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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To unleash at the landlords?

21 replies

Cantcopewiththenoise · 08/12/2015 01:33

We live in a flat above a shop. Our floors/their ceilings are very transparent, noise wise.

The old shop occupants were just a 9-5 clothes shop, very quiet. They left about 7 months ago and its been bliss tbh. Our landlords are a big firm, property agent.

Last week the shop was let, and work has begun. Oh my god has it begun...they're gutting out the entire shop and turning it into a taxi rank. Works began Friday - banging, drilling, shouting, music, sawing...from 8am til 9pm. Then Saturday and Sunday, same hours except they started at 9 on Sunday.

Then today, 10am to 10pm. We can hear EVERYTHING. DS's bedroom seems to be directly above the main noise and he finds it disruptive, we can smell industrial type smells too so had to have the windows open this evening.

They finished around 10, then came back around 11.45 for 15 mins waking DS up.

They left but came back, I've been hearing banging for the past hour. I'm alone and off work at the mo with severe stress and anxiety. My hearts pounding. I'm receiving housing benefit so afaik I couldn't get a rent reduction, but don't really care about that I just want some quiet Sad

Aibu? Oh, sounds silly but I have cats and all the noise has scared them off, not seen them for 12 hours now which isn't like them.

Am frazzled.

OP posts:
lucymootoo · 08/12/2015 01:38

Who's landlord do you want to "unleash" at? If it's your landlord then yes I think YABU. I don't think my landlords would care if I had noisy neighbours.
Your probably best approaching them directly and asking how much longer the work will go on for etc

lucymootoo · 08/12/2015 01:40

If they are banging at 1am then I'd be phoning the local council first thing in the morning to come and warn them about noise at unsociable hours.

At this time of the night I would even phone 101.

Original poster
Cantcopewiththenoise · 08/12/2015 01:42

Should have explained properly - we share landlords. The entire building is owned by a millionaire elderly man living abroad, he hires the property managers to deal with both the flat and the shop.

Maybe I am BU, that's sleep deprivation I guess! Hopefully will feel more positive tomorrow and yes I'll approach the workmen and try to suss out the expected schedule.

OP posts:
lucymootoo · 08/12/2015 01:47

Oh I see. Yes you could definitely approach them then. Sleep deprivation is the worst.

Original poster
Cantcopewiththenoise · 08/12/2015 01:51

It really is Sad

Feel sorry for ds too, he struggles to get to sleep and this just makes it harder for him. I did think I'll phone the council first thing, surely 1am banging is taking the piss! But will speak to the guys first, they seem friendly enough.

OP posts:
headexplodesbodyfreezes · 08/12/2015 01:58

Banging at 10pm is too late.

But tradesmen finishing at 10pm then coming back for 15min at 11.45pm is highly unlikely. Sounds more like a burglary to me. Are they leaving tools there?

TheBunnyOfDoom · 08/12/2015 05:06

We're in a similar situation, OP. Our flat is above a family business and they live next door. They're always popping in/out at stupid o'clock to get materials or to find something and my GOD the noise carries!

You need to go and speak to them. Councils have noise laws and doing DIY at 10pm is not OK. They need to get the noisy stuff done during work hours.

Although if it's a taxi rank I wouldn't hold out much hope for it being quiet once the work is done! Surely there'll be people coming/going round the clock, especially at weekends? Confused

wowfudge · 08/12/2015 06:27

Why does coming back at 11.45 sound unlikely? If they are arses working on the place until 10pm they might well think it's acceptable to come back later.

There are rules about carrying out such work in residential areas. This isn't DIY, it's a shop/business fit out.

If that had been happening to me, I'd have gone and confronted the workmen myself, but not everyone would. Definitely tell them they've disturbed you.

You should contact the managing agents first and ask them to deal with the new shop tenant and his workmen. Write down what has been going on with dates and times and let the agents know. Then if they don't act - and they should be asking them to stop the work at a reasonable hour the same day - contact the council.

I would be concerned that a taxi office will operate 24/7 and that proper sound insulation from the shop side of the building is required. If necessary get someone from the agents to come round and experience the noise from your flat.

iwannadancewithsomebody · 08/12/2015 06:38

OP if I were you I would be checking the correct permission has been granted to turn it into a taxi office from your local council.

And I would seriously consider moving as the noise from a taxi office can be rowdy particularly at kicking out time/weekends.

Sorry, probably not what you want to hear

LuciaInFurs · 08/12/2015 07:16

For a short term solution for your son, these may be helpful earplugs

I have insomnia and anxiety and horrible neighbours, these are currently keeping me sane. You do have to really roll them between your hands to get them flat enough to insert them far enough into your ears.

Hissy · 08/12/2015 07:36

If its going to be taxi rank, you do realise that what you're going through now is a blessing in comparison?

MOVE. ASAP.

FiveGoMadInDorset · 08/12/2015 07:40

Was about to say what Hissy said, taxi firms can be 24 hours, especially if they have a shop

brummiesue · 08/12/2015 07:45

Sorry but the noise from a 24/7 taxi rank will be unbearable, start looking for another flat!!

