AIBU to think this is a fair reason to terminate a contract?(25 Posts)
Sorry if this gets long winded, but I don't want to drop feed...
I'm in a bit of a predicament and decided gl start this thread to get a few opinions (and to generally have a moan really tbh )
We moved to a house in November , after 5 years in one house our landlord decided he needed to sell, so we ended up moving. (A little further out of town than I wanted to go and nearly twice the rent of our previous house , but my husband really wanted to move to this particular area .) Nuce enough house, neighbours keep to themselves (as do we) so it worked nicely for the first couple of months . We got a letter in the door regarding planning permition next door had applied for to demolish their conservatory , and build a two story extension in place of what is their garage. The garage is attached to the side of their house (semi detached) so I didn't batt an eye , didn't anticipate it would have any impact on us . Well, I was wrong ! They have the whole conservatory demolished (pneumatic drills to pull up the foundations, you name it) which was two weeks of hellish notice but what could I say? Their house, its within the legal hours they're allowed to make noise,so I took it on the chin . I'm mainly at home with my two year old , but Wednesday Thursday and Friday I work from home for my husbands company (it's only just gotten off the ground in the past 18 months so I do the admin and deal with his overseas clients to save hiring another staff member) Anyway, turns out this two story extension isn't going in place of their garage, it's being constructed using the wall we share . Since MARCH , from 8 am til 2 or 3 pm five days a week the masonary drills and hammering is going on . It's been months of sheer hell and I can't stress enough how loud and intrusive it is. I've had to walk outside the house to take a call from a client because standing next to a busy road was easier to hear that standing in the house . The floors and walls are vibrating right now as we speak . The neighbours have been in at the beginning of the build to apologise in advance for the disruption , honestly can't say much against them , and I totally get that it's just life that if someone wants to demolish their house it's not their problem if I work from home , but it's really getting too much now. It's having an impact on my work which is stressing me out me it's causing arguments between me and my husband . I'm on the go 24/7 as I've got a 12 yr old son , a five ye old son with special needs, a two yr old , two step daughters that I have regularly , neededing to do my but for my hubbys busines, and somewhere in between I'm trying to study for a diploma . I am seriously struggling to keep it together , to the point that I want to move . Feels like we pay a stupid amount of rent to live on a demolition site . We are in a 12 month contract until November but I don't think I can cope another day here. I don't care about the deposit or anything, but I am aware if we leave before the tennancy is up we may be liable for council tax/ water bills at this property until it's tennanted again or the agreed period is up . The landlady has moved to HongKong so communications with hervare done by email and don't get addressed very promptly due to time difference , AIBU to think this building work next door is enough to argue that the landlady should allows us out of the contract early? I know I've waffled on and on so if you've gotten this far , thank you for taking the time to read my moan even as I sit typing this my brain feels like it's going to explode with the drilling , and I have on many days taken my work to a local coffee shop etc but I feel like I'm being driven out of the house every single day .i just want out of here now altogether .
I sympathise with the noise and disruption, but it's not your LL fault so the contract would still stand and you'll be liable for things til it's relet or the end of your tenancy
My days I've just read over what I typed, I'm sure it makes some sense but I do apologise for the handful of spelling errors . Can't really think straight
Yeah I feared as much . sat having a think about it and might actually take the liability on the chin, just keep paying but move away anyway . That's how seriously down it's all getting me.
Was the landlord aware of the works when you signed the agreement? Have you looked at the planning details online to check? If LL was aware, then potentially you have a reason otherwise probably not.
Have you got a six month break clause? They're very common. I'd check and be gone if possible!
Surely you could have contested the build at the beginning once it became clear it was being build on the joining wall and NOT in place of the garage which is what the planning permission you saw was for? They changed what they were building, you should have had a chance to look at the revision and possibly contest it, they building work might not even be legal if it doesnt match the original planning permission.
You could potentially still be liable for the rent too until a new tenant is found, not just the bills. And the LL is not under any obligation to find a new tenant, particularly at any speed.
We are having building work that has massively over run (we are now 15 months into what was meant to be 4 months ) and my job is fully home based, so I completely understand your pain. I go to the office periodically when it gets too much. And I keep taking my neighbours wine and chocolates!
Speak to the neighbours about the impact it is having, find out how long the noisy phase will be ongoing for. Might it be better if they worked longer days but only there 3 days for example?
Bear in mind that even if you move, it will take time to find somewhere, go through referencing etc and the noisy part might be completed by then.
Unfortunately, unless your contract states that you can leave if there is building work in the adjoining property, I don't think you can claim that the landlord is not fulfillling the contract.
It would be a very good idea to let the landlord know what is going on. S/he may be able to take some action, specially if the neighbours are doing something they don't have planning permission for. There may be regulations regarding the party wall.
That sounds really ghastly, I'm not surprised you're so upset. Could you rent an office for yourself somewhere nearby on a temporary basis? Can the neighbours give you any idea how much longer this is going to be going on? Can you ask them in a neutral sort of way?
The neighbours are apparently in regular contact with the landlady via email and have said they give her regular updates on the work they're doing. I get the impression they're friends anyway so I imagine she was fully aware of their plans to do a big rebuild .
Onalongsabbatical I have discussed maybe renting a small side office in the meantime , so it is a possiblity ... Just really wanted to save on the extra overheads of having to do so. It's looking like the most sensible option though .
Viserion that's a very good point , I think it just all started to get overwhelming out of nowhere and I've gone from being accepting of it to really dressing every day
Maybe running out of the house is gunna be more trouble than it's worth ...
AlmostAJillSandwich the beginning of the build involved demolition of their conservatory , the new two story extension is being built in its place as opposed to in place of the garage as originally mentioned in the planing (they haven't touched the garage) it was only when they started pulling the walls down and all the steel was being put in that I realised it's being built onto our shared wall . Feels like there's only an inch of wall left between them and us now
TomHardysLeftFoot I went through the tenancy agreement looking for a break clause and can find no mention of one
Check the original plans that were authorized with planning.
Reading earlier about a house that didn't adhere to planning and half of it has had to come down.
Ll might also not be aware that it's sharing her wall - don't you need a party wall agreement for this type of work?
Don't assume your landlord knows anything. Have you sent the letters addressed to owner/occupier that came from planning on to your landlord?
If they are using the adjoining wall there should be a party wall agreement.
I feel your pain. Not much you can do about the noise during legal hours, apart from take a long stroll/ go to park just for a change of environment.
As the work being done is not what they originally told you, contact your local planning department to ask if they are aware of this or if that WAS the original plan. If it wasn't maybe they would halt the work while investigating - one can hope
movingonup yeah we forward all the LL post to her mother's address here in the U.K. , but not sure if her mother filters it or even sends it on to her in HongKong at all ...
I'm pretty certain LL and NDN are friends from what I've been able to gather so I doubt she's in the dark about the works...
Like I said, don't assume.
I'm on good terms with the neighbours at my old house that's now rented out. I wouldn't know anything about planning and extensions, unless my tenant told me, because I don't live there any more.
Maman I know you're right they're not breaking the law by making noise in the day and there's not a lot I can do about it...but it's going on and on for months and some days i need to be at home
Really just begrudge the cost of renting a property in being drive out of on a daily basis
moving maybe that is the case.... think I need to do a bit of audulting and have a conversation with LL ...
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