No 'undue noise' after 8pm clause in contract

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    No 'undue noise' after 8pm clause in contract

    Hi guys,

    In the process of signing an AST with a private landlord, and one of the terms of the contract states that the tenant "must not make undue noise or play musical instruments in a loud tone before 8am and not after 8pm in the evening"

    Is this legal? Obviously I dont intend to hold rock concerts in the flat every night but is it legal to essentially prevent my having a party for example?

    Thanks!

    #2
    Perfectly legal. May not be enforceable but it is there to protect the neighbours. Wouldn't want future tenants suffering friction because of your wild partying .

    If you don't want to have this clause, find a property where it isn't in the contract.

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      #3
      Whoever drafted that clause clearly has no musical knowledge. Tone is about frequency/pitch, not volume.

      Plus, I suspect it is impossible in practice to define 'undue noise' as opposed to necessary noise. Is vacuum cleaning your carpets 'undue noise'? Is watching TV 'undue noise'?

      If you want to have a party occasionally, fine - just make sure you invite the neighbours.
      '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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        #4
        If it's a leasehold flat the lease may contain this prohibition, in which case LL has no choice but to include it in the AST in order to comply with the lease.

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          #5
          It's all fairly irrelevant as it would be covered by the tort of private nuisance anyway. Stupid clauses are stupid!
          [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

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            #6
            Originally posted by mr.mobi View Post
            ..........the tenant "must not make undue noise or play musical instruments in a loud tone before 8am and not after 8pm in the evening"
            Why is this clause so badly worded? Because it entitles the tenant to make as much noise as they like between 8 a.m. and 8 p.m. There really is no need to specify a time, particularly when a tenant is expected not to be a noisy nuisance at anytime!
            The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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