My first night at my rental house, a nightmare! I only slept for 10 mins!

Ata S.

I'm a foreigner. I just arrived to Ireland 2 weeks ago.

The apartment I rented 3 days ago is in front of a night club! I didn't know it was a night club before, and the estate agent failed to mentioned that either.

What's more he told me this is a very quiet place, I should keep quiet and not disturb others either.

Well, the maximum noise I can make couldn't be any closer to what the night club is making.

I only slept for 10 minutes in the whole night. I started trying at 10PM.

I have recorded videos, sounds and I shot pictures to prove disturbance while I was in my apartment trying to sleep last night. All is in my phone.

I paid 600 euros first month and 600 euros deposit.

Today is my second night today, in paper it's 4th day since I signed the 1-year contract.

Do I have a right to opt out of contract and get my deposit back since the place is not like what's agreed, and it's only a few days I signed it? Or in another words, is there a 1-week or something backing out period?

You may see one of the sample audio and picture I shot here on YouTube. It was at 3:20AM.
youtube.com/watch?v=RlCyOFKn6eE
(can't make it a link, not allowed, sorry. Select and copy paste please if you'd like to hear.)

Please guide me.

Thanks.

Ata S.

But he told me this is a quiet place. It is not. It is quiet during the day, when we looked at the house. I was never here during the night. It was a big shock for me.

Do I have like a 1 week opt-out period? I'd like to take my stuff and leave. I cannot sleep here during the night. Not even for 10 minutes.

TimeToShine

I know where this is.

Unfortunately, you are not entitled to break the lease on this basis. On the bright side, last night was a Saturday night in July so there is a bit of noise to be expected. I understand where you're coming from and agree that it can be very frustrating but it should be fine during the week.

Also, for what it's worth, 600 euro p/m in that area for what I presume is a single apartment is fairly cheap in relative terms. I know you weren't to know it being from outside Ireland but if I were looking for a single apartment in that area and saw 600 euro p/m advertised the alarm bells would be ringing.

Ata S.

He was talking in general. I informed him I go to work 9AM every morning and I go to sleep at midnight every night.

I'm not saying he had bad intentions, he was an helpful person. I'm just looking for a way out here. It was a surprise for me, nobody is guilty, but the place is not for me.

I have ear plugs but they give me headaches. I tried like 4 different variations in the past. All of them were the same.

TimeToShine

I'm afraid you're stuck then. You could contact him and ask for your deposit back - make up a sob story or something and he might just keep 600 as opposed to the 1200. Legally you don't have a leg to stand on though. Sorry. Your alternative is to find someone who is willing to take the lease over from next month onwards.

Ata S.

This is a nightmare.

Quote: "When buying a new car from a dealership, you are entitled to your full consumer rights as laid out by the Sale of Goods and Supply of Services Act 1980. These rights are not present in the private sale of motor vehicles, however the seller is obligated to tell the truth and answer any"

Do estate agents not required to oblige this law? I thought it was a general law in all services and products in Ireland.

About the what I'm told of place being quiet.

athtrasna

Ata S. wrote: »

This is a nightmare.

Quote: "When buying a new car from a dealership, you are entitled to your full consumer rights as laid out by the Sale of Goods and Supply of Services Act 1980. These rights are not present in the private sale of motor vehicles, however the seller is obligated to tell the truth and answer any"

Does the estate agent not required to oblige this law? I thought it was a general law in all services and products.

You are renting a property, sale of goods act is not relevant

Ata S.

Yeah but I didn't rent it from the landlord, I rented from an estate agent.

The law is "Sale of Goods and Supply of Services", and an agent supply a service between a landlord and tenant, no?

The_Morrigan

Ata S. wrote: »

Yeah but I didn't rent it from the landlord, I rented from an estate agent.

The law is "Sale of Goods and Supply of Services", and an agent supply a service between a landlord and tenant, no?

No. The agent is acting on behalf of the landlord...they are one and the same in this instance.
The sale of goods and services does not apply to property law.

littlejp

As said already, you can't get out of the lease for this reason but I would say this; I lived in an apartment right on a very busy crossroads in Phibsboro. Very close to a Hospital, Garda Station and Fire Station so we had sirens flying past at all hours all the time. There is also a busy, rowdy pub across from the apartment. When we first moved in it took some getting used to but we did get used to it. After a short while we didn't even notice.
Also keep in mind that it should be much quieter during the week.

Not ideal but you might just have to make the most of a bad situation.

darlett

You should check www.prtb.ie to check your rights, but I think as people are advising they possibly arent very many unfortunately.

http://www.prtb.ie/dispute-resolution/disputes/terminating-a-fixed-term-tenancy Hopefully your landlord might be sound and cancel it all if your so unhappy, if not maybe there's something in here for you.
Who knows maybe give it a few days it might grow on you!

Ata S.

This is truly a nightmare then .

