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

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245

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    #32
    f3232
    Registered Users Posts: 155 ✭✭f3232


    Could you not just move out? I doubt the estate agent will bother perusing you for the lease, more hassle than it it worth for them. Also don't pay the rent for a month to get the deposit back.

    Probably not morally right but its a solution?


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    #33
    Ata S.
    Registered Users Posts: 39 ✭Ata S.


    I cannot stay here one more day. I cannot sleep :(

    I woke up at 9:30AM today and I'm late for work now. Also I didn't get enough sleep either, probably I got 5 hours or something.


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    #34
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    Ata S. wrote: »
    I cannot stay here one more day. I cannot sleep :(

    I woke up at 9:30AM today and I'm late for work now. Also I didn't get enough sleep either, probably I got 5 hours or something.

    Were your windows opened when you recorded those videos? I'm no expert but from the sound and from having lived across from a busy club and chippers on a main street I know the difference in sounds between having windows open and closed. It sounds like the windows are open.

    I would say that what you are hearing is normal city noise and you will just have to get used to it or else move and pay for two flats until you find a person willing to put up with a bit of noise, I would suggest a more rural setting for your next address!


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    #35
    Michael D Not Higgins
    Moderators, Society & Culture Moderators Posts: 7,223 Mod ✭✭✭✭Michael D Not Higgins


    You can assign your lease to someone else. If someone is willing to take it, they will take over the lease and you can move out with no penalties. It's pretty much your only solution right now.


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    #36
    Michael D Not Higgins
    Moderators, Society & Culture Moderators Posts: 7,223 Mod ✭✭✭✭Michael D Not Higgins


    foggy_lad wrote: »
    Were your windows opened when you recorded those videos?

    I can't listen to the videos right now so can't comment, but this did remind me of when I first moved to the UK and lived in a room facing a busy street. The landlord had just had the window frames painted and asked that they were left open for a few days to dry and keep the fumes out.

    The noise drove me mad for a couple of days and I closed the windows. Then the noise was still bad for another week til I realised they were sash windows and I had only closed the bottom half :o


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    #37
    Ata S.
    Registered Users Posts: 39 ✭Ata S.


    foggy_lad wrote: »
    Were your windows opened when you recorded those videos? I'm no expert but from the sound and from having lived across from a busy club and chippers on a main street I know the difference in sounds between having windows open and closed. It sounds like the windows are open.

    I would say that what you are hearing is normal city noise and you will just have to get used to it or else move and pay for two flats until you find a person willing to put up with a bit of noise, I would suggest a more rural setting for your next address!

    in the last recording the window was closed, it is a double window.

    i don't remember the first one but really window reduces only about the half of the sound.


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    #38
    loyatemu
    Registered Users Posts: 14,740 ✭✭✭✭loyatemu


    I assume there are planning restrictions on how much noise nightclubs are allowed leak into the street?


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    #39
    Michael D Not Higgins
    Moderators, Society & Culture Moderators Posts: 7,223 Mod ✭✭✭✭Michael D Not Higgins


    loyatemu wrote: »
    I assume there are planning restrictions on how much noise nightclubs are allowed leak into the street?

    The law allows for regulations on noise but does not constitute what these are (generally applied to allow for differing environments I reckon). For an already established street with pubs/clubs on it, either these limits already exist or not. Either way, I doubt they can change this based on one person's compaints as they will claim to have had no issues until now.

    http://www.irishstatutebook.ie/1992/en/act/pub/0007/sec0106.html#sec106

    106.—(1) The Minister may, following consultation with any Minister of the Government who in the opinion of the Minister is concerned and with the Agency, make regulations for the purpose of the prevention or limitation of any noise which may give rise to a nuisance or disamenity, constitute a danger to health, or damage property.

