Should I sue?!

00ec25

hannah9000 wrote: »

It wasn't my fault the fact there is someone living below me happened to slip both the letting agent and the LL's minds!!!!! The farm has cows and indeed early milking, that's not a problem at all...not sure what you're getting at?!

heh?

so you viewed a property which was very obviously not one that you entered at ground floor level, yet you regard it as someone else's fault that you failed to ask what happens below?

welcome to the modern world of the blame game and inability accept one's own mistakes in life

bouicca21

The fact that the tenant below taped the noise and the landlady toolkit seriously suggests that it might be rather more than everyday noise.

aneary

bouicca21 wrote: »

The fact that the tenant below taped the noise and the landlady toolkit seriously suggests that it might be rather more than everyday noise.

Depends if there is carpet or not or decent sound proofing probably not on a barn conversion.

The previous tenant could have been single and rarely there, therefore not so much noise.

hannah9000

00ec25 wrote: »

heh?

so you viewed a property which was very obviously not one that you entered at ground floor level, yet you regard it as someone else's fault that you failed to ask what happens below?

welcome to the modern world of the blame game and inability accept one's own mistakes in life

Its a three storey conversion. It is joined to the main farmhouse, I assumed it was part of the farmhouse below.

hannah9000

bouicca21 wrote: »

The fact that the tenant below taped the noise and the landlady toolkit seriously suggests that it might be rather more than everyday noise.

We're not noisy people. The fact the tenant below taped the noise (which the landlady played back to me and I couldn't hear anything!!!) suggests she's a wack job who has nothing better to do with her time. She smokes in her property which comes into mine under a joining door. I haven't complained about that despite having lung disease.

The insulation is poor, the lounge is carpeted with office carpet and the rest of the house is laminate which echoes like mad.

00ec25

hannah9000 wrote: »

Its a three storey conversion. It is joined to the main farmhouse, I assumed it was part of the farmhouse below.

hannah9000 wrote: »

We're not noisy people. The fact the tenant below taped the noise (which the landlady played back to me and I couldn't hear anything!!!) suggests she's a wack job who has nothing better to do with her time. She smokes in her property which comes into mine under a joining door. I haven't complained about that despite having lung disease.

The insulation is poor, the lounge is carpeted with office carpet and the rest of the house is laminate which echoes like mad.

all of which merely shows that you failed to undertake "due diligence" before you accepted the rental given you, and you alone, know what matters to you

glasgowdan

So... the tape recording was silent. Why, oh why, is the Landlady going along with the notion of you moving out? Why are you agreeing to move out? It just doesn't add up. The normal thing would be for all parties to ignore the silly complaints... they won't go on forever. If the ceiling banging starts, crank the noise up. And speak to her to say that's what you're doing. Hopefully the banging will soon stop.

RobertoMoir

If the tape recordings are silent then I am not sure why either yourself or the LL are giving them any credence.

It sounds like there’s some sound there for you to agree to leave because of it, surely?
It does sound like the LL has poorly designed the conversion if there’s lots of laminate floors in an upstairs flat. The downstairs tenant does seem to be over-reacting but laminate floors are noisy.

I’m not sure why you agreed to leave after buying a cooker and a fence. I’m not sure why a tenant would buy a cooker or fence at all, actually.

FBaby

We're not noisy people.

That always make me smile when people say that! Everyone has different standard of what 'noisy' is and my experience of the threshold of families with dogs and young children tend to me much higher than average.

What I don't understand here is why the LL is getting involved. It's not her problem and she doesn't owe the person below you to make sure you are quiet, even if they are her tenants too. It's between then and you. So either she has an issue with you and is using this as an excuse, or she really really like the other tenant and would much rather have you out than then giving their notice, it doesn't make sense.

In the end, you can have your cake and eat it. You want out, you agree to the deal and do so. You want out and compensation, you negotiate with them, but they don't have to oblige. You don't want to incur additional costs, you refuse to move out.

armchaireconomist

You can't sue your landlady for a mutually beneficial (and agreed) split.


If I were you I'd just ask that all my costs be covered and deposit etc. returned, otherwise you can legally stick out your tenancy. Sounds like the problem is her other tenant, not you.