New rented flat - upstairs being renovated - nightmare

duchy

Unless you can get the owner of the other flats to confirm your LL knew in advance of your viewing (eg was a letter sent out advising it was going to happen) you really don't have any comeback on your LL.

Fraise

jd87 wrote: »

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?

The landlord may or may not have known there was going to be renovation work, but even if he did he wasn't duty bound to tell you what was happening to properties that are nothing to do with you. Properties,need repairs at times,or renovations, and landlords can't be expected to give you a rent rebate because you don't like scaffolding outside for a few months, and the noise disrupts you.

I'm sure the next door neighbours who possibly own their properties can hear the noise too, and see the scaffolding, would,you expect them to ask your landlord to compensate them too?

It's a fact of life that building works have to be done. They're not doing them in the middle of the night, are they?

Best thing you can do is buy some good earplugs. It will be over by March:)

If the builders are always outside your front door smoking every time you go out, how are they getting any work done? I'm sorry, but I feel there's a tad of exaggeration here, and I think you're being unreasonable expecting a rent refund for something that's nothing to do with your landlord. What's more, how would you come a figure for a discount? It's ludicrous.

As I say, buy earplugs and wear them during the day.

nickyg2000

Get some Color red underlay. You won't hear a thing!

Pete7

nickyg2000 wrote: »

Get some Color red underlay. You won't hear a thing!

Its the flat above

ReadingTim

I think you're taking "quiet enjoyment" a little too literally here, and frankly, you haven't got a leg to stand on.

Firstly, the work appears to be happening during the day - when else is it supposed to happen? "Noisy neighbor" complaints to the council won't hold any water as they're not happening a anti-social times such as the middle of the night. Furthermore, the works are taking place for a finite amount of time, as you yourself admit.

Secondly, as others have stated, you have no way of knowing, let alone proving that your landlord knew of these works in advance of them starting, so give up on that.

Finally, what do you expect the landlord to do, and why should he compensate you for matters out of his control? Owner occupiers also suffer from these issues and basically have to suck it up - why should tenants be any different?

mazkiwi

We are the landlord of a property where exactly that happened. A new owner upstairs has caused our new (of approx 3 months) tenants serious noise and disruption. We have given our tenants rent breaks, professionally cleaned their flat, windows etc.., bought them groceries and wine... and have forced the owner of the upstairs property to agree to pay for alternative accommodation for them if they would prefer to move out during the works.

Frankly you shouldn't have to put up with months of hassle when trying to cope with your own work etc... - contact both the agent and your landlord and ask for reduced rent. Be pleasant but there will be a clause in the property's lease and/or freehold outlining your property's right to quiet enjoyment. If you don't ask (well really you shouldn't have too but perhaps the landlord/agent are unaware) you don't get. Worth a crack...!

PS: Call your local council if the works go beyond the restricted times for works (check your council website - you can complain without giving your name and an officer should chase on your behalf if the restrictions are breached).

uk_american

Check what your council website says about construction noise.

The ground floor shops in my building were being completely renovated and converted to a house of worship. Thankfully they came around with a letter committing to only doing construction noise during the hours in accordance with the council guidelines (so no drilling after 6 PM, nothing audible after 7 PM, that sort of thing).

The building across the street from me were working all hours and Sundays (which the council policy defines as no construction noise). A short email to the council, the council informed me that a letter was sent to them, and it hasn't happened since.

The builders may not be aware or in compliance with regulations, so may be worth a look.

lovinituk

Pete7 wrote: »

Its the flat above

Stick it to the ceilings :rotfl: