Communal Area, Noise and Recourse

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    Communal Area, Noise and Recourse

    My friend and I are very close to signing an AST (6 month) for a 2 bedroom flat in London.

    The property is a huge old mansion block containing dozens of flats. It is, on the face of it, an amazing deal. The flat is massive, crazy crazy central. We were told is was cheap because there are a lot of stairs ( there really are) and it hadn't been modernised (it hasn't).

    'Our flat' is at the top, 5th floor - there is only one other flat on this floor. When we viewed the flat, I was very prepared with questions to ask. One such question was regarding the roof and access, which I was pleased to be told was not permitted. 95% of the roof is just awkward gantries and walkways that no one would want to hang around on.


    However, a quick bit of searching online has uncovered photos of people on the remaining 5% of the roof - this part is flat, has a safety perimeter fence and is right outside 'our' windows, which are just out of shot to the right.


    We are talking feet not yards, single glazing, sash non upvc windows - basically I have zero doubt I could hear every word spoken.

    Now I am not averse to noise, but my (obvious) fear is that with dozens of flats claiming this as their 'outdoor' space our lives would be made pretty miserable, pretty quickly.

    The lease states:
    1.5.1 The property situated at and being [THE ADDRESS], together with the fixtures, fittings, furniture and effects therein and more particularly specified in the Inventory signed by the Tenant and all grounds. It shall include the right to use, in common with others, any shared rights of access, stairways, communal parts, paths and drives.

    which seems to suggest the roof is fair game. However it also states the Tenant agrees to:

    Not cause obstruction in any common areas of any building of which the Property forms a part. The Landlord reserves the right to remove or have removed any such obstruction and at his discretion to charge the reasonable costs, payable on demand, to the Tenant for so doing.

    Not permit or suffer to be done on the Property anything which may be, or may be likely to cause, a nuisance or annoyance to a person residing, visiting or otherwise engaged in a lawful activity in the locality. This responsibility includes the actions and behaviour of visitors and friends of the Tenant.

    Not make or permit any noise or play any radio, television or other equipment in or about the Property between the hours of 10pm and 7am so as to be an audible nuisance outside the Property subject only to the design and construction limitations of the building.

    The whole building is managed by one company, as far as I am aware. Many letting agents carried the flat when it appeared online. I am rambling, sry...

    I guess what I want to know is, what can I do if this does indeed turn out to be a problem?

    I imagine loitering in communal areas is not 'allowed', as quoted (essentially) above. I would also contend that people socialising in a communal area within clear earshot of residents would constitute something 'likely to cause a nuisance[etc]'.

    Is this just at the discretion of the manager, or even worse just at the consent of the other tenants? (ie. they just say tough ****). The agents have been genuinely wonderful so far, instant replies, always on time - I have never had an experience as smooth as this and perhaps I am subconsciously looking for the banana skin.

    Bit clueless, sry for the length - tx very much for reading and any ideas would be very appreciated

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