Musical instrument covenant question, please help!

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    Musical instrument covenant question, please help!

    Hi experts,

    We're buying a leasehold flat
    I play cello (never after 8pm) -

    One proposed lease Regulation for a flat we're buying reads as below -

    "Not to sing or dance or play any musical instrument or equipment for making or reproducing sound or to act in such a manner so as to be audible outside the Property so as to cause annoyance to the Flat Tenants or any other occupiers of the Building"

    . Does this mean a) I can't play cello at all, or b) I can't cause annoyance if playing is audible to other tenants?

    Please help as this is a showstopper for us buying this flat. can anything be done about this covenant if the answer is a?

    thanks


    #2
    I suspect that if someone else hears it and makes a complaint it will be classed as an annoyance.

    I can almost guarantee that this will happen, i used to live in a downstairs corner flat and on occasions used to play keyboards not particularly loud. I was served notice due to "the loudness of my organ". This was considered a nuisance however the fact that i could hear the TV's and the tenants moving around in the adjacent flats was not.

    Musical taste is an amazingly diverse thing. I regularly hear young lads playing the latest chart music from terrible sound systems in their cars in the communal car park next to my property which annoys me immensely. If it was Nivana or Rage against the machine i wouldnt have an issue i'd actually like it to be a bit louder, i dont think everyone else would agree though!

    Comment


      #3
      Cellos have a spike that rests on the floor, don't they? Definitely going to treat the neighbours to cello music if you buy that place.

      Comment


        #4
        That seems to rule out TVs and radios barely audible outside the property. Bonkers.
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          Unless the flat has good sound proofing or you can live without your Cello playing I would consider it a deal breaker.

          Comment


            #6
            The answer is B. It is a common clause in lh flats.

            Comment


              #7
              Word. My reading of the clause is that it's two parts - a) not to make noise that is b) annoying to other residents. Both have to be in play for the clause to be broken. I think you're fine, OP.

              Comment


                #8
                Thanks this makes a lot of sense. We just want to be cautious and make sure Lease regulations therein are fair.
                thanks all for your help

                Comment


                  #9
                  Don't underestimate the value of talking to your neighbours either. The Lease is there to provide clarity on covenants to help resolve disputes but it's by far the better option to ensure no disputes occur in the first place. A quick knock at your immediate neighbours to say hello and let them know that you never play after 8pm but if they have sleeping babies or are doing nightwork and need other considerations to feel free to ask - that'll go a long way to ensuring your neighbours never have to look at their lease in the first place. In my experience, it's the feeling that they can't ask you to keep it down that results in complaints to the managing agents.

                  Comment


                    #10
                    Thank you for the kind advice. Yes we do that, and we'll be doing precisely that.
                    Best
                    M.

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