Rented Accomodation & Noisy Neighbours, HELP!!!

[daneski88]

Unless, as daneski says, there is another clause in your contract referring to 'notice to quit', I'm afraid it looks like you're going to have to put up with it until your contract runs out.
If you leave before that, you'll not only lose your deposit but any rent you've paid in advance as well.

I disagree - the tenant has statutory legal rights which mean that unless he has waived them within the contract (which would be highly dubious anyway), still apply and a period of 35 days notice is all that is needed. Plus the deposit will not be in the landlord's nor the agency's bank account.

 

[Karinska]

So as far as you know there is nothing I can do?

I'm going to go to the citizen's advice bureau because it's ridiculous living conditions, it's not fair that me and my gf should have to put up with it.

Unfortunately, as Karinska has pointed out, if the upstairs flat isn't owned nor managed by the same people or company that yours is, then it will become a civil dispute between neighbours (you and the thoughtless tw*ts upstairs), which could last forever and a day.

The "good" news is that you are probably well within your legal rights to give 35 days notice to quit your flat without fear of loss of your deposit. As the management company will only get its 15% (or whatever it is) share of the rent if the flat is occupied, then it will be in it's own interest to act against the nuisance neighbours if has any way of doing so. Either way, they will suddenly be able to resolve the issue, or you're outta there and you will be in your new place within the next few weeks.

daneski - is that a statutory legal right regardless of what it says, or doesn't say, in the contract?
I'm not questioning your knowledge (you are a landlord yourself afterall), I'm just interested to know

 

[daneski88]

To be honest, I thought it was a month (based on a 6 month contract). The reference to "renewal" doesn't usually mean that that's the only time that the tenant can leave or be asked to leave (some prisoners would get more favourable terms ).

There are sites aplenty, but you missed this one which is as good a starting place as any.

 

[wreckedit]

There are sites aplenty, but you missed this one which is as good a starting place as any.

The bit about the deposit is well out of date. It must be held by an approved agent and is statuary controlled, so can be difficult for anybody doing it differently.

 

[yaleguy3]

Noise only becomes an issue after 11pm and before 7am. Then it can be classed as a statutory nuisance if the noise and disturbance would be considered excessive to the 'average' person.
The activities you desribe to be honest do while not being pleasant to have to put up with do not seem outside the norm.
Obviously you have chosen to rent within a block and these situations can be expected.
You yourself have a balcony and if you yourself ever decided to have freinds over and the smokers had gone out onto the balcony to smoke how would you feel if your neighbours objected or would you feel they had poked their noses in somewhere it didn't belong?
If you have just renewed your ASHT then you have just renewed. Were you aware of the problems upstairs 8 weeks ago when you renewed the contract? If so then there is not much you can say really , If not then you may be able to do something about it re your Landlord.
It would be worth the following though-

The people above even if they have bought the appartment will have purchased it on a lease. Usually 125yrs possibly 999yrs, It doesn't matter , what is important is they don't own outright and it will be on a lease and as such the lease will have certain contractual obligations.
Usually a lease for appartments contains covenants that cannot be broken.
ie Parking only in allocated places, no displaying for sale boards , no caravans or work vehicles to be parked on site etc etc.
There may be something in the lease to help you.
Sometimes things like laminate floors aren't allowed in upsatairs flats etc. These leases are long usually like a mini book and there may be something in the lease that will support your complaint.

You mention in your conditions of rental you cannot make noise after 9pm. Your landlord may have told you that because it is in HIS lease.
The lease your Landlord has will be identical to the one your neighbours have and the conditions will be the same.
These leases are drawn up by the developers who built and sold the original appartments wether to landlords or private owners.

You need to get your Landlord to read through his lease to see if there is anything within that would help you.
If there is then a solicitors letter pointing out any breaches of the lease may possibly spoil your neighbours fun.
You may wish to point out though to your Landlord that if you send a solicitors letter then it would become a notifiable dispute should your landlord aver wish to sell up. Faced with ending up with an appartment he may not be able to sell if there is a documented neighbour dispute and letting you leave early he may decide to let you leave early instead.

 

[freddiemercurystwin]

This is a helpful Forum (even if you ae a tenant) http://www.landlordzone.co.uk/forums/ There are tenant based forums too.

 

[daneski88]

This is a helpful Forum (even if you ae a tenant) http://www.landlordzone.co.uk/forums/ There are tenant based forums too.

When I get kicked off here (it's only a matter of time ), you know where' I'm going to hang out for a bit

 

[athelstan]

A couple of sites which may prove useful.

http://www.nfh.org.uk/

http://www.noisedirect.co.uk/

 

[dazza87]

i think you will find you have to stick it for 5 months then give 1 months notice.It works both ways landlord cant chuck you out when in contract but you cant leave.You could just leave but i quess you have payed a deposit /bond .i think you could be liable to pay the contract up dont think they would bother but not really worth the risk.

 

[holmslaw]

cancel the standing order and move out?

FFS

 

[Johnmelad502]

Give notice, move out (having had a new key cut) move back in the next day as a squatter. No rent to pay.

 

[Bahco]

Quoted from Citizens Advice Bureau


The first step, as always, is to ensure the complainant has been to see the neighbour making the noise. If the noise is not reduced and the neighbour is a tenant, it may be worth contacting her/his landlord. If the problem persists it is very helpful for the complainant to keep a record/diary of the frequency and type of disturbance which can be used as evidence in any future action.


Local authorities have extensive powers to deal with noise nuisances (endnote 13). The complainant should ask the Environmental Health Officer (EHO) to come out and investigate the noise. In some authorities, these officers operate a service covering evenings and weekends and agree to come at very short notice.

They are able to measure the decibel level of noise and to give an expert opinion on how it rates as a noise nuisance. The local authority has a duty to inspect its areas for statutory nuisances, to investigate any complaints made, and deal with any noise which is a statutory nuisance

If the officer has been unable to resolve the matter informally and considers that there is a noise nuisance, the authority must serve an abatement notice on the person causing the noise or the owner or occupier of the property.

This notice should say what the nuisance is and will either require that the nuisance be stopped or limited or require that specific works are carried out to prevent or lessen the nuisance. This applies also to noise nuisance in the street from vehicles, machinery or equipment, for example, noise from vehicle alarms.