Misled by our landlord about construction works, noise is impacting our health

[nicknock]

Hi

We moved in to our rented property at Christmas 2017. We both work from home and took the property based on being able to do just that. My fiancé has a photography studio set up here with regular clients coming to the house.

In May we found out that the neighbours had sold a patch of their garden to a builder who is now building a house on the land. The noise is unbearable, we are woken up every morning at 7 and we can't use the garden because of the noise and dust. The neighbours are also having their remaining garden paved by a separate company who also make noise from 7am. To top it off, our other next door neighbour have just started work on their house so we have to deal with hammering and banging all day on that side too.

The landlord claims he knew nothing about any of it, which is rubbish and the builders have confirmed that they have had extensive conversations with him as part of the planning process and he in fact moved out of the house because of the construction.


I have spoken to a solicitor who has told me whilst the landlord did have a moral obligation to tell us about the work, he unfortunately didn't have a legal obligation, which I just cannot believe!

We have spoken to the builders who have now said they will try not to do noisy work before 8am, but even minor work causes enough noise to disturb us. We have to have the windows open because of the heat and there is no escape from it!

We've requested a rent reduction but the landlord said no and we would have to pay to get out of our contract. The worst thing is we pay £2k to live here and we can't even use the garden! There is another month left of the building works and we just don't feel like we can cope with it anymore.

We're both being woken up in a state of stress and anxiety and its impacting on our work and our health!

Is there really nothing we can do!?

[Crazy council]

If you can somehow prove the LL knew that the construction would be noisy, you may be able to. Some depends on how long the works disturbe you for.

In my old experience ( very dated now ) the courts would generaly give the LL the benefit of the daubt in such curcs unless the LL had done something spcificaly to misdirect or misslead you.

[Amethyst]

Are there any guidelines from the planning dept in your local area? Like this http://www.hgs.org.uk/ra/consam/othe...guidelines.pdf

Check the planning permissions documents too as their may be some restrictions outlined on there.

[ostell]

Check the planning consent for the site. Quite often permitted times are stated for the work. Might get you an extra hour or so.

[nicknock]

If you can somehow prove the LL knew that the construction would be noisy, you may be able to. Some depends on how long the works disturbe you for.

In my old experience ( very dated now ) the courts would generaly give the LL the benefit of the daubt in such curcs unless the LL had done something spcificaly to misdirect or misslead you.

Hi, the builder said he would give us a statement saying that the landlord categorically knew about the works as he had numerous arguments and conversations with him!

[Setmefree3]

Check the planning online. Letters are usually sent to the neighbours when a planning application is made, so ask your opposite neighbours if they received a letter prior to building work starting from the council. If they did I would tackle the landlord over it, but any decent landlord would have made you aware of possible disruptions to your family life before you signed up.

[Crazy council]

Hi nicknock

In general, the advice you got is a good general example.

I have spoken to a solicitor who has told me whilst the landlord did have a moral obligation to tell us about the work, he unfortunately didn't have a legal obligation, which I just cannot believe!

As your LL is not doing or arrainging the building work, i think you would have to show more then just he know and didnt inform you properly, although there are rules around this to protect tenants, Also, the lenght of the disturbance vs the lengh of your tenancy may be a factor.

But, saying that.

We've requested a rent reduction but the landlord said no and we would have to pay to get out of our contract. The worst thing is we pay £2k to live here and we can't even use the garden! There is another month left of the building works and we just don't feel like we can cope with it anymore.

I think thats an entirly reasonable expectation/request from you, The LL should be asking the neigbours to contribute towards your rent for the period your being disturbed, but keep in mind, the LL may not be able to afford to reduce the rent

If the dust/noise is bad, maybe 1/3 pcm off your rent untill its finnished, then a set fee for the clean up when done, isnt an unreasonable request.