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  • To Sell Or To Rent

    Hi all



    We own a flat in a 50's local authority block, with v. poor sound insulation (i.e. none).



    There have been various problems with noise since we bought the place over 2 years ago now. However, the flat next door was bought recently, and rented to a group of students/ young people who cause a persistent noise nuisance (TV, stereo, shouting - the usual!). It is a large flat, and they've decided - in their infinite wisdom - to use the room adjacent to our bedroom as the lounge/ communal room.



    We went round a number of times when they first moved in to explain the problem, and was told - as we don't have children - that any amount of noise up until 10pm is OK, and that we should expect this.



    I've read a lot of messages here that suggest to take a log of incidents and contact the Local Authorities Environmental Health dept. However, I'm slightly concerned that any official complaint will make the flat harder to sell. Are any complaints disclosed by the LA to the solicitor of potential buyers by default?



    Also, if we decide to rent the flat out - and rent ourselves - we're concerned that any potential tenant will not be able to cope with the noise. As such, it's likely they will want to move out, and default on any tenancy contract.



    Seems like we're stuck. Can anyone offer any advice??



    Many thanks in advance,



    irobot

  • #2
    hi irobot



    welcome



    you do seem to be stuck in the middle, if you are looking at moving out then any offical complaints will have to by law be declared by your selves, other members who have been through this will be able to help you further with this



    I hate all noise now, we went through having 2 sets of noise makers living next door, it gets under your skin and seeps into your lives



    there have been cases where the sellers have been sued by the buyers for not declaring neighbour problems/issues



    no one wants to be in that situation





    have you contacted the land lord of the student accomadation? you could do it in a concerned way rather than a complaint way or you could see if any of your neighbours who plan to stay put are willing to complain



    that means offically you do not have the dispute



    ok..its a bit sneaky and I didnt really suggest it!!



    good luck and please let us know how it goes

    Comment


    • #3
      get in touch with the local authority they will kick some student/lessee a** .........



      a quote from my council lease which is probably similar to yours ......



      "on the lesseee's part to be performed and observed shall and may peaceably and quitely hold and enjoy the Flat during the said term herby granted "

      i.e. u have a right to quite enjoyment..............



      there is also a passage in my lease about singing, audio/visual equipment, radio's, musical instruments etc ad naseum..................



      so u have purchased this right and had it assigned to u from the leaseholder... no one is doing u any favours, u pay good money to be there.



      The local authority can also recover any costs from the students Landlord incurred in enforcing the convenants, conditions and agreements of their lease.



      so get onto the legal section and start making a big fuss.

      if the owner has rented to students they obviously don't give a monkeys about the neighbours...so i wouldn't even give them the time of day.

      shake a big stick everytime folks... the local authority can even take possession of the flat if he/she doesn't make them knock it off..................



      go in hard and fast , so they know u mean business.



      best of luck xxxxxxxxxxxxxxxxxxx

      Comment


      • #4
        Hi Irobot and welcome!



        I'm very sorry to hear you are in this dilemma



        I think it is well worth having a consult with a solicitor. For a look at the sort of information required on the Seller's Property Information Form, take a look at discussion in Winemonkey's thread. As follows



        http://www.nfh.or.uk/forums/index.php?show...t=re15&#entry16



        I hope this is of help. Good luck



        Sapph

        Comment


        • #5
          Hi irobot and welcome to the Forum



          Sounds like you're in a bit of a tricky situation and just deciding where to go from here. Noise nuisance is awful to suffer from. I'd like to direct you to the Self Help Articles on the NFHiB Home Page, which I hope you may find useful:



          http://www.nfh.org.uk/resources/Articles/index.php



          With regard to your specific queries/points,



          - Noise legislation applies whether you have children or not



          - If you make an offical complaint, then it will have to be disclosed on the SPIF (see sapphire's link for further information)



          - Of course, you could rent your property. Perhaps if you are in a student area, then you may find that any tenants you have share the same kind of lifestyle as your neighbours and may be less sensitive to noise nuisance. Generally, if tenants/landlords sign an agreement for a fixed term, they are bound by that agreement. However, there are circumstances where tenants could leave before the expiry of the fixed term. I would advise you to seek your own independent advice from a Solicitor if you are considering renting out your property - just to make sure that you get the right agreements signed between both parties.





          Hope that helps?

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