New tenancy but property's too noisy to stay here

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    New tenancy but property's too noisy to stay here

    Hello, I'm new and hope someone can help me out, I'm close to braking point and want to cry to please bear with me!

    We've just moved into a beautiful 4 bed detached house and signed an AST for 12 months. The house is very old and is on a very busy road (which we knew was busy). Before signing up for the house we came over at different times of day to see how bad the traffic/noise levels were, we decided we could cope with it as the house was so lovely.

    We moved in last Friday and have not slept a wink. The house is being shaken by the lorries that go past at speed all night. Two of the bedrooms are unusable as the beds vibrate every time a lorry goes past.

    We've got an 8 month old baby who is not sleeping either and we've just spent a hell of a lot of money on removals, deposits, rent etc etc. and really didn't think we'd need to be moving within a week but it's just relentless, the noise we can take but the house shaking is another thing entirely.

    So, my question is, can we get out of this? Do we have a leg to stand on? LL is away on holiday at the moment so we haven't spoken to them yet but could they just laugh and say well tough and we're expected to not sleep for the next year? Or is it possible for us to move (at yet more expense for us) and not have to pay the rest of the 12 months rent here?

    Sorry if it's a bit garbled, I'm in a terrible state at the moment.

    Many thanks

    #2
    No, you have no legal right to terminate early. L can make you pay rent for the whole term.
    BUT
    You can approach L and ask him to accept- voluntarily- an early surrender. You may need to sweeten this offer by agreeing:
    a. to pay his costs of finding a new T; and
    b. to pay rent until new T starts to pay rent or for the rest of the twelve months (whichever's shorter).
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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      #3
      Originally posted by jeffrey View Post
      No, you have no legal right to terminate early. L can make you pay rent for the whole term.
      BUT
      You can approach L and ask him to accept- voluntarily- an early surrender. You may need to sweeten this offer by agreeing:
      a. to pay his costs of finding a new T; and
      b. to pay rent until new T starts to pay rent or for the rest of the twelve-months (whichever's shorter).
      thanks Jeffrey. I certainly don't want to antagonise LL or get into a fight with them. It's just an awful situation to be in and although they seem like nice people, they're running a business at the end of the day and so why should they let us out of a 12 month contract. Can't believe this is happening.

      Comment


        #4
        You might even be a bit pro-active and yourself try to find a creditworthy replacement T whom you could refer to L. That would obviously avoid you having to pay item 'a' of my last post. However, it's best NOT to try and sub-let; that can cause endless problems.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          Unfortunately I couldn't recommend a new tenant as I don't think the house is habitable, certainly not whilst HGV's are allowed through the village.

          Comment


            #6
            Originally posted by NiceTenant View Post
            Unfortunately I couldn't recommend a new tenant as I don't think the house is habitable, certainly not whilst HGV's are allowed through the village.
            Why do you think that? Of course you're free to invite people to view, just as you yourself viewed. You're not the one letting to them, are you, so don't worry about the noise; don't even mention it, or else you'll doom yourself lumbered with having to pay the rest of the year's rent.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


              #7
              Originally posted by jeffrey View Post
              Why do you think that? Of course you're free to invite people to view, just as you yourself viewed. You're not the one letting to them, are you, so don't worry about the noise; don't even mention it, or else you'll doom yourself lumbered with having to pay the rest of the year's rent.
              Sorry, what I meant is that I do not know of anyone that would even consider looking at the house now that we've discovered it vibrates!!

              I'm not sure who, other than friends, we could show it to?

              Comment


                #8
                Originally posted by NiceTenant View Post
                Sorry, what I meant is that I do not know of anyone that would even consider looking at the house now that we've discovered it vibrates!!

                I'm not sure who, other than friends, we could show it to?
                I can understand that you're feeling uncomfortable at the moment, but it's surprising how quickly you get used to vibration in the house.

                There may be some parts of the house vibrating more than others - secondary double glazing can be a problem. (Little tinkling objects can be annoying, but you can move them to a more stable surface.)

