Seeking Compensation for Building Work

[DK32UK]

Hi Folks

 

I live a commercial property that is open from 7am to 11pm. I've lived her for 5.5 years so have had had to get used to the shop noise. For 4.5 years I battled with the shop to keep their in-house radio to a minimum so that it wasn't penetrating into the flat above in which I rent. In the end I had to invoice environmental health because I was getting nowhere. They got the shop to remove their speakers from the ceiling and install them elsewhere and keep the volume down to a level I wouldn't hear.

 

On 22 July builders started working on the roof top of the shop, which is also the entrance to the property I rent. I was given no notification of any work taking place. Every time I left home builders were position directly outside, I had to keep the windows closed because of the drilling and radio that was blaring... and this was when the heatwave was here.

 

One week later on 29 July at 7am I was woken by a drilling noise coming from the commercial property below. My guess was that a re-fit was taking place owing to a letter from the council stating planning permission a few months before. Drilling an hammering went until lunchtime when the in-house radio was switched on above the agreed volume set by EH. I know from previous experience that nothing can be done about daytime noise, but due to the radio going on I called EH straight away and they came out to investigate and it was switched off straight away never to be put on again. The drilling and hammering went on until the evening. The next evening I called out EH due to the noise. The workers received a telling off and the contracting company was issued with a warning of the recommended working hours i.e. 8am - 6pm. The next night it went on to long again so the following morning I contacted the office of the contractors myself and told them what I wasn't happy with and should it happen again I would be calling EH. It was sorted and thing calmed down, but in short I was living next to and above a construction site for almost 3 weeks.

 

3 days after complaining and involving EH a letter was hand delivered informing me of the works being carried out. Health and safety were also called in because EH discovered that there was no soundproofing, nor a fire safety separation in place. One of the H&S officers who witnessed the noise said that it was a 'living hell'. I have been advised to contact my landlord for a rent reduction, however, after thinking about what I've gone through the past 3 weeks I'm now considering compensation. The only separation for the first week of works inside the shop was my floorboards. I could hear everything from sneezing, talking, swearing (which there was a lot of), singing, wailing, drilling, hammering, sawing, breaking glass etc. Aside from the noise I had 2 weeks of the flat being engulfed with a burning smell from sawn wood and metal and strong glue from flooring being laid. One night I had to go to bed with all the windows opens. It was too late to go sit in the park and I had no-one close by to go stay with.

 

I work and study from home so not only have I experienced a loss of income I also couldn't complete an assignment fully and for my next assignment I've had to ask for an extension. I hope this gives some idea of what went on. I tried speaking to the managing agent for the property as did H&S, but they were unable to help which is why I have to contact the landlord directly now. They're a bit corporation and it is my understanding that they will probably want to avoid any press coverage. It was explained by H&S that it was fortunate a fire hasn't broken out since I've been living in the property due to no fire safety separation being in place, otherwise I would have been smoked to death. During the works the contraction installed soundproofing and a fire safety separation.

 

Please can anyone advise how I should approach my landlord for compensation? I've started composing the letter with what I had to live through, but I feel I need to incorporate some acts of law and don't want to word it as though I'm being demanding or threatening.

 

Any advice appreciated, thanks..

[Lea_HTH]

You're not a lawyer, so you don't need to 'incorporate some acts of law' in your request for a reduction in rent (which is compensation). Just write, politely expressing your issues with how the work was carried out, how it affected you and what you expect to receive as a reduction in rent to compensate you over the three week period for not having peaceful and quiet enjoyment of the property, and then wait to see what their response is.

[mariner51]

If you have suffered a quantifiiable financial loss during renovations, then include iin your claim, with evidence.

 

Renovation would have to abide by current building Reqs, which may not have been applicable nor required when you rented your accom.