Help with new restaurant under flat

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    Help with new restaurant under flat

    Hi!
    I have been in a very old flat for around a month that is on the first and second floor of a building on a Main Street. Recently a new Spanish restaurant opened underneath our flat. The store was empty when we moved in. Sometimes the music is loud and you can hear it through the floors (when all our windows are closed). Also, the smell of cooking has started to come into the flat and you can smell the food throughout very strongly.
    There is no break clause in our lease. Is there anything else we can look into doing? Breaking lease or dealing with restaurant nuisance.
    Thanks!

    #2
    I am not by any degree an expert on this but if the premises below the flat had the requisite license to open as a restaurant when you took the tenancy then i can not see what they are doing whereby you could have any recourse to '' deal with restaurant nuisance '', they are doing what any business serving food would do ......Did you ask the landlord what he/she knew of the commercial (empty) premises below ? Does he or she own it ? What did you think was going to happen to the empty shop below your flat, it was always going to be occupied by some business or other. I would check with the local council to see what times they are allowed to serve/play music etc but beyond this i am not too sure what you can do.

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      #3
      If the landlord/letting agent knew that the property was licensed as a restaurant or that one was about to open and they didn't tell you before you signed up for the tenancy, that is probably a misleading ommission under the The Consumer Protection from Unfair Trading Regulations 2008.

      You should raise this with whoever advertised the property and gave you the tenancy information and argue that this gives you the right to void the tenancy.

      You might need some help from a legal professional or at least trading standards.

      But that's probably your only option - and the landlord/agent aren't going to want to agree, because the flat will be harder to let to anyone who doesn't work in the restaurant.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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