Bedsit - noisy neighbour

mrn2008

BACKGROUND: I rent a bedsit, the neighbour above me is very noisy and it doesn't help that the sound insulation is virtually non-existent - I can basically hear everything I can even join in her conversations sometimes. I have spoken to her several times but the noise continues - I could put up with it if it didn't go on so late into the night 1am most evenings, later on the weekends. The landlord says there's nothing he can do as it's the house - it's old (there are 8 bedsits in this converted property all the other bedsits are quiet around me). She keeps me awake to 1-2am most evenings with just her moving around the room - she has to go to work same time as me but doesn't seem to need much sleep!

I am at my whit’s end after the weekend as she had people round - I've literally had less than 4 hours sleep each night for the last 4 nights and I'm exhausted.... I am desperate to move out! My performance at work has deteriorated and have taken days off from it when I couldn't get back to sleep.

QUESTION: I have an Assured Short hold Tenancy agreement which states that I need to give 2 months notice, I can't afford to move out immediately and pay this. There is a clause in there that the landlord should provide 'quiet enjoyment', is he in breach of the contract? Legally could I just move out? I'd be prepared to lose the deposit.

phill99

Quiet enjoyment is nothing to do with noise. This is a misconception. Quiet enjoyment is the concept that once he has let the property, the landlord should allow you to enjoy the property without him pestering you, harassing you etc.

Fire_Fox

Contact Environmental Health at the local council, start keeping a detailed noise diary immediately. They will decide if the tenant needs to be quieter or the landlord needs to install improved sound insulation. WAX ear plugs are really effective.

Where are you in the AST, in the fixed term or out of it?
http://www.landlordzone.co.uk/notice_to_quit.htm

summerholiday

I would speak with the person and let them know that I hear more than they realise, read back conversataions to them. Other peoples noise is always more.

Otherwise invite myself up to the latest party or turn up the sound in your own flat with a speaker on the ceiling. They may then get the message.

mrn2008

firefox: I thought of contacting the council but thought by the time they acted/if they acted the 2 months would have passed and I'd be gone anyway. I am out of the fixed term and now just need to give 2 month notice.

summerholiday: I have explained it to her, she seems reasonable at the time but next day it's back to normal! I'd love to turn the tables on her by making lots of noise but I'm afraid I'd disturb at least the bedsit below me, and it's not fair on them

phill99

Fire_Fox wrote: »

Contact Environmental Health at the local council, start keeping a detailed noise diary immediately. They will decide if the tenant needs to be quieter or the landlord needs to install improved sound insulation. WAX ear plugs are really effective.

Where are you in the AST, in the fixed term or out of it?
http://www.landlordzone.co.uk/notice_to_quit.htm

That can only make the upstairs tenant reduce noise. They can't make the landlord improve sound insulation. The issue is with the other tenant not the landlord.

londonTiger

short term fix, ear plugs and vibrating bed alarm. i live in a house with thin walls and im a light sleeper so someone walking around the house on wood floors wakes me.

long term.. move out or get the landlord to fix the problem. the tenant upstairs is perfectly within his/her right to walk around their room. it's the landlord that need to sound proof the floors/ceiling.

phill99

londonTiger wrote: »

. it's the landlord that need to sound proof the floors/ceiling.

Absolute rubbish. This is evidently a subject about which you know nothing. The problem doesn't lie with the landlord. The problem lies with the noisy tenant. Therefore the problem has to be addressed ie the landlord.

The Environ,entail Health department and subsequently, the courts can impose restrictions on the creator of oxide, not someone who happens to own the property.

pmlindyloo

mrn2008 wrote: »

firefox: I thought of contacting the council but thought by the time they acted/if they acted the 2 months would have passed and I'd be gone anyway. I am out of the fixed term and now just need to give 2 month notice.

summerholiday: I have explained it to her, she seems reasonable at the time but next day it's back to normal! I'd love to turn the tables on her by making lots of noise but I'm afraid I'd disturb at least the bedsit below me, and it's not fair on them

If your fixed term has ended then you are now on a periodic tenancy.

You are only required to give one month's notice.

Read here for more information:

https://forums.moneysavingexpert.com/discussion/937335

pararct

phill99 wrote: »

Absolute rubbish. This is evidently a subject about which you know nothing. The problem doesn't lie with the landlord. The problem lies with the noisy tenant. Therefore the problem has to be addressed ie the landlord.

The Environ,entail Health department and subsequently, the courts can impose restrictions on the creator of oxide, not someone who happens to own the property.

Many years ago I lived next door to a cafe which became a pub (we did not oppose the change of use).

After it opened it became clear we could hear the juke box through the wall so we contacted the council. After their usual mediation efforts they instructed the building owner/leaseholder (not sure who did it) to install soundproofing to the party wall.

So it appears to me that the council can enforce building owners and landlords to undertake soundproofing improvements if they deem it necessary.

phill99

pararct wrote: »

Many years ago I lived next door to a cafe which became a pub (we did not oppose the change of use).

After it opened it became clear we could hear the juke box through the wall so we contacted the council. After their usual mediation efforts they instructed the building owner/leaseholder (not sure who did it) to install soundproofing to the party wall.

So it appears to me that the council can enforce building owners and landlords to undertake soundproofing improvements if they deem it necessary.

But that is done under the terms of their licence. The powers are much more wide ranging than in residential lets.