Not fit for purpose

[Jljones]

I currently lease a commercial property and have done since May 2017. I signed my lease on a 2 year contract so it is not due to end until May 2019 however, the tenants in the flat above my property have been ridiculously noisy since moving in around July time and I am now loosing customers and receiving bad review because of the noise.

My landlord owns both properties so I have spoke to them about the issue and they have had a word with the tenants but the issue is still on going and I don’t want it effect my business any longer.

With the nature of my business, the atmosphere in the property must be a calm and relaxing one which at the moment it is the complete opposite.

As the property is not fit for purpose can I give this reason to end the lease early?

Any help or advice would be much appreciated as I have no idea what to do from here and very worried of my brand new business failing so early due to circumstances out if my control.

[AndrewDod]

Did you state the purpose, and the requirements before letting?

[Jljones]

Yes the landlord was aware of the specific business which I was letting it for. The property is used for a bridal boutique so you would expect a calm, relaxing atmosphere which is not what I am getting at the moment.

[AndrewDod]

Well my daughter's wedding was a pretty raucous violent affair. Most interesting but not relaxing in the slightest.......

I guess it's whether it is within the usual range (say the 99% limits) of what you might expect for a flat above -- or something extraordinary. And even then I doubt you will have much luck ending the lease on this basis (but I know more about rental properties, commercial may be different, but I suspect not unless specified and quantified in a contract)

[JK0]

Is there any chance of landlord evicting tenant above and letting to you? Then you get to keep your bridal shop, and have control over noise from upstairs, because there will be none when you are in the shop.

[Jljones]

As much as I would love to have the space upstairs, I really don’t need it so can’t justify paying for it.

I also worry about waiting for any sort of eviction as this could take months so would carry on effecting my business for months. It is getting to be a busy time for me too so this is why I feel I need to do something quickly before I get a reputation for have an unpleasant atmosphere in my boutique.