Landlord has put a noisy restaurant in our building

DGDG

Hi,
Any advice would be very welcome:
We rent a flat in a building, which until recently had retail units (selling fashion and shoes) below our flat. We then found out that one of the shops was closing down, and that a bar/restaurant would open. A temporary change of use seems to have been granted. The restaurant has now opened. It went very quickly. It seems we only just learnt about these plans and now it's here.

Noise: we can hear the music in our master bedroom. This means that we can't go to bed before 11.30pm when the restaurant closes. It is not very loud but you can clearly hear the base. Super annoying.

Cooking smells: it is an old building and somehow we are able to smell the cooking even if we have our windows closed - when the windows are open it is very noticeable. We can't really open our bathroom window after a shower without having the smell in our flat. I can't even begin to think of what it is going to be like in the summer...

The landlord has said that only limited cooking will take place etc etc and that it shouldn't be noticeable, but it is.

I would never have moved in had I known about these plans. I have lived near a restaurant before and I had no plans on ever repeating that experience. I have a family now and it is definitely not a suitable home for children anymore as it's not the quiet place it used to be. We pay an extremely high rent due to the location, and given the change in circumstances I feel the rent is no longer appropriate. I would move tomorrow if I could but it's not that easy to find a new property at the moment, and we also have a three month notice period.

I guess I am just at a loss as to what I can do! What exactly are my rights as a tenant in this situation? Any insights would be very much appreciated. Thanks!

hazyjo

At least you don't own it. Look for a new rental when your term is up.

Were there not planning applications tied to lampposts and the like nearby?

tacpot12

You should notify your landlord of the problems in writing and ask them to make repairs to the property so that the noise and smells do not intrude so much. The noise will need soundproofing to be installed or uprated if already fitted. The smells probably need a positive input ventilation system installing.

The noise and smells might be a statutory nuisance, and can be reported to the local council who can investigate and order the landlord to make repairs. These orders can also help prevent a retaliatory eviction.

DGDG

Thanks everyone.

Yes, a notice was on the lamppost and there will be a hearing re the license but clearly they are not anticipating any issues as they are already open.

This property has been finished to a high standard with quality windows etc so I really wonder if there are any repairs which could improve things meaningfully. The vibrations coming through the building are probably going to be difficult to reduce, and I think that even the best fans and filters can only reduce the nuisance but not remove cooking smells entirely. Living above a restaurant just changes things, doesn't it...

daveyjp

Check it does actually have planning permission.

Not all landlords are bothered by laws, they just get in the way of them making money and not all tenants know what they are doing and take the landlord's word that 'planning is sorted'.

dimbo61

Yes living above a bar/restraunt is a big change from a shop open shopping hours well 8-6 at most.
So write a letter of complaint to the landlord and complain about the noise

tealady

Check with the Council 1st to see if they had planning permission. Environmental Health deal with noise and smell issues.

AdrianC

DGDG wrote: »

We rent a flat in a building, which until recently had retail units (selling fashion and shoes) below our flat. We then found out that one of the shops was closing down, and that a bar/restaurant would open.

Yep, there's a lot of that happens - shops are not commercially viable, the night-time economy is thriving.

A temporary change of use seems to have been granted.

...by the council.

Noise: we can hear the music in our master bedroom. This means that we can't go to bed before 11.30pm when the restaurant closes. It is not very loud but you can clearly hear the base. Super annoying.

Contact the council. Noise outside of acceptable limits and times would fall under environmental health.

Cooking smells: it is an old building and somehow we are able to smell the cooking even if we have our windows closed - when the windows are open it is very noticeable. We can't really open our bathroom window after a shower without having the smell in our flat. I can't even begin to think of what it is going to be like in the summer...

Contact the council. Inadequate kitchen extraction would fall under environmental health.

I would never have moved in had I known about these plans.

It's always a possibility for any retail unit to change into a food outlet - takeaway or eat-in.

How long have you lived there? There may well have been "no plans" at the time. The plans aren't the landlord's - even if your landlord is the same person as the landlord of the commercial unit, then it's much simpler than that - the retail business has closed or moved, and the property has come available. Another business has offered to rent it, and successfully applied to the council for change of use.

What exactly are my rights as a tenant in this situation?

You have precisely two choices...
1. Ask your landlord nicely about reducing the rent (although that doesn't sound as if it'll address your actual issues). Remember that your landlord may well be as unrelated to the restaurant as you are.

2. Give your notice and move.

uk_american

I had two similar situations, a taxi company/garage/car wash started up without planning permission behind our building and a nightclub asked for a change of usage to convert from 9-5 ground floor shops.

1. As others have said, check what planning permission (if any) exists.

2. Complain to environmental health regarding the current noise.

3. Write down your comments on the planning application. If there are two people in your household, write individual letters instead of signing the same letter as they will then count as individual complaints.

Contact others in the building or nearby, provide them with template letter copies where they only need to fill in their name/address if they are lazy.


If your Council does online comments that is fine as well, it counts the same as a letter.


4. Go the hearing, make your views heard.

**Often the applications go through when no one bothers to state their opinions to the Council.**

In our case, the rogue taxi/garage/car wash was granted retroactive planning consent, but due to our complaints and letters, it was specifically highlighted in the Council's reports that neighbour complaints are resulting in the Council limiting the operating hours on the garage and car wash, including no work on Sundays.

In the case of the night club we were able to block it completely. Again the Council's report referenced neighbour opinions as the reason they would not permit the change of usage.

A later application was allowed for it to change to a house of worship and we were fine with that as they presented a plan of how/when they would be playing music and at what volume. As it was mostly limited to Sunday services everyone was fine with that one.

baldelectrician

Contact building control

In Scotland things are more strict

If this was up here I would expect the owner of the restaurant to be required to-

• Install sound proofing between yours and theirs
• Install ventilation to a required standard
• Install adequate / upgrade existing fire seperation
• Install a fire alarm system
  

The building control at the council can check and enforce the standards
If he has tempoary permission you could insist that any permission require such things as sound and fire insulation be brought up to spec

The fact that you have smells coming up means the compartment (space below) is possibly not fire sealed.

Murphybear

dimbo61 wrote: »

Yes living above a bar/restraunt is a big change from a shop open shopping hours well 8-6 at most.
So write a letter of complaint to the landlord and complain about the noise

We lived above a pharmacy in a huge flat. It wasn’t too noisy apart from slamming doors. It was handy if you needed a prescription or some emergency headache pills

I would hate to live above a restaurant though. I understand it can be difficult to get a mortgage for such a place.