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Noises and Letting Agreement

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  • 07-05-2013 3:22pm
    #1
    jcarlostsousa
    Registered Users Posts: 7 ✭


    Hi Everyone,

    I just move to Ireland 3 months ago and i'm renting a 2 bed apartment in Galway.

    I love the apartment and besides the noises produced by my upstairs neighbor's heating i would want to stay in the apartment.

    Whenever my neighbor turn their heating on i hear a clapping sound for 2 minutes. Now is fine because they don't use it that much, but during the first 2.5 months of the year i would wake up, first at 4am, and after talking to the neighbor, at 6.30am, everyday.

    The landlord owns the whole block and he sent a plumber in. The conclusion is that there is nothing he can do about it because "it is normal".

    Is it really normal?? Can i break the leasing agreement over this?

    My neighbors have the right to turn their heating on whenever they want to but i should also be able to wake up at the time i want, right?

    Thanks in advance!


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    #2
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    you have no right to break a lease for this.

    the landlord cannot be held to account for a neighbours heating system making noises. Buy a set of ear plugs problem solved.


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    #3
    jcarlostsousa
    Registered Users Posts: 7 ✭jcarlostsousa


    @D3P0, thanks for your reply.

    The whole block is owned by the landlord and the gas heating installation is part of the block. It is not something you can replace by your own heating. I see it the same way i see a faulting water installation...If my neighbors water installation leaks into my apartment shouldn't the landlord fix it?


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    #4
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    jcarlostsousa wrote: »
    @D3P0, thanks for your reply.

    The whole block is owned by the landlord and the gas heating installation is part of the block. It is not something you can replace by your own heating. I see it the same way i see a faulting water installation...If my neighbors water installation leaks into my apartment shouldn't the landlord fix it?

    Well it is the landlord who is completely responsible as he owns the block.

    Pipes expand and contract so will make a certain bit of "normal" noise. Pipes can be fastened down and insulated to reduce such noise to limited effect. The problem is it is a relative issue on whether it is too noisy or normal.

    Is the noise the burner and boiler or the pipes banging? The other problem is that what may seem fine during the day in the early hours may seem really loud.

    It doesn't sound like a valid reason to break a lease


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    #5
    jcarlostsousa
    Registered Users Posts: 7 ✭jcarlostsousa


    @Ray Palmer, thanks for your reply.

    I believe it's the pipes expanding. It is loud enough to wake us up. Imagine a bed banging in a wall, it is the same sound.

    When i turn the heating on my apartment we don't hear anything...


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    #6
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    jcarlostsousa wrote: »
    @Ray Palmer, thanks for your reply.

    I believe it's the pipes expanding. It is loud enough to wake us up. Imagine a bed banging in a wall, it is the same sound.

    When i turn the heating on my apartment we don't hear anything...

    I can see it from the LL point of view. He gets a plumber and the plumber tells him there is nothing unusual so there is no problem. That doesn't mean it can't be improved just there is nothing wrong.

    Is he going to be willing to rip up the floor and fasten down the pipes and insulate them? Probably not. Pretty big expense and it may not even solve the problem entirely.

    The heating in my own house makes a bit of noise when switched on or switched off


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    #7
    jcarlostsousa
    Registered Users Posts: 7 ✭jcarlostsousa


    Yes, from the LL it is too expensive to change it.

    Nevertheless, i feel i bought a shirt with a defect and the shop doesn't let me return it. :confused:


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    #8
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    jcarlostsousa wrote: »
    Yes, from the LL it is too expensive to change it.

    Nevertheless, i feel i bought a shirt with a defect and the shop doesn't let me return it. :confused:

    If it falls into the realm of normal then it isn't defective. More like complaining the t shirt isn't as thick or long as you want and you want to return it.

    Would it bother everybody as much or just how you feel?


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    #9
    jcarlostsousa
    Registered Users Posts: 7 ✭jcarlostsousa


    It bothers me and my wife. My side neighbors also complain about it and by their words "the first time we hear it we though it was a ghost".

    The sound can only be heard in the bottom apartments. I was the first tenant to move in, how i regret now not choosing the top apartments...!


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    #10
    Emme
    Registered Users Posts: 4,055 ✭✭✭Emme


    OP, as a tenant you are entitled to "peaceful and exclusive occupation of the property". It seems that from your point of view you are not getting the peaceful part. However that might be open to interpretation. I had a similar problem with pipes in my last apartment and even with earplugs the noise would wake me. I also got woken up when the tenant downstairs had a shower at 4am because of the pump. The landlord wasn't able to do anything so I put up with it at the time but in hindsight it was a nightmare.

    Have you checked out the PRTB website:

    www.prtb.ie

    Here is another website with a list of landlord obligations:

    http://www.lawyer.ie/property/renting-out-a-property

    If your other neighbours find it a problem you could get together and approach PRTB or Threshold and see if it's a viable issue.


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    #11
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Peaceful enjoyment refers to the landlord not being in your face 24/7; its not got anything to do with the property itself.

    OP realistically if it is bothering you that much then your best course of action is to look to reassign the lease and move out.


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    #12
    jcarlostsousa
    Registered Users Posts: 7 ✭jcarlostsousa


    Thanks Emme and djimi.

    About reassigning the lease, i just put an advertisement and wait for someone to take it? Will i get my deposit back then?

    Thanks!


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    #13
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Yeah first you approach the landlord about reassigning the lease (they cant legally refuse), then you find a suitable candidate to take over the remainder. You bear all costs involved, including any shortfall in rent where the new tenant is paying a lower rate. The landlord is not obliged to take whoever you find; the new tenant must be acceptable to the landlord and they are entitled to apply the same conditions and scrutiny which you underwent when you first signed the lease.


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    #14
    jcarlostsousa
    Registered Users Posts: 7 ✭jcarlostsousa


    Thank you djimi.

    I'll put and add online today.

    If any of you want to change to a charming 2 bed apartment :)


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    #15
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    jcarlostsousa wrote: »
    Thank you djimi.

    I'll put and add online today.

    If any of you want to change to a charming 2 bed apartment :)


    Are you going to tell the person you find about the noise?

    I hope you have already approached the LL about leaving and didn't just post an ad?


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