Noise in flat, complaint to Ombudsman

[euluta]

Hello,

 

My name is Lewis, this is the first time that I use this Forum, I hope I have placed my question in the right section. I need help and advice with a problem related to tenancy agreement and tenancy law.

 

I rented my accommodation through a letting agent. When I first looked at the room I was looking for one thing in particular, that the place was very quiet. I work part of the day from home on my computer and I also study: both require a very quiet environment.

The place where I now live used to be an office which is now being converted into bedsits and flats, I took the first one. About two weeks before I moved in I spoke directly with the landlord at the property. I expressed my concern about the noise generated by the building work which would be taking place over the next few months. I leave the house around two o'clock in the afternoon to go to my part time job. At the time the landlord assured me that it wouldn't be a problem because if there was any part of the building work that made a lot of noise it would be done in the afternoon so it wouldn't affect me.

 

Before signing the contract I insisted with the agency to put in writing what the landlord had told me about making the noise after 2 o'clock, but they told me that I was signing a standard contract with standard clauses that was the same for everybody. However, they assured me that everything would be alright; if I had been promised anything in particular they (the letting agency) would honour it. I reluctantly signed because I had already given notice at my previous address and only had a couple of days before I moved out of my old address.

 

One of the clauses on my tenancy agreement specifies that tenants are not allowed to make noise that can be heard outside of the flats so not to inconvenience the other tenants, if that is the case can the landlord make as much noise as he wants using the excuse that I knew when I took the apartment that there would be a lot of noise? Is he breaking any laws? Who can I complain to?

I have made a written complaint to the Ombudsman Property Services but I doubt whether they will do anything against the letting agency. Before I complained to the Ombudsman I complained to the Citizens Advice Bureau who told me that the Ombudsman would help me.

 

If I go to the small claims court what are my chances? I was naive enough to have signed a contract without demanding that the noise situation would be put in writing, and now sometimes can't study or do anything at home because of too much noise.

Is there any legislation concerning properties being refurbished whilst people are living on them? Are there any noise regulations that will protect me?

 

Please help,

 

Lewis