New neighbouring business disrupting existing one

POE101

Not trying to be obtuse with lack of detail I just don't want to identify any parties involved...

A friend started her own business a couple of years back and things were progressing nicely until recent arrival of a 'new neighbour' business in the premises next door (separated by light partition walls). The problem is that sound (music) from the the new business travels through the wall and it looks like (due to the nature of her business) my friend will not be able to continue on at this location. No complaint or discussion has taken place but my friend will be approaching the Property Agent (who has shown no consideration for existing business/es in the complex) shortly.

So... If the Property Agent does not remedy the situation (can't see how they can other than maybe sound proofing which may or may not work) is there a legal footing or precedence that addresses this or what is the best course of action?

robman60

I remember doing some case on Nuisance where a baker's business was being disrupted by the business next door.

As far as I know, as long as the business next door is carrying on their affairs in a reasonable manner as you'd expect from such a business then you have no nuisance case. They'd have to be behaving unreasonably and your "friend" may have a case depending on the decibel reading of the music. The best action would be to explain the problem and seek a voluntary change from the neighbouring business.

However, I'm only first year of college so maybe some of the more experienced heads can offer their opinions.

arthur daly

I'm guessing the first thing your friend should do is go speak to the neighbors

arthur daly

I'm guessing the first thing your friend should do is go speak to the neighbors

POE101

Thanks for responses!

Two votes for talk to the neighbour so I will pass that on!

I'm still thinking the Property Agent has most responsibility in this - they are happy to put two unworkable neighbours together and take the money but it might backfire in them because they could end up losing both clients.

POE101

Thanks for responses!

Two votes for talk to the neighbour so I will pass that on!

I'm still thinking the Property Agent has most responsibility in this - they are happy to put two unworkable neighbours together and take the money but it might backfire on them because they could end up losing both clients.

conorh91

Obviously a discussion should take place with the property agent and with the neighbouring business, but...

POE101 wrote: »

separated by light partition walls

In the law of noise nuisance, there is a rule that if an occupier benefits from low-cost housing, then he should foresee and tolerate the natural consequences, i.e. noise levels that the occupier of a better-insulated property would not encounter.

I can see no reason why this rule should not apply to commercial enterprises with equal force. It would tend to diminish the likelihood of an actionable nuisance.

Furthermore, since the land is a business development of some sort, and not residential land, it would tend to further weaken your friend's position.

I don't really see that the agent is liable in negligence, or that the neighbouring business is causing a nuisance, and there is almost certainly no likelihood of the tort of causing loss by unlawful means.

As far as I can see, the best option is to resolve this issue amicably between the individuals concerned, but if that doesn't work, consult a solicitor because only he will be in a position to offer an opinion based on the full facts.

Uno my Uno.

Your friend should consult their lease to see what obligations it places on the landlord in respect of what other businesses may be moved in and if there are any "house rules" that govern how businesses must behave in the development. Once they have done that they should go see their solicitor.

POE101

New neighbour had no interest in the problems caused to my friend and neither had the property agent.

So my friend has moved her business causing her costs and loss of income! (lost clients due to her inability to conduct business with the noise next door and the subsequent relocation).

The agent could not wait to collect the keys from her (it can't be said my friend was in any way a difficult customer - communication prior to these few weeks during her time with the agent was practically zero and only related to "sign here and here"). In addition it looks like the agent was remiss in advising the CoCouncil on occupancy changes (which is their duty by law) for rates purposes. I know this because I had to sort it out with the Co.Council.

I suppose the lesson learned is that property agents don't give a f*%k", why would they?, at the end of the day its not their premises or their income that is affected I can only wonder how the owner of the premises would feel if they knew that established and ongoing clients were being forced out in lieu of smaller (less rent) and potentially less sustainable businesses? If the owner turns out to be Nama - that is a question for all of us!

I just wanted to let people know the outcome and thank everyone again for their contributions!