Environmental Protection visit - URGENT HELP NEEDED!

perx30

I live in a flat above a retail outlet, both are owned by the same Landlord.

When I moved in, back in February, the business downstairs was not yet trading, however since beginning trading in March there has been a constant issue with the noise.

After several polite attempts to request the music be turned down I took it upon myself to write to the local council and complain about it.

Environmental Protection have been round to my flat today to take noise level tests and later have reported back to me with the following,

Just a quick email to advise you that I have now had the opportunity to discuss the sound insulation issues with colleagues in building control , development control and planning enforcement. I have been advised that the planning /building control consent has not yet been signed off as there was a number of outstanding issues, including insulation between the two floors. A number of tests have yet to be completed to establish the effectiveness of the conversion.
In light of the above the building control officer is intending to contact the owner of the property to arrange to visit. I believe that it is likely that the premises will not pass the noise test and additional work/insulation will be required.
I have asked to be kept updated and will contact you again when I have any further information.
Regards

NOW I AM VERY WORRIED!!!

Can anybody please inform me of my rights as a tenant and give any advice as to what to do (if anything)?

Thanks in advance

BitterAndTwisted

Keep an eye out for the post. Which will probably be bringing you a Section 21 Notice.

What was the length of the fixed-term? As that will most likely be ending. Make plans for your onward move now.

n.b. that letter was in plain English and what is going to happen is very likely what they have stated. Do not expect your landlord to be delighted with your "having taken it upon yourself" in contacting them.

GDVS

perx30 wrote: »

Can anybody please inform me of my rights as a tenant and give any advice as to what to do (if anything)?

Get looking for a new place, expect the section 21 notice to appear shortly.

I_have_spoken

If your assured tenancy began in Feb, then IIRC it would be for a minimum of 6 months.

An S.21 request to exit needs two months notice from issue, so worst case your tenancy would end in August. Of course, it's your choice to stay until a Court grants posession and you can be evicted.

kmmr

So you had a noisy flat. You asked EH to investigate it, which they did and said it looks like the problem is a lack of insulation.

They are now liaising with the owners of the shop (or is it with your LL) to improve the insulation so your noise problem can go away.

What were you hoping for? Any solution was likely to annoy either the LL or the shop owner.

perx30

Keep an eye out for the post. Which will probably be bringing you a Section 21 Notice.

What was the length of the fixed-term? As that will most likely be ending. Make plans for your onward move now.

n.b. that letter was in plain English and what is going to happen is very likely what they have stated. Do not expect your landlord to be delighted with your "having taken it upon yourself" in contacting them.

Thank you for your advice. My fixed term tenancy is for 6 months which started on 6th Feb this year.

I must say, although I still feel slightly awkward about contacting the council, my initial complaint was only for the noise which was ignored several times by the landlord and proprietor of the premises I live above. He may be displeased with me but it's now become apparent that his/her cutting corners during the renovation/conversion of the property is the real cause of the problem. He's only really upset himself

Nevertheless, I will be looking for another place to live and possibly look into seeking compensation due to the fact I have been renting a property that was never signed off by building regs as fit/safe to live in

GDVS

perx30 wrote: »

Nevertheless, I will be looking for another place to live and possibly look into seeking compensation due to the fact I have been renting a property that was never signed off by building regs as fit/safe to live in

What monetary loss have you endured as a result that would require compensating?

perx30

So you had a noisy flat. You asked EH to investigate it, which they did and said it looks like the problem is a lack of insulation.

They are now liaising with the owners of the shop (or is it with your LL) to improve the insulation so your noise problem can go away.

What were you hoping for? Any solution was likely to annoy either the LL or the shop owner.

I was hoping for amicable resolve to the noise issue, which would have come about with the help of the council.

It is only due to there further investigations that the building reg' issues have become apparent... had the relevant tests been carried out and the property had been signed off properly then I doubt that I would have had grounds for a noise complaint in the first instance

Yorkie1

You have no grounds for seeking compensation, I'm afraid, as another poster has said.

Your fixed term will expire on 5th August. If you are served a s.21 notice between now and then, it will give you 2 months' notice of the LL's intention to seek repossession (the notice need not expire at the end of a tenancy period).

You can choose to leave on 5th August without giving any notice to the LL, although it is advisable to do so in order for an inspection to be arranged etc.

perx30

Okay, I hear you, I may not have grounds for compensation.

But surely it's wrong for the LL to rent a flat that hasn't even been signed off?!

GDVS

perx30 wrote: »

I was hoping for amicable resolve to the noise issue, which would have come about with the help of the council.

It is only due to there further investigations that the building reg' issues have become apparent... had the relevant tests been carried out and the property had been signed off properly then I doubt that I would have had grounds for a noise complaint in the first instance

All this is completely true, and totally irrelevant I'm afraid. You've almost certainly dropped your landlord in it, you've almost certainly annoyed him, and as a result he's likely to terminate your tenancy at the earliest opportunity. Who's fault it is doesn't matter, he's within his rights to seek possession once August arrives and I can't see how he'd be liable for compensation in any way.