    (2) Without prejudice to the generality of subsection (1), regulations under this section may provide for all or any of the following—
    (a) controlling sources of noise,
    (b) (i) specifying maximum limits for noise either generally or in specified areas or classes of areas,
    (ii) specifying maximum limits for noise emissions, from or into premises or classes of premises, either generally or at specified periods, or
    (iii) specifying maximum limits of noise levels in prescribed premises,
    (c) regulating the operation, including licensing, of trades, processes or works, including the timing and control of movements of vehicles and the operation of engines and plant which are, or may be, sources of noise,
    (d) limiting or prohibiting the use of loudspeakers in or adjoining public places, including different provisions for different places or classes of places and at different times, and subject to such exceptions as may be specified,
    (e) the measurement of noise and the investigation of noise effects, or
    (f) the imposition of charges or the payment of fees for the purposes of the regulations or for services performed thereunder.


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    #40
    Starokan
    Closed Accounts Posts: 746 ✭✭✭Starokan


    If I were you I would just leave, you will obviously lose the deposit and if the landlord decides to pursue you then you can fight your case based on misinformation from the estate agent and use your videos etc to show that it was impossible for you to stay.

    The reality is if you need to be up early for work/college you can not do so while living in that apartment. Sleep deprivation will become the norm for you.


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    #41
    Mrs OBumble
    Registered Users Posts: 25,671 ✭✭✭✭Mrs OBumble


    foggy_lad wrote: »
    I would suggest a more rural setting for your next address!

    This.

    Possibly the nightclub is spilling out more noise that it's planning rules say that it should, and the landlord could complain to them and get it reduced.

    But if you are going to live in the inner city, then you can expect people yelling in the street after the nightclubs close (2-4am), street sweepers (from 5am), delivery wagons (from 6am ish .. maybe earlier in some places).


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    #42
    Michael D Not Higgins
    Moderators, Society & Culture Moderators Posts: 7,223 Mod ✭✭✭✭Michael D Not Higgins


    Starokan wrote: »
    If I were you I would just leave, you will obviously lose the deposit and if the landlord decides to pursue you then you can fight your case based on misinformation from the estate agent and use your videos etc to show that it was impossible for you to stay.

    The reality is if you need to be up early for work/college you can not do so while living in that apartment. Sleep deprivation will become the norm for you.

    It's not just the deposit, it's the month's rent too. The OP has only been there a couple of days and is down €1200. Assigning the lease is the best option, if at all possible.


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    #43
    Ata S.
    Registered Users Posts: 39 ✭Ata S.


    If the landlord (agent) wants, am I obliged to pay for the remaining 11 months of rent?


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    #44
    TimeToShine
    Registered Users Posts: 4,881 ✭✭✭TimeToShine


    Ata S. wrote: »
    If the landlord (agent) wants, am I obliged to pay for the remaining 11 months of rent?

    Yes.

    If you don't he has the right to pursue you via the PRTB. Whether he will or not is a different matter.

    Off the record...the PRTB are notorious for being very, very slow (think in terms of years) so if you don't intend on staying in Ireland you'll get away with it. It's also hassle on his behalf so if you are willing to forfeit the 1200 at the end of the month I doubt he'll bother.


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    #45
    Michael D Not Higgins
    Moderators, Society & Culture Moderators Posts: 7,223 Mod ✭✭✭✭Michael D Not Higgins


    Ata S. wrote: »
    If the landlord (agent) wants, am I obliged to pay for the remaining 11 months of rent?

    No, you will be liable for rent until they re-let the flat and reasonable expenses (i.e. cost of ad). You should also get your deposit back.

    As an example, if you leave at the end of one week and they fill the place after two weeks with some extra costs, it could add up to the €600 you've already paid in rent and you will get your full deposit back. If not, you can take a case with the PRTB for unfair retention of the deposit.

    On the other hand, you can let the landlord know you're leaving and find the replacement yourself and not be out of pocket for the re-letting costs. This is of course down to you as your sanity is on the line with sleep deprivation.


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    #46
    Ata S.
    Registered Users Posts: 39 ✭Ata S.


    What about this:

    1. Consumer law gives you the right to cancel an order or a service within a cooling off period. This means you can return an item or cancel a service within 7 days of the date of conclusion of the contract. This right to cancel includes the right to the return of any deposit paid under the order contract or service contract. This provision applies regardless of what the terms and conditions of the agreement say, as it is amandatory provision.

    justanswer.com/ireland-law/5ny5m-cooling-off-period-when-paying-deposit-even-when.html


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    #47
    chops018
    Registered Users Posts: 2,458 ✭✭✭chops018


    You can give 35 days notice for terminating a tenancy that is less than a year.