                We have the same issue, but with trains - in our case the vendor was only willing to do viewings on a Sunday, when there was no service. Visitors always notice the trains, but for ourselves, and all the animals and garden birds, we just live through it.

                Even if your landlord were to accept an early surrender (which he may not) you might well find that the noise and vibration is not nearly so difficult to bear as you first thought.

                Comment


                  #9
                  Originally posted by Sad S View Post
                  I can understand that you're feeling uncomfortable at the moment, but it's surprising how quickly you get used to vibration in the house.

                  There may be some parts of the house vibrating more than others - secondary double glazing can be a problem. (Little tinkling objects can be annoying, but you can move them to a more stable surface.)

                  We have the same issue, but with trains - in our case the vendor was only willing to do viewings on a Sunday, when there was no service. Visitors always notice the trains, but for ourselves, and all the animals and garden birds, we just live through it.

                  Even if your landlord were to accept an early surrender (which he may not) you might well find that the noise and vibration is not nearly so difficult to bear as you first thought.
                  How can you learn to sleep in a vibrating bed though?! It literally shakes and therefore wakes you up, I don't think I could ever get used to that. Having said that, everything else is perfect, it's such a shame!

                  Comment


                    #10
                    I sympathise but... years 'n years ago (30+) I ended up in a flat in Brixton hill, traffic, neighbours, above a Pub, Police sirens, lorries going up hill etc. etc. (before the lorry suspension got good like wot it is now..).

                    Could sleep for a few nights, drove me mad.. then didn't notice it, no probs.. And, btw, the area was lovely, neighbours friendly, never had a problem - but the area had a terrible reputation then & one's contacts weren't keen on visiting...

                    similar thing happened when I ended up with a railway 25yds away from the bed... somewhere else

                    Hope it works out
                    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


                      #11
                      I was wondering whether the OP could put something under the bed legs to help absorb some of the shocks; eg neoprene or some kind of foam
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                        #12
                        I would echo other members' comments about getting used to it. We bought a large old house (to renovate and let), with a busy main road at the front and a metro line (trains) at the back. We didn't notice these things when viewing, but we certainly did for the first few days when we moved in to start work on the house. In fact, we spent a few sleepless nights wondering if we'd made a huge mistake and whether anyone would ever want to rent it from us with that amount of noise. Strangely enough, after a week, we had stopped noticing both the road and the trains - and it has never put groups of tenants off either when viewing or when living there.

                        Playing music helps, as does secondary double glazing.

                        You could also start a pressure group to lobby the council to ban HGVs from going through the village - or at least impose a 20mph speed limit?
                        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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                          #13
                          I can echo the above post. We live in a house that is right on an A road. There's a 30mph limit but (especially at night) the trucks rattle past much faster. It drove us nuts at first but now we don't notice it.

                          Comment


                            #14
                            I would speak to a lawyer and see where you stand and your options but this is a tricky problem in that while you could see that the property faced the main road, I feel it is not reasonable for you to have known that HGVs would be trundling past your home at speed and at night causing the home to vibrate and you to lose sleep, which affects everything in someone's life.

                            I am sure if such a thought occurred to you, you would have enquired about it which would have given you the alarming answer you now have discovered.
                            But I would also say that you could have done some checks with neighbours, local shops, police, postman, milkman (do they still exist?), schools, etc., to ascertain traffic levels, when and type of traffic given that the home is on a main road.

                            Nonetheless, I do feel bad for you and your family and I hope something works out for you, somehow.

                            Comment


                              #15
                              You do get used to it

                              Maybe some of the reasons you are experiencing so many difficulties is, as others have said, about getting used to a new environment. As for your baby, it is a completely new environment, new sounds, new movements, but babies do adapt very quickly, usually much more quickly than we do. If you are hyper tense at the moment, baby will pick up on that and it becomes a vicious circle. I agree with the views above, you really do become accustomed to noise; you don't have to like it but you do get used to it. As for vibrating beds, try moving it to somewhere else in the room if you can. i personally can't see the landlord letting you out of a 12 month contract so soon. Good luck.

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