I hope the estate agent will be understanding.

Thanks for all the information friends. I wish the estate agent will be helpful like you.

glaston

How about trying some disposable ear plugs, I've found them useful in the past.

Ata S.

They give me headaches if I use more than once a week. and right now, Sunday, it is as loud as yesterday.

athtrasna

Ata S. wrote: »

They give me headaches if I use more than once a week. and right now, Sunday, it is as loud as yesterday.

You will get used to it after a few weeks. I live in a flight path for Dublin Airport and the first two weeks were not fun. Now I never hear the planes. First few nights in any new place you will always be exceptionally sensitive to noises

fash

Actually it sounds like misrepresentation.
False statement?
Made to induce the other party into a contract?
Relied upon?

You should be able to rescind the contract on that basis

Muahahaha

Contact threshold.ie they give free advice to tenants for situations like your own and if there is any way they can help they will. I'm sure they will have come across your scenario before so should be able to guide you well.

Ata S.

This is happening right now. Sunday night, like there's no Monday in 8 hours later.

Shot behind the double layer closed window.

youtube.com/watch?v=gHqmp6uJois

Kaizersoze81

That's totally unacceptable noise levels. No wonder the rent is so cheap

Brego888

That's pretty bad in fairness. But maybe stop uploading videos here at 12.40am and try to get some sleep.

TimeToShine

At least it's The Pixies

In all seriousness, it is pretty bad. I agree that you should get in touch with threshold.ie and see what advice they can give you.

You would wonder who is actually out on a Sunday night though. Do people not have work? Summer jobs even

Ata S.

Funny thing is I have a statement in my contract saying "I should keep the noise minimum".

Ata S.

Brego888 wrote: »

That's pretty bad in fairness. But maybe stop uploading videos here at 12.40am and try to get some sleep.

I tried, I just can't go into sleep under these conditions.

the_syco

Firstly, look into getting some white noise to blank out the noise from the nightclub.

Secondly, try ringing the landlord when the noise is loud?

Ata S.

I'll try white noise right now.

Landlord is out of country or town at the moment, will come in a few days. I don't know what will I do until this is over. I just cannot sleep, I'm like a zombie.

TimeToShine

This is a nice one I use a lot.

http://www.rainymood.com/

shruikan2553

Something like a fan will help. You can get an app for your phone that lets you choose noises. I found it helpful when at college. I lived in a place where the shop below us go deliveries right under my room at 6-7am but stopped noticing it after the first week.

As for leaving with your deposit, you'll need someone to take it over.

Bepolite

Legalities aside - and there are reams of case law on the subject - if you don't like it there are ways and means of getting out of a lease.

Why, oh why though if committing to a lease did you not walk round the area at least twice, one time should have been at night, pref. on a Friday/Saturday. Before I even stay in a hotel I google map it!

That said I know what it's like getting here and trying to get everything sorted. Contact threshold or FLAC and see what they advise. (Hint both of those will be found using google :P)

Ata S.

I walked around the area always. It is amazing in day time. I've never seen it at night. I'm in Ireland just for 2 weeks now.

I commit to a lease because they don't give places without a lease. Do you think I wanted the lease? Do you think I had dozens of options and I chose this apartment? It is a race here.

I called an agent once, before I can see the apartment, it got rented.

Should I have slept on the streets?

Should I have told the guy "oh, let me walk around the places at nights for a week and I'll come back next week again"?

I didn't just Google map it but also checked on the street view.

You look the world through your window. The one I have is very different than your reality, unfortunately.

JONJO THE MISER

That noise would put me to sleep more than anything else.
Maybe you can sublet it out.

fash

If you are going to claim misrepresentation- you should get moving on it as soon as possible. Otherwise it looks like you are just making it up to get out of the contract.
Approach the landlord and say:

"I will have to leave because of the noise.
I only recently arrived in the country, I asked you specifically if the area/apartment was noisy and you said it wasn't. I relied on this. You know (i'm assuming here) what job I do and the hours I keep.
In fact the apartment is extremely noisy
Had you said that it was noisy in the first place, I would never have taken the place.

Therefore I will leave the apartment and I want the rent paid back for any time I wasn't there- and the deposit paid in full."

I expect the landlord won't pay you back and you'll have to take it to the PRTB. You'll need as much evidence that the statement was made as possible. Telling the landlord in writing about the problem as soon as possible is evidence that the statement was made and that it was important. If the landlord responds with a "what I meant was..."- that's even better.
Other things like" I only recently arrived in the country ", " my job is 9-5 and I need to get up early " " I checked the place out during the day - but the problem didn't show " are all bits of evidence but circumstantial only. Your big problem is if the landlord claims strongly that no such statement was made. So make the best circumstantial evidence case you can and if you can get an admission that a statement of some sort was made etc- great.

I'm not sure I'd the PRTB has jurisdiction for this particular type of issue- but start there anyway.