moved into offices, and since we moved in 2 months ago, landlord making noise

CamperMan

moved into offices, and since we moved in 2 months ago, before we signed the lease with the landlord, I told him we would need peace and quiet to conduct the work we do in the office... since we moved in, the landlord has had tradesmen in almost every day working on the offices next door, hammering away, the smell of paint fumes, it's a serious distraction... is there anything I can do, because I have mentioned it to the landlord and he says the work has to be done.. in fairness, he should have told us this before we signed the lease..

How can you possibly work in an office with so much noise ?

ted1

CamperMan wrote: »

moved into offices, and since we moved in 2 months ago, before we signed the lease with the landlord, I told him we would need peace and quiet to conduct the work we do in the office... since we moved in, the landlord has had tradesmen in almost every day working on the offices next door, hammering away, the smell of paint fumes, it's a serious distraction... is there anything I can do, because I have mentioned it to the landlord and he says the work has to be done.. in fairness, he should have told us this before we signed the lease..

How can you possibly work in an office with so much noise ?

The work should be done out if hours.

CamperMan

today the builders are pointing outside, been here since 8am and still banging away, last week the double glazing guys were in, the noise from that was unbearable with the stone cutters, etc, then the plasterers were in the week before that chiseling away, radio blasting... we cannot use the phones in the office as we simply cannot hear because of the noise..

CamperMan

We started to come in to the offices in the evenings to escape the noise, only to find the landlord is in painting away until 9pm most nights and the smell of paint daily is also frustrating..

Michael D Not Higgins

Have you spoken to the landlord yet? You should come to some mutual agreement. The landlord obviously needs to get this work done at some time and trades people aren't going to be working late at night to avoid causing noise during the day as they'll only annoy people sleeping.

CamperMan

I have mentioned that it is a distraction, he says that the 3 offices directly next to us are almost complete, then he says in early spring he will be carrying out more work, re-painting the corridors, the other offices, etc.. 
if we had have known this level of work was going to carried out, we would not have signed a lease... we were told that the offices were all ready to go, so we assumed it would be quiet..
It's doing my head in now, trying to run a business and getting this level of distraction is a joke, myself and the rest of the staff cannot think with the noise..

Gumbo

ted1 wrote: »

The work should be done out if hours.

Might not be allowed if planning was required for the works.

the_syco

CamperMan wrote: »

since we moved in, the landlord has had tradesmen in almost every day working on the offices next door, hammering away, the smell of paint fumes, it's a serious distraction...

Can the OP cancel the contract due to continuous distraction, esp as landlord has now informed the OP that this will also occur in the spring?

CamperMan

it's now 9:25 am and some workmen are outside the front with stone cutters.. the noise is so bad we cannot make phone calls..
as the_syco asked.. do we have a right now to cancel the lease.. 

this is serious disruption to our business, we were told before signing the lease that the offices were ready to go!.., if we had have known this level of work was to be done on the vacant offices, we would not have signed up for the lease

athtrasna

What does your lease say about noise and about termination?

CamperMan

athtrasna wrote: »

What does your lease say about noise and about termination?

it does not say anything, it's a simple lease

the_syco

CamperMan wrote: »

it does not say anything, it's a simple lease

Goto a solicitor, and see if it being "simple" will help you get out of it as it's a commercial lease.

jimmycrackcorm

CamperMan wrote: »

moved into offices, and since we moved in 2 months ago, before we signed the lease with the landlord, I told him we would need peace and quiet to conduct the work we do in the office... since we moved in, the landlord has had tradesmen in almost every day working on the offices next door, hammering away, the smell of paint fumes, it's a serious distraction... is there anything I can do, because I have mentioned it to the landlord and he says the work has to be done.. in fairness, he should have told us this before we signed the lease..

How can you possibly work in an office with so much noise ?

you won't get anywhere with your point because simply it's accepted that such works are generally temporary and necessary. Your argument is equivalent to saying you can only accept the offices provided that there is never any work on the premises being undertaken regardless.

geecee

Aren't the tenants entitled to "quiet enjoyment"?
Seem like the landlord would be in breach of that covenant IMO

OP: do you have a lease or a license? (and did you have a solicitor review it before you signed it?)

The_Conductor

geecee wrote: »

Aren't the tenants entitled to "quiet enjoyment"?
Seem like the landlord would be in breach of that covenant IMO

OP: do you have a lease or a license? (and did you have a solicitor review it before you signed it?)

Its a commercial lease- not a residential lease, 'quiet enjoyment' as a concept, does not exist commercially.

In the OP's case- I would approach the landlord and inform him/her that you would like x number of months discounted or free in lieu of the disturbances.

Last time I rented a commercial unit- I signed a 2 year lease, and was given a 6 month 'welcome' inducement (free rent for the first 6 months) alongside rates covered- while the landlord completed and let further units in the development. Its not an unusual concept for commercial lettings........

Marcusm

The_Conductor wrote: »

Its a commercial lease- not a residential lease, 'quiet enjoyment' as a concept, does not exist commercially.

In the OP's case- I would approach the landlord and inform him/her that you would like x number of months discounted or free in lieu of the disturbances.

Last time I rented a commercial unit- I signed a 2 year lease, and was given a 6 month 'welcome' inducement (free rent for the first 6 months) alongside rates covered- while the landlord completed and let further units in the development. Its not an unusual concept for commercial lettings........

Yikes! Quiet enjoyment is absolutely a critical feature of any commercial lease, not only of premises but also equipment (trains, planes, machinery). The point is that "quiet enjoyment" means freedom from interference or nuisance by the landlord/lessor and doesn't relate to noise, per se.

That being said, the landlord should have made you aware of nuisance such as this prior to entering into the lease if they were planned or reasonably foreseeable at that stage. I would be seeking compensation or revision if the lease at this stage.