    You may lose your deposit though.

    But, you can contest this with the PRTB.

    Some useful links:

    http://www.citizensinformation.ie/en/housing/renting_a_home/if_your_landlord_wants_you_to_leave.html#la1b6d

    http://www.citizensinformation.ie/en/housing/renting_a_home/tenants_rights_and_obligations.html

    http://www.prtb.ie/


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    #48
    H3llR4iser
    Registered Users Posts: 4,027 ✭✭✭H3llR4iser


    Ata S. wrote: »
    If the landlord (agent) wants, am I obliged to pay for the remaining 11 months of rent?

    I am afraid so...until the place is let again, or you transfer the let to somebody else.

    On a less serious note, the noise wouldn't be too bad if not for the drunk shouters and the boy racer with a fartcan in the background :D


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    #49
    The_Morrigan
    Moderators Posts: 9,368 ✭✭✭The_Morrigan


    Ata S. wrote: »
    What about this:

    1. Consumer law gives you the right to cancel an order or a service within a cooling off period. This means you can return an item or cancel a service within 7 days of the date of conclusion of the contract. This right to cancel includes the right to the return of any deposit paid under the order contract or service contract. This provision applies regardless of what the terms and conditions of the agreement say, as it is amandatory provision.

    justanswer.com/ireland-law/5ny5m-cooling-off-period-when-paying-deposit-even-when.html

    This doesn't apply to property law - you've been told this numerous times on the thread.
    A lease agreement is not subject to a cooling off period, if it was, it would be contained in the lease.

    TBH I'd be contacting the estate agent pronto on this if you actually want to make a move immediately, nobody here is going to be able to sort this out for you other than pointing you in the right direction - which they have already done.

    Your options are as follows:
    1) Contact the Estate Agent and tell them the property is not suitable and you wish to find someone to replace you and they will have to reassign the lease.
    2) Contact the EA and tell them the property is not suitable and you wish to leave asap, can they find a replacement and give you back your deposit and any pro rata rent if applicable.


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    #50
    listermint
    Registered Users Posts: 33,617 ✭✭✭✭listermint


    I dont know this place

    https://www.youtube.com/watch?v=gHqmp6uJois

    looks like its hopping for sunday though.

    Where is it ?


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    #51
    Ata S.
    Registered Users Posts: 39 ✭Ata S.


    listermint wrote: »
    I dont know this place

    youtube.com/watch?v=gHqmp6uJois

    looks like its hopping for sunday though.

    Where is it ?

    Washington st., Cork.


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    #52
    um7y1h83ge06nx
    Closed Accounts Posts: 5,029 ✭✭✭um7y1h83ge06nx


    Ata S. wrote: »
    Washington st., Cork.

    No wonder so!

    Great, convenient location, Cork city centre, but with the likes of the "The Wash", The Bailey (late bar) and of course Reardan's (which is probably the nightclub you're referring to), it's a pretty busy part of Cork at night-time.

    Also this would probably be one of the main routes for students walking back towards UCC direction after a night out.


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    #53
    padma
    Closed Accounts Posts: 1,874 ✭✭✭padma


    I'd head to the estate agents today at lunchtime, walk in tired, sad and depressed, tell them the nightmare of a weekend you have. Tell them how you had no sleep whatsoever and haven't been able to enjoy any moment in your apartment due to the worry of lack of sleep.

    Let them know that you are extremely disappointed that you weren't made aware of the noise levels of the apartment. You have no confidence that you will be able to sleep there again and ask them to look in to moving you to a nicer more quiet apartment. Let them know that you are happy to pay a weeks rent until they find someone else to move in.

    Let them know that you will be calling later this evening and they should show you some other apartments.

    If the response is not satisfactory, I would tend to hang around the estate agents place of business until they realize that you are serious and that they should begin doing something for you.


