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Non disclosure by estate agent - construction site at bottom of garden- Advice please

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  • Non disclosure by estate agent - construction site at bottom of garden- Advice please

    Hi, I posted this yesterday but think it is better suited to this forum - apologies, I am new to using forums! I am hoping someone can give me some advice today in relation to this situation we have found ourselves in.

    We have rented a property and have paid our full years rent upfront, a very substantial sum. However within a week of moving in building work began on the site at the bottom of our back garden ( there is a six foot hedge on our side that is the only boundary between the site and our garden). It is a regeneration program and essentially began with the knocking down of two properties and the foundations are now being laid of four properties, quite a big project.

    When we viewed the property neither the agent nor the landlord mentioned this, we viewed a second time, nothing said. Contracts were signed, full deposit paid and approx a week before our move in date the landlord invited us over to explain a few fiddly bits around the house. We sat in the back garden and suddenly a bulldozer started up, knocking down the existing property. Obviously shocked we asked what was going on and the landlords basically said new houses were being built as part of a regeneration program, that they didnt know when they would start, but that they knew obviously that it would start at some point but denied knowing dates etc!

    At this point we had given notice to our current landlord of finishing up there at end of tenancy, had removals guys booked, cleaners etc etc. We have two small kids which the landlords knew about and they were well aware that the garden was a big selling point for us. Now we are literally living on a construction site, the noise is deafening, my kids cant play in the garden and our dog is going nuts! Certainly not the quiet enjoyment of the property we were led to believe we would have.

    I have spoken to the agent, they deny knowing about it, saying that flyers came in their door a long time ago when the initial plans for this development were going through but that they had received nothing since. They are the leading agency in the area and have told me that they now are telling other people looking at houses in the area about the construction.They have had a meeting with the site manager who has told them this will be going on for at least another 8 months of our 12 month tenancy! The agent has said they want us to know that they are taking this very seriously and will speak to the landlord on our behalf and have left it with us to think of what way we want to go with this.

    Obviously we are so annoyed and feel tricked into taking a property that was marketed dishonestly and the only reason we were told anything prior to moving in was because we happened to come along on the day they started bulldozing! We have paid a huge amount of money for the property and the garden is part of that. Also the noise level is ridiculous, beginning before 8am with the lads arriving on site shouting at each other and continuing until 5pm with heavy machinery etc etc.

    My question is what should we ask for in relation to compensation/money back etc. We don't want to move again, our kids need stability but had we known at the first viewing that we would be living on a building site we would not have taken this property. We feel really let down by the agency and landlord, as we feel that both had a duty of care to fully inform us.

    Any advise would be greatly appreciated. Thanks.
    Last edited by Kati; 23rd August 2017, 08:55:AM.
    Tags: None

  • #2
    Re: Non disclosure by estate agent - construction site at bottom of garden- Advice pl

    any chance of leaving spaces between paragraphs, gets a bit daunting to read as it is?

    Comment


    • #3
      Re: Non disclosure by estate agent - construction site at bottom of garden- Advice pl

      Originally posted by MIKE770 View Post
      any chance of leaving spaces between paragraphs, gets a bit daunting to read as it is?
      sorted xx
      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

      It doesn't matter where your journey begins, so long as you begin it...

      recte agens confido

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      Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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      • #4
        Re: Non disclosure by estate agent - construction site at bottom of garden- Advice pl

        [MENTION=87380]Diana M[/MENTION]

        Comment


        • #5
          Re: Non disclosure by estate agent - construction site at bottom of garden- Advice pl

          Thanks Kati.....didn't realise.

          Comment


          • #6
            Re: Non disclosure by estate agent - construction site at bottom of garden- Advice pl

            Its only if iether has prior knoledge, or should have had prior knoledge would they be liable, but, its not unreasonable to get a discount for the landlord in such curcumstances if they have been caught out by this.

            Building work close by causes a lot of dust and stains, plaster especialy, and i think most people would not move into a property. But, its also not unusualy to not have any idea when building works will start
            crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

            Comment


            • #7
              Re: Non disclosure by estate agent - construction site at bottom of garden- Advice pl

              Originally posted by Buddy16 View Post
              My question is what should we ask for in relation to compensation/money back etc. We don't want to move again, our kids need stability but had we known at the first viewing that we would be living on a building site we would not have taken this property. We feel really let down by the agency and landlord, as we feel that both had a duty of care to fully inform us.
              There may be a legal remedy available to you but the one thing that's certain is the bulldozers aren't going to go away and the noise isn't going to stop.

              First you need to decide whether you're prepared to live with the noise and disruption even if the rent were lowered or even refunded in full, plus financial compensation for the upset. Noise is noise and I would find it hard to stay in a situation like this one despite a financial incentive.

              You say you don't want to move again but if you were to find another home without noise, and have everything you've paid upfront (including agent's fees not just the rent), and the costs of the removal to the next place, would you consider that to be a solution?

              Personally (not necessarily professionally) that's what I'd be seeking as a resolution to this nightmare because 8 months' noise (and demolition/rebuilding projects never run to time ) is a long time.

              I suppose things may improve during the winter months when you're less likely to be in the garden - albeit you say your dog is being driven nuts by all this noise. When the children are back at school (if they're of school-age) it may matter less since they won't be at home for a chunk of the day.

              Are these contractors working at weekends because you could approach the planning department to get that restricted?

              I think you're starting point is to decide what you want to do in relation to your quality of life, and what you're prepared to tolerate noise-wise, and then set about putting that in motion.

              If you're after compensation you'll need to quantify the amount and somehow explain how you get to that figure.

              Di

              Comment


              • #8
                Re: Non disclosure by estate agent - construction site at bottom of garden- Advice pl

                Thanks for the reply. We have decided we would prefer to stay , our children have had 3 moves in the last 2 years and we need to have them settled. I am trying to figure out what sort of discount on rent and/or compensation we could reasonably expect to receive. We certainly don't want to put up with such disruption and stress for the full price we have paid. What would be a reasonable deduction to request? I guess I am trying to figure out what we could expect if we went down the legal route and then at least I have a starting point. I would prefer to resolve it without going down the legal route however.

                Thanks

                Yes, most likely the construction will continue for full length of our tenancy. The agents would have known of plans and admitted to getting flyers in from the council at the initial stages. The landlord planned a year away and were quite fixed on dates so we do feel they had knowledge of expected date of the construction starting.

                Comment


                • #9
                  Re: Non disclosure by estate agent - construction site at bottom of garden- Advice pl

                  Thanks for your reply. Yes, it's a huge project and huge disruption and we certainly wouldn't have taken this house had we known, nobody wants to live on a construction site and certainly not pay a huge amount for the privilege. What percentage of rent could we reasonably expect to knock off and what should we ask for in compensation also?

                  Thanks

                  Comment


                  • #10
                    Re: Non disclosure by estate agent - construction site at bottom of garden- Advice pl

                    But the worst of the noise, the demolition, should stop soon and then it should be a lot quieter. We have a new development just the other other side of the road and once the initial work was done it has been no problem.

                    Comment

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