't follow this suggestion - it is wrong. Clarification needed! It's not when a T moved in that governs the dates from which a subsequent SPT runs on. If Fixed Term ends on,say, the 15th of the month then the subsequent tenancy periods will run from 16th of one month to the 15th of the next and notice would need to be *received* by the LL by the 15th of one month to leave on the 15th of the next. (all provided rent paid monthly under the FT agreement)