Pippa12 · 08/12/2015 08:17

I was thinking that this is probably just the start of your torment. I would imagine a taxi rank will be awful. I'd start thinking about moving pronto xxx

FreeWorker1 · 08/12/2015 08:29

The landlord (or his agent) are breaching your right as a tenant to Quiet Enjoyment. This is a legal term below:

The bottom line is you have a legal right to live in your property without disturbance and that includes noisy renovation, industrial chemical smells and undoubtedly the ongoing noise of a taxi office operating 24/7. You should go to your local council Housing Officer and explain the situation. If you were forced to leave, you are in effect being evicted illegally by the landlord making a nuisance. The housing officer will be on your side because they do not want the cost of rehousing you. Councils come down hard on landlords/agents acting illegally. There are clear environmental health issues here.

QUIET ENJOYMENT

Quiet enjoyment is a right to the undisturbed use and enjoyment of real property by a tenant or landowner. The right to quiet enjoyment is contained in covenants concerning real estate. Generally a covenant is an agreement between two parties to do or refrain from doing something.

Courts read a covenant of quiet enjoyment between the Landlord and Tenant into every rental agreement, or tenancy. Thus a renter, or tenant, has the right to quiet enjoyment of the leased premises regardless of whether the rental agreement contains such a covenant.

In the covenant of quiet enjoyment, the landlord promises that during the term of the tenancy no one will disturb the tenant in the tenant's use and enjoyment of the premises. Quiet enjoyment includes the right to exclude others from the premises, the right to peace and quiet, the right to clean premises, and the right to basic services such as heat and hot water and, for high-rise buildings, elevator service. In many respects the implied covenant of quiet enjoyment is similar to an Implied Warranty of habitability, which warrants that the landlord will keep the leased premises in good repair. For example, the failure to provide heat would be a breach of the implied covenant of quiet enjoyment because the lack of heat would interfere with the tenant's use of the premises and would also make the premises uninhabitable, especially in a cold climate.

Other rights related to quiet enjoyment may be tailored to specific situations. For example, at least one court has found that the ringing of smoke alarms for more than a day is an interference with a tenant's quiet enjoyment of leased premises.

Tenants have at least two remedies for a landlord's breach of the covenant of quiet enjoyment: the tenant can cease to pay rent until the problem is solved, or the tenant can move out. A tenant who moves out may be liable for any rent owing under the agreement if a court decides that the landlord did not breach the covenant of quiet enjoyment.

BlueJug · 08/12/2015 08:33

Agree with others that taxi rank will be hell. Advantage of renting is that you can give in your notice and just leave. Ok, not easy to move but you can go.

This happened to my DP's mother. The nice little shop below them turned into a Chinese takeway and the noise and smells made life hell - and of course they were unable to sell as no-one was going to buy the flat even for a significant drop in price. The mother had a nervous breakdown. The takeaway eventually changed hands and the flat was sold, for a loss.

Sorry this has happened - it will be disruptive but do as PPs have said and report and then move.

MrsGradyOldLady · 08/12/2015 08:40

The noise is going to be horrendous once the taxi rank opens. Phones ringing, radios, drunk people, possibly vomit on the pavements, food spilled, arguing. I'm sorry but I would imagine it's going to get a lot worse. In your position I'd definitely be looking to move.

Original poster
Cantcopewiththenoise · 08/12/2015 10:36

Thanks so much for the replies, really appreciate it. Thank you Freeworker for clarifying the quiet enjoyment situation, that's the term I kept trying to think of while I was raging at 1am and you've made it v clear in your post, helps loads.

I'm not liking the thought of it being a taxi rank at all, in fact as several posters have said its going to be a nightmare. Not sure what I can do, my financial situation is vastly different to how it was when we moved in a few years ago, I've got no savings now, on ESA for long term health issues. Moving doesn't seem possible, but will apply to go on the council waiting list.

I rang the landlord this morning, he wasn't happy and said he'll speak to them immediately, then I went downstairs and the tenant was there, the guy who will be running the taxi business. I politely told him about last night and he was horrified - in fact he couldn't be more apologetic. He said he'd instructed them to finish work at 8pm so in his words is going to be "giving them an earful". He insisted I take his number and to call him anytime they disturb us too much or too late. So I do feel loads better now.
Thanks again for advice Chocolate

OP posts:
ProudAS · 08/12/2015 11:11

IMO sound proofing should be compulsory for flats such as yours. Friend of mine has to wear ear defenders in his flat (luckily he's able to tolerate ear defenders, some autistic people can't).

Glad the tenant was OK with you - let us know how you get on with council.

Original poster
Cantcopewiththenoise · 08/12/2015 11:20

Will do proudAS. Tbh I have a feeling of dread about when the taxi business gets going, so I'm sure this isn't going to be the end of it! Ear defenders might be the way forward...

Meant to say thanks lucia for the earplugs link, will get some for my son Smile

OP posts:
whois · 08/12/2015 11:27

God yes the taxi office will be awful to live over - I would move asap. Thank god you're renting and down own it!

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