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    #54
    whavin
    Registered Users Posts: 57 ✭✭whavin


    Find out where your nearest citizens advice bureau is an contact them in relation to this, I'm sure its not a case of you having to live there, for the sake of you loosing your deposit! because the place isn't as advertised.


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    #55
    NormalBob Ubiquitypants
    Closed Accounts Posts: 297 ✭✭NormalBob Ubiquitypants


    Mrs OBumble wrote: »
    But if you are going to live in the inner city, then you can expect people yelling in the street after the nightclubs close (2-4am), street sweepers (from 5am), delivery wagons (from 6am ish .. maybe earlier in some places).

    I actually lol'd. Street sweepers and delivery wagons! It sounds like Oliver Twist. Cheers for that!

    OP you are probably going to have to take a loss on this somewhere, lose some deposit, or else lose some sleep. Try FLAC and see if they have any advice.


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    #56
    Mrs OBumble
    Registered Users Posts: 25,671 ✭✭✭✭Mrs OBumble


    NormalBob Ubiquitypants wrote: »
    I actually lol'd. Street sweepers and delivery wagons! It sounds like Oliver Twist. Cheers for that!

    Clearly you are not an inner city resident.

    I am, and can assure you that the lads with leaf-blowers and giant vacuum/cleaner-cum-floor-polisher-on-a-truck gear are collectively known as "street sweepers". And pretty damn loud about it.

    Ditto the collection of lorries, vans, and everything thing in between doing deliveries in the early morning.


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    #57
    ringthebells
    Registered Users Posts: 47 ✭ringthebells


    I also moved into an apartment in the same area recently which backs out onto a late bar so I feel your pain OP - though my place is not in quite as close proximity to the bars/clubs that yours is. Earplugs are the only way to go for me to get some sleep - and it is a good sleep once they're in. If you decide to stay (with noise like that though I wouldn't like to if I were you) I would really recommend the Quies foam earplugs, €3.99, can't hear any of the noise at all with them in and easily got my 8 hours last night.


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    #58
    FutureGuy
    Moderators, Computer Games Moderators Posts: 15,227 Mod ✭✭✭✭FutureGuy


    ringthebells wrote: »
    I also moved into an apartment in the same area recently which backs out onto a late bar so I feel your pain OP - though my place is not in quite as close proximity to the bars/clubs that yours is. Earplugs are the only way to go for me to get some sleep - and it is a good sleep once they're in. If you decide to stay (with noise like that though I wouldn't like to if I were you) I would really recommend the Quies foam earplugs, €3.99, can't hear any of the noise at all with them in and easily got my 8 hours last night.

    Agreed. The best way to get some sleep is to get a quality set of ear plugs and perhaps put on a fan or white noise in case. Hopefully tonight (Monday) will be alot quieter.

    As others have said, discuss this with the relevant people asap.


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    #59
    hallo dare
    Closed Accounts Posts: 1,787 ✭✭✭hallo dare


    ringthebells wrote: »
    I also moved into an apartment in the same area recently which backs out onto a late bar so I feel your pain OP - though my place is not in quite as close proximity to the bars/clubs that yours is. Earplugs are the only way to go for me to get some sleep - and it is a good sleep once they're in. If you decide to stay (with noise like that though I wouldn't like to if I were you) I would really recommend the Quies foam earplugs, €3.99, can't hear any of the noise at all with them in and easily got my 8 hours last night.

    Not trying to be smart here, but did you try them out while testing your fire/smoke alarm?, just to be sure you can hear it and that it is loud enough to wake you from a deep sleep.


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    #60
    ringthebells
    Registered Users Posts: 47 ✭ringthebells


    hallo dare wrote: »
    Not trying to be smart here, but did you try them out while testing your fire/smoke alarm?, just to be sure you can hear it and that it is loud enough to wake you from a deep sleep.

    That's not being smart, don't worry - I did check it out and also my alarm clock - both are very audible with earplugs in, it just gets rid of things like people talking, ambient noise, music etc.


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    #61
    Saipanne
    Closed Accounts Posts: 4,882 ✭✭✭Saipanne


    Sleep well?


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