Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    nicknock Novitiate



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    Cagger since : Jul 2014
    Posts : 4 (0.00 post per day)

    Default Misled by our landlord about construction, noise pollution is becoming unbearable

    Hi

    We moved in to our rented property at Christmas 2017. We both work from home and took the property based on being able to do just that. My fiancé has a photography studio set up here with regular clients coming to the house.

    In May we found out that the neighbours had sold a patch of their garden to a builder who is now building a house on the land. The noise is unbearable, we are woken up every morning at 7 and we can't use the garden because of the noise and dust. The neighbours are also having their remaining garden paved by a separate company who also make noise from 7am. To top it off, our other next door neighbour have just started work on their house so we have to deal with hammering and banging all day on that side too.

    The landlord claims he knew nothing about any of it, which is rubbish and the builders have confirmed that they have had extensive conversations with him as part of the planning process and he in fact moved out of the house because of the construction.

    We have already asked for a rent reduction as we have been deceived in to moving in and the worst part is we pay nearly £2k in rent to live here! In this beautiful weather, we haven't been able to enjoy the garden at all.

    I have spoken to a solicitor who has told me whilst the landlord did have a moral obligation to tell us about the work, he unfortunately didn't have a legal obligation, which I just cannot believe!

    We have spoken to the builders who have now said they will try not to do noisy work before 8am, but even minor work causes enough noise to disturb us. We have to have the windows open because of the heat and there is no escape from it!

    We've requested a rent reduction but the landlord said no and we would have to pay to get out of our contract. There is another month left of the building works and we just don't feel like we can cope with it anymore.

    We're both being woken up in a state of stress and anxiety and its impacting on our work and our health!

    Is there really nothing we can do!?


  2. #2
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    Follow Real_CAG on Twitter
    Cagger since : Nov 2012
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    Default Re: Misled by our landlord about construction, noise pollution is becoming unbearable

    get on to the council envoironmantal health dept and ask them to inspect. Building work is seen as temporary so legal enforcement a bit harder and unless you asked your LL about any potential nuisance there is nothing to make him tell you. Be aware that councils also have things to say about using domestic premises for commercial purposes so I would avoid mentioning having customers calling as that may change the designated use of the property


  3. #3
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    sgtbush Novitiate sgtbush Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Jul 2012
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    Default Re: Misled by our landlord about construction, noise pollution is becoming unbearable

    Noise from construction works

    Councils can serve a notice on people carrying out construction or demolition works and tell them how the work should be carried out to avoid a potential statutory noise nuisance.

    The notice can specify any of the following:
    •a noise level
    •the plant or machinery that can be used
    •the hours when work can be done
    •steps that need to be taken to minimise noise

    Those failing to comply with the notice can be prosecuted and fined an unlimited amount, with further fines for each day that they fail to comply.


  4. #4
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    nikkikitch Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Jul 2006
    Posts : 240 (0.05 post per day)

    Default Re: Misled by our landlord about construction, noise pollution is becoming unbearable

    Hi,

    Thanks both for your replies.

    They aren't doing anything outside of working hours, apart from a couple of mornings when they've started at 7am instead of 8am which they said they will stop.

    The issue is we haven't been able to use our garden in peace for what will soon be 3 months out of a 12 month contract.

    Just infuriating we weren't told and that we have taken the house based in it being perfect for work and we pay a fortune for the pleasure!


  5. #5
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    Follow Real_CAG on Twitter
    Cagger since : Nov 2012
    Posts : 14,515 (7.03 post per day)

    Default Re: Misled by our landlord about construction, noise pollution is becoming unbearable

    problem is that a road drill at 20 paces wont be over the threshold for statutory nuisance if less than 6 hours a day in the daytime



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