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Noise from Building Work

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  • 23-09-2011 11:54am
    #1
    Registered Users Posts: 79 ✭✭


    Hope this is the correct area...

    We moved into a house last year (rented) and it is a semi-detached with the owner in the other half. On signing the lease, we were told to go through the agent with any issues.

    Building work started within 1 month of us moving in and we were told it would take a couple of months.....we were then told a couple more months......then told September.....as of last night, it is still going on 12 months later.

    This is severe building work, but they are working within regulations and by all accounts are nice builders - always say hello etc..the owner is not living there at the moment

    However, I do have an issue with the agent not telling us that there would be 12 months of building work going on as soon as we moved in - do you think I should take this issue further if the agent knew? If the agent didn't know, is there anything I can do?

    Many thanks


Comments

  • Registered Users Posts: 3,699 ✭✭✭bamboozle


    the work being undertaken is legal so I doubt you've any recourse.


  • Registered Users Posts: 7,265 ✭✭✭RangeR


    You're renting. Move!! There are plenty or properties out there.


  • Registered Users Posts: 40,133 ✭✭✭✭Boggles


    Hope this is the correct area...

    We moved into a house last year (rented) and it is a semi-detached with the owner in the other half. On signing the lease, we were told to go through the agent with any issues.

    Building work started within 1 month of us moving in and we were told it would take a couple of months.....we were then told a couple more months......then told September.....as of last night, it is still going on 12 months later.

    This is severe building work, but they are working within regulations and by all accounts are nice builders - always say hello etc..the owner is not living there at the moment

    However, I do have an issue with the agent not telling us that there would be 12 months of building work going on as soon as we moved in - do you think I should take this issue further if the agent knew? If the agent didn't know, is there anything I can do?

    Many thanks

    What do you expect from the agent if you take it further?

    1. An Apology?

    2. Compensation?

    3. A break in the lease?

    I certainly think you have grounds for 1 & 3. Although 1 doesn't real make much difference on the scheme of things.

    Guess what I'm asking is, What's your intention, what do you hope to achieve?


  • Registered Users Posts: 12,500 ✭✭✭✭TheDriver


    i assume there is an opt out in the rental agreement due to conditions or something? Have a read through the contract, if you can't sleep etc due to noise then it might be a factor to break the contract with no penalty


  • Registered Users Posts: 79 ✭✭Dublin Mark


    Thanks for all the replies and yes, will look again at the Rental Agreement and like RangeR said - I can always move.....


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  • Registered Users Posts: 2,344 ✭✭✭NUTLEY BOY


    Frankly, I think that you are a victim of nuisance and a breach of an implied term in your contract/lease.

    If the building work constitutes an unreasonable interference with your basic enjoyment of your part of the premises that is the essences of nuisance.

    I would argue that it is an implied term of your lease/contract that you should be able to enjoy the basic rights and benefits that go with your occupancy/tenancy and that the premises were knowingly let out to in the knowledge that the bulding work would take place. In the alternative, the actual situation that has occurred has actually impeded you from enjoying your basic entitlements.

    A break in the lease as suggested by Boggles would seem to be fair at a minimum.


  • Registered Users Posts: 33,518 ✭✭✭✭dudara


    Moved to Accomodation & Property

    dudara


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