New rented flat - upstairs being renovated - nightmare

jd87

I have recently moved into a new flat which I am renting. It turns out that the flats above are being completely renovated. This was not disclosed before we moved in. The noise from the building work is so bad that the flat is uninhabitable during the daytime. At times it is so loud that a conversation requires shouting. Also there is scaffolding everywhere (not present during our viewing), part of which we have to climb around to access our back garden. Not to mention having to get past the builders (smoking outside my front door) whenever we come and go. We even had light fittings fall down due to the banging (though the landlord did rectify this immediately).

The landlord has spoken to the builders a couple of times and asked them to keep the noise down, but to be honest it's not the builder's fault. A drill or hammer does not have a quiet setting and they're just doing their jobs.

All of the advice I can find online (CAB etc.) is about "noisy neighbours", contacting the council, keeping noise diaries etc. But my grievance is with the landlord and letting agent. We feel a bit duped really. The work is supposedly going on until at least March. I'm sure we will cope by just avoiding being at home as much as possible, but I feel like we aren't getting the "quiet enjoyment" of our home or whatever it is the law says we should be getting.

What can we do? I don't want to fall out with the landlord, we like the place and have signed for two years, but I feel like some kind of rebate on the rent should be due or something? Shouldn't the work have been disclosed when we signed the tenancy?

motherbored21

Yes, I would want a rent rebate too and maybe a council tax one?

AdrianC

Did the landlord and lettings agent even know about the work in advance? You say that it wasn't started when you viewed the property.

If it isn't the builders who can be held responsible, how can a third party totally unrelated to the work be held responsible?

jd87

AdrianC wrote: »

Did the landlord and lettings agent even know about the work in advance?

This is a fair point, and I don't know the answer to it, but it doesn't change the fact that we aren't getting full enjoyment of our flat.

ognum

Do the other flats that are being renovated belong to the same LL?

I am currently doing renovations on a flat,no scaffolding but lots of hammering. We will get it done as soon as possible. New kitchen and bathroom going in, will probably take 2-3 weeks but I only own that flat so have no input into what my neighbours do or they over me.

It is hardly your LLs fault if another owner is doing remedial works.

jd87

We are told it is another owner. I'm fully aware that it's not my landlord's fault, but my contract is with my landlord and nobody else.

AdrianC

jd87 wrote: »

This is a fair point, and I don't know the answer to it

It is, you have to admit, kinda relevant to whether you can credibly complain that the landlord didn't tell you.

but it doesn't change the fact that we aren't getting full enjoyment of our flat.

Quite simply, you are living in a flat. Flats, as with any other property, need maintenance. Property maintenance can be noisy, and sound travels well between flats.

Assuming the flats themselves are not of sub-standard construction, and the builders are not being unreasonable in the hours they work or are failing to take reasonable care, there's not very much that the local authority can or will do about it.

jd87

Let's say I believed the landlord did know about the work. How do I prove that, and how does that change things?

mjoneseyjones

How would anyone here be able to tell you how to prove your landlord knew?


Short of going back in time and bugging his phone, I'm not sure what you think you're going to be able to do.

AdrianC

It doesn't change whether the noise is reasonable or not, but it might give you a bit of weight to complain at him. Whether he decides to vary the contract you signed, by giving you a discount on the rent, is a side issue and entirely down to goodwill.

ognum

jd87 wrote: »

We are told it is another owner. I'm fully aware that it's not my landlord's fault, but my contract is with my landlord and nobody else.

If you owned the property would you expect discount from your mortgage provider.

I would be content that the property around you is being maintained, try to negotiate the times that building work takes place and understand that a month or 6 weeks is a short amount of time in a two year contract.

Unless you have really good proof that you were duped into renting the property I don't think you have any rights.