First time renter - Flight path troubles

Momanns

Hi all,

Looking for some advice please. I recently started renting a property having separated from my partner (we are currently selling this house). I'm in the South East and securing a rental was ridiculously hard work. Some properties I viewed had 20/25 viewing booked in after a day of listing.

I found a property which ticked all my boxes, it's an annexe that was originally used as a garage and was upgraded to a rental property in the last few years. Through my haste/naivety I hadn't realised the property is right under a flight path. It's a good 20 minutes from the airport but the planes seeming take off and fly straight overhead. 

The biggest problem is there is a cottage style door in the bedroom which is ill-fitted at best. Even then, being an annexe it probably isn't as well insulated & sound proofed as a house. 

I have since found out that the previous tenant lasted less than a month due to the noise. As you can imagine, sleeping is particularly difficult given the flights run regularly until (I think) 11:30 and then start again around 5:30/6. I approached the letting agent about the door but seemingly the landlord is fed up with having to re-let as people appear to have come and gone. I would guess this has happened more than once.

Having not rented before, I am not sure of my options. I want to ask about the door in particular but ultimately also whether this would be grounds to terminate a rental early (I suspect not). There was no mention of the flight path on the listing and the previous tenant(s) leaving so soon wasn't mentioned at any point. I only found out from the people who rent the main house.

I have tried a white noise machine, sleeping on the sofa and all sorts. Really just want to know if I have a leg to stand on if the landlord isn't prepared to help with the door, soundproofing or early termination of the 12 month AST.

Thank you in advance.

MultiFuelBurner

Have a read

https://www.citizensadvice.org.uk/housing/renting-privately/ending-your-tenancy/ending-your-tenancy

Is there a break clause in your AST?

Out of interest were you provided with an EPC and Electrical certificate (I presume it is all electric)

Momanns

Hi there, thank you for the quick response. There is a 6 month break clause but I'm only a month in so seems a way off! 

Yes to the EPC and Certificate. The agents were good to deal with but this seems to be as they have done it multiple times already!

MultiFuelBurner

The best thing is to communicate with the agents. They may well be able to market the property during the next 5 months before your break clause is executable. You stay there until another tenant is found.

Do you know how long it was on the market before you took it on from the last tenant?

Earplugs could be your friend but not all get on with them?

Ditzy_Mitzy

Is there any chance you might get used to it?  It can often be difficult to sleep in unfamiliar environments, but eventually tiredness will take over and cause you to drop off.  May not be a nice process at first, but sometimes there's no choice.  Worrying about it will also have negative effects.  Factor in, too, that you aren't having the best time of things - being reduced to sleeping in some bloke's garage can't be fun - and consider whether that is causing mental disquiet.  If so, that too could be a cause.  It may not be entirely the planes' fault.  

FindMyWayBack

Ditzy_Mitzy said:

 being reduced to sleeping in some bloke's garage can't be fun 

Surely it's not like a garage still?

Ditzy_Mitzy

FindMyWayBack said:

Ditzy_Mitzy said:

 being reduced to sleeping in some bloke's garage can't be fun 

Surely it's not like a garage still?

It will still have the bones of a garage and, therefore, is likely to be a building of lower specification than a house.  Garages, if brick, tend to be single skin rather than cavity wall, for example, as cars don't need as much insulating as people.  Rooves may not be pitched and there is generally less provision for windows and/or views - who cares what a garage overlooks?  

tightauldgit

The only thing I can suggest is to go through with a fine tooth comb whether the landlord has complied with everything they have to do as a landlord, all the building and planning regs on the annex etc etc and see if there might be a way out that way. 

If the biggest issue is the door is a solution to buy a replacement door and hang it yourself if the landlord won't?

Dustyevsky

Ditzy_Mitzy said:

FindMyWayBack said:

Ditzy_Mitzy said:

 being reduced to sleeping in some bloke's garage can't be fun 

Surely it's not like a garage still?

It will still have the bones of a garage and, therefore, is likely to be a building of lower specification than a house.  Garages, if brick, tend to be single skin rather than cavity wall, for example, as cars don't need as much insulating as people. 

Then it shouldn't have got an E or above on the EPC, and one must assume it did, or the landlord would be in breach of the law. Mind you, EPCs are cheap, and a backhander could make one more palatable.

Our converted garage is the most thermally insulated part of our property. Had to be to meet Building Regs.

doodling

Hi,

tightauldgit said:

The only thing I can suggest is to go through with a fine tooth comb whether the landlord has complied with everything they have to do as a landlord, all the building and planning regs on the annex etc etc and see if there might be a way out that way. 

If the biggest issue is the door is a solution to buy a replacement door and hang it yourself if the landlord won't?

Anything you find by going through with a fine tooth comb will not be sufficient to end the tenancy.  Just as, for example, finding that the tenant made a mistake on referencing forms would not allow a landlord to do the same.

Ultimately, the best thing for the OP to do is to get used to it - I doubt that doing anything to the door will make a material difference to how noisy the place is.

As others have said, it is extremy likely that the OP will get used to it but the process of doing so will take some time and be tiring.  I would give it 3 months and then make a decision whether I was going to end the tenancy at the break point or was happy enough to live with it.

propertyrental

Unfortunately the landlord is not responsible for the noise, and is under no legal obligation to do anything about it.

It was (sorry!) you responsibility to do your due diligence before agreeing tote letting ie ensure the property met your needs and was located somewhere acceptable to you.

You have a 2 options:
1) activate the Break Clause at the 6 month point. What exactly is the wording? Do you have togive 2months notice? After 6 months ? Or after 4 months to take effect after 6? Please quote.

2) negotiate with the LL. By mutual agreement, perhaps including some kind of payment to the LL, you can end the tenancy at any time.