Can I withhold some rent?

[WontBeUsingPassMyParcelAgain]

I've effectively been living on a building site for the last 5 months. I rent a property next door to a massive old house which is being completely renovated. This has been involving weeks of two diggers working, my fence missing for 6 weeks so no privacy from all the builders and this week they are putting up the new fence from my garden side. They are swearing, playing loud music and dropping skip loads of stone outside my bedroom window at 7.30a.m (which is not legal). They have taken down all the lovely shrubs and bushes between the two properties and my bed shakes with the digger when they start work in the morning. Obviously, in lockdown, we have been stuck here and I'm unable to work. This won't change now until at least September. They are doing a 2 year project.

I've randomly booked a cottage for next week in desperation to get some peace and privacy for my DC and me. My landlord has met with the neighbour and agreed all this work could go ahead during lockdown. Would it be reasonable and legal to ask for a reduction in my rent, at least for next week? I genuinely had no intention to go away this summer due to being furloughed on a tiny sum (due to my line of work), but I can't bear it here any longer. I've talked to the pollution people at the Council but they haven't been very helpful.

Please be kind in your responses. I suspect I don't have a leg to stand on, but I'm so fed up.

You are entitled to request a rent reduction, yes. But can you legally withhold rent? No.

Keep on at the council.

You should have been written to. Your landlord should be onto that stuff and have warned you at the very least.
It's worth a try to get compensated. It can't have been easy.
Good luck

Have you been having an ongoing conversation with your landlord about this?

Definitely don't withhold rent unless you don't mind facing eviction whenever this is allowed again.

What discussion have you had with your LL? How long have you been renting?

Ultimately, you would have the same issues if you owned your house. The issue is not with your LL but with the next door neighbour and the liberties the workers are taking. However, your LL should protect his property and your home when it comes to damage to the garden.

I think I’d try and move quite honestly. Take advantage of the fact you rent. It will getBetter as they move inside but the noise will be constant, if slightly more bearable. Appreciate that’s not easy but this isn’t down to your landlord . I’ve just moved out of London from neighbours who were constantly renovating , and a new school being built behind and for a year before my floor just seemed to constantly vibrate .85/ horrid I know

Who is your landlord? Private or council, HA

Who is the owner of the house next door? Who is doing the building work and have you contacted them at all?

I'm renting privately and can't move until I've sold my own house elsewhere as I have a neurodiverse son who would not cope with two moves in quick succession. We've been here 21 months. I've had ongoing discussions with the owner next door (not currently living on site) and the letting agent, having supplied photos and videos over the last 4 months. I've been in regular contact with the pollution lady at the Council who has been utterly useless. (They are only breaking the law infrequently apparently, so that's okay..)

The owner next door owns the building firm. His worker was spitting phlegm from the top of the scaffolding this week after a prolonged coughing fit. In fairness, when I complained to the owner about that and the swearing ( f words repeatedly shouted off the top of the scaffolding!), he did come over and speak to them and put up a sign. It's just too much. I need my house to sell so we can move.

I’m wondering how you think withholding rent from your landlord is going to be of help to the situation with the issues next door?

If I was your landlord and you withheld rent then I would serve you with a section21 if then we get to court and the judge asks you why you didn’t pay the full amount - the issues with next door has nothing to do with your landlord

I would suggest contacting private housing at your council, tell them you’ve been in contact already with environmental about the noise pollution and ask for their advice - it’s doubtful though that it’s your landlord jurisdiction to be able to responsible for the works next door

But it’s worth a try and they may have some advice for you regarding compensation?

My landlord came to the site and agreed that they could take down all the trees, bushes and shrubs (a well established line about 15-20ft high) between the two properties during lockdown which has left me with no sound barrier or privacy for 7 weeks. We have not been able to use the garden as a result. It is like living on a building site.

Sounds like a horrible situation, however I wouldn’t withhold rent. I’m no expert on rent but I’m pretty sure that the landlord could take you to court for unpaid rent which would cost you more in the long run as fees would be added. If you really feel that your income has been reduced (you mention you have been unable to work) perhaps you could ask for a rent reduction and outlay your reasons why.
My other suggestion would be to contact the housing department of the council or the citizens advice bureau as they will have much more of an idea about anything you may be entitled to than the pollution officer.

Why does the lack of a shrub mean you cannot go into the garden?

Removing shrubs on the land doesn't stop you using the garden.

Your privacy has been compromised but that isn't in your tenancy agreement

5 months is nothing, my poor friend has lived next door to a building site (that also removed all the shrubs and trees for NO reason as they weren't within 20ft of the house) for over 2 years!
I'd be getting on to your EA and nagging them to get them shifting your property.

Don't withhold rent, but absolutely do ask for a rent reduction. And I agree that the best solution seems to be to sell your other house asap and move. This sounds so stressful.

Thank you for all the replies.
The deisel fumes from the diggers have meant neighbours three doors up are keeping all their doors and windows shut too, like we are. That, the noise and the builders last week standing in my garden to rebuild the fence mean that we have not been able to use our garden for the last 7 weeks when they are around. It would be like sitting in a building site. It is a two year project but I hope to be long gone by then. I've emailed the letting agent to ask for a rent reduction.

I feel your pain Op...i have building work going on at the bottom of my garden....when i bought my house i had gorgeous views over open fields....the landowner has sold of some of the land and now houses are being built on it....my view is now ugly machinery...diggers..etc all right behind my fence...there is nothing i can do as its his land.
Its really spoilt my garden as its all you can see....i put up a fence to try and hide the machinery but he just keeps putting more and more there.

I would also raise the safety concerns for your dc. If your garden is unsafe, thus is not acceptable.

Don't withold rent - if you want to rent again, and it would affect your finance score. Contact coumcil if it is very disruptive and also your landlord.

Morning

Based on the information you have provided this project is notifiable to the Executive under the construction design and management regulations.

This means that the Client (owner/developer) is responsible for submitting a notification to the health and safety executive. The name of the form is an F10 notification. You can see an example on the HSE website.

Legally this notification must be displayed at the site office. The notification will confirm the client, principal contractor, principal designer and contractor name and contact details.

Would you be able to speak to the site foreman and ask to see a copy of the f10 notification?

Take a photograph of the f10 notification and come back to me.

If your not able to do this come back to me.

Please can you also take photos from front and back of property . Take as many as possible

You need to contact the health and safety executive and inform them about the site and conditions. State it is a domestic project which is notifiable to the executive under the Regulations. Then leave the HSE to deal with it. Failure to comply with regulations falls under criminal law.

Continue to pay your rent as normal.

Would you stop paying a mortgage for the same issues