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Deceived by landlord about construction by BOTH of our neighbours


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Hi

 

I have posted about this before

https://www.consumeractiongroup.co.uk/forum/showthread.php?488538-Misled-by-our-landlord-about-construction-noise-pollution-is-becoming-unbearable&p=5134398#post5134398

and now the situation has become even worse and we desperately need some advice.

 

We moved in to a rented property at Christmas last year and soon after a builder came to the house to tell us he'd bough a patch of the neighbours land to build a house! He told us the landlord knew about it and it was why he had moved out of the property. There was a planing process which the landlord knew about and apparently he had arguments with the builder about it, at one point he said he would try and get an injunction to stop the works.

 

After enduring construction works literally in our garden all summer, our enjoyment of our garden has been ruined, we've had to put up with the noise, the dust and the constant lack of privacy.

 

NOW to make it worse, our adjoining neighbour has started renovating their house, so we are now woken up every morning to drilling walls. The whole house shakes and we are woken up in a stressed anxious state every day. We work from home and it's now impossible with the horrific noise. They're renovating their basement and bathroom which won't be a quick job.

 

Im not exaggerating when I say this is ruining our lives. I don't sleep very well anyway so being woken up to this noise from one side or another every day for three months has made me a nervous wreck!

 

The landlord knew about both plans and let the house to us deceitfully. Is there anything we can do? Ive checked about the noise and as someone has already said on a separate thread, they aren't breaking any laws so theres not really much we can do.

 

We took out a 12 month lease and three months of those have been unbearable. :( We pay a fortune to live here and it's been totally ruined.

 

Any advice would be appreciated! I was already told by a solicitor that whilst it's morally wrong that the landlord didn't tell us about the building works, there's not much we could do legally, however now the other neighbour has started works too, I'm wondering if we have more of a case for damages.

 

Ive taken video and photographic evidence of the noise levels, dust and now the drilling from next door

 

Thanks

Edited by dx100uk
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IMO same situation applies and I assume LL had no prior knowledge of 2nd neighbour's intent?

Council may be able to restrict noise to between 8am and 6pm but have you not considered negotiating with your neighbours first?

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The landlord knew about both plans and let the house to us deceitfully. Is there anything we can do? Ive checked about the noise and as someone has already said on a separate thread, they aren't breaking any laws so theres not really much we can do.

 

I was already told by a solicitor that whilst it's morally wrong that the landlord didn't tell us about the building works, there's not much we could do legally, however now the other neighbour has started works too, I'm wondering if we have more of a case for damages.

 

There's constant work going on around me so I know how annoying this is, but I don't think there is lot you can do about it legally.

 

Did you specifically ask the landlord if he was aware of any planned building works before you entered into the lease? If so there's a possibility you could do something as it might be a deliberate misrepresentation entitling you to void the lease ('might', I'm not saying it definitely would).

 

But I'm guessing you didn't. In which case you may feel LL was deceitful morally, but legally only deceitful if the LL had a legal duty to disclose the planned building works to you. I don't believe he did if you didn't ask, and it appears the solicitor you've spoken to doesn't think so either.

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no one is obliged to tell you about this and if the workd required planning consent then you ahd the opportunity to look this up before you accepted the deal. What you can do is make sure that the builders are obeying the law by getting on to planning or environmental if they are too noisy, encroaching on your space or whatever. not liking it isnt reason to complain, it must have some basis in law.

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