No warning of construction works on rented property

SavageHenry

Hi

My girlfriend and I are currently renting a first floor apartment in a complex that has pyrite and because of this the foundations of the whole ground floor will be dug up, basically turning the place into a construction site. We only found out by chance that this work was being carried out next month by our neighbours who's landlord contacted them to let them know about the works. We have been told nothing about these works by the letting company or the landlord. The works are due to start on the building early next month. All residents on ground floor have been informed and have to move out or be put up in hotels depending on their circumstance owner/renter. The knock on effect of the works is that two/three feet of concrete will be dug up on ground floor level and no post will be delivered to building and no parking will be available. Water and electricity may also be intermittent. Our problem is that we have a newborn baby and do not want her living on a construction site for the next two months while this work is carried out. I contacted the letting agency who were completely indifferent to our problem and stated that we should not be affected because we are on the first floor. Its hard enough not having a lift in the building when moving a baby and pram to the car let alone having to do the same through a construction site. Health and safety of our baby is the main concern with dust, dirt and noise on a daily basis. We looked on the PRTB and found no information similar to our problem. So I am looking for advice from anyone who has been in a similar situation or has any sort of experience of landlord tennant rights.

thank you so much for your time

Treehouse72

You have a common law right to the "quiet enjoyment" of your property. If the works infringe on that, then you might have a case for voiding the lease.

That is not always the case, nor is it - by any means! - legal advice, rather a pointer that you have rights in this kind of situation.

Also, in the recesses of my mind I seem to recall that for a contract to be signed without both parties making full disclosure of things that would materially alter the nature of that contract is cause for voiding the contract. It seems certain the landlord would have know about the upcoming works, so if he didn't let you know about that, you could have rights in this regard. Again, not legal advice, just an avenue you can explore.

SavageHenry

thank you Treehouse7.

We now have somewhere to start looking anyway.

Thanks again

Victor

How long have you been there?

A concrete saw and a baby probably don't go together.

SavageHenry

Since October Victor. Talked to the foreman today and he said that the place will become very noisy wilth all the work and also very dirty. On the plus side he offered to help carry the pram through the mess. I Think we will need to leave before this works starts and ill be dammed of I leave without my deposite.

Victor

I think talk to your landlord and explain the situation. You do have a month to come up with options.