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Help needed with lease issue please

  • 18-02-2012 1:04pm
    #1
    IpreDictDeatH
    Registered Users, Registered Users 2 Posts: 269 ✭✭


    I know this has been asked before,and the usual answer is no, a noisey neighbour does not allow you to break a fixed term lease. But doesnt it say in the 2004 act that the landlord must entitle you to quiet and exclusive enjoyment of your home?

    We moved into a place very recently and we are having problems with the noise upstairs. We were told they have kids and you may hear a few footsteps. But 5am herd of elephants and blaring music all day is not what we expected. Plus, my partner works shifts so she has to sleep duirng the day which is impossible. The floors must be very thin as we can hear everything, even talking. So when they wake up and start dancing to music it is as though they are in the same room. Fair enough, they are probably entitled to do that, but are we not also entitled to quiet enjoyment of our apartment?

    We were thinking of letting the letting agent know we intend on moving out ASAP but we will hang on and pay rent until they find another tenent. Has anybody ever tried that? Any hope we can retrieve our security deposit?


Comments

  • #2
    djimi
    Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    Get onto the management company for the apartment complex; most complexes have rules about noise after a certain time at night and its up to them to deal with it. Another option is to find out who their landlord is and get in touch with them.

    Noise from neighbours is not reason enough to break a lease and if you do then you face the potential penalties that follow. Its not your landlords responsibility to ensure that your neighbours are quiet. "Quiet and exclusive enjoyment of your home" means that the landlord cannot be constantly bothering you and calling around; its got nothing to do with external matters.


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