To cut a long story short, is excessive noise/vibration from a train
line at the bottom of the garden (the garden isn't big, so the train
line is very close) any sort of cause for cutting a tenancy agreement
short?  6-10 passenger trains an hour go by at high speed, plus
freight trains.  The passenger trains only stop at 01:00 and start up
again around 04:30 - the freight trains run 24 hours.  When the trains
pass the whole house shakes and you can't hear a normal conversation/
tv etc.  We have to leave all the internal doors open (most won't shut
anyway) as if they're closed the vibrations become shaking.

My wife is a bad sleeper at the best of times so is really struggling
and wants to move, but we're obviously signed into a tenancy agreement
- a private one, via an agency, to a private landlord.  The agency
aren't managing the property.

The fact that the train line was so close obviously wasn't a surprise,
as the property was viewed before signing (though I didn't see it
myself, only my wife did - it was all done in a bit of a rush so that
a house sale/move could occur).

There is a "snagging" list of other issues that the landlord hasn't
had fixed yet, but there is not going to be anything that can be done
about the trains.  The property is relatively new (newer than the
train line), on a small estate.  A few other properties on the estate
also back directly onto the train line.

Could we argue that the property isn't fit to be rented because of the
noise/vibrations?

On Aug 21, 8:35 am, njpuse...@googlemail.com wrote:
> To cut a long story short, is excessive noise/vibration from a train
> line at the bottom of the garden (the garden isn't big, so the train
> line is very close) any sort of cause for cutting a tenancy agreement
> short?
[snip]
> Could we argue that the property isn't fit to be rented because of the
> noise/vibrations?
Almost certainly not.

> There is a "snagging" list of other issues that the landlord hasn't
> had fixed yet,
Ah HA!  You /might/ be able to cut short the tenancy agreement on the
basis that the landlord is performing, or at least use the snagging
list as a lever to negociate down the penalty you end up paying.

I think you need paid-for legal advice.

Thanks for the reply Martin

> > Could we argue that the property isn't fit to be rented because of the
> > noise/vibrations?
> Almost certainly not.

As expected really

> > There is a "snagging" list of other issues that the landlord hasn't
> > had fixed yet,
> Ah HA!  You /might/ be able to cut short the tenancy agreement on the
> basis that the landlord is performing, or at least use the snagging
> list as a lever to negociate down the penalty you end up paying.
>
> I think you need paid-for legal advice.

None of the snags are major enough to warrant it really - unless the
amount we're paying is a factor.  I reckon the amount is £300 per
month too much for the quality/size/location of the property.  (Yes, I
know, caveat emptor and all that).  So we're generally not overhappy
with any of it, but we are where we are.

I'll dig out the contract and read it thoroughly first - I know enough
about legal stuff to know it always comes down to the wording of the
contracts!

wrote in message 
news:2e6b6deb-a3f1-4011-8b12-a3790956bf31@34g2000hsh.googlegroups.com...

>
> Could we argue that the property isn't fit to be rented because of the
> noise/vibrations?

No

tim

>

wrote in message 
news:71c07225-07da-43af-9dfa-05d0d4ddd269@x41g2000hsb.googlegroups.com...
Thanks for the reply Martin


> > There is a "snagging" list of other issues that the landlord hasn't
> > had fixed yet,
> Ah HA!  You /might/ be able to cut short the tenancy agreement on the
> basis that the landlord is performing, or at least use the snagging
> list as a lever to negociate down the penalty you end up paying.
>
> I think you need paid-for legal advice.

None of the snags are major enough to warrant it really - unless the
amount we're paying is a factor.  I reckon the amount is £300 per
month too much for the quality/size/location of the property.

-----------------------------------------------------------------------------------

Why did you agree to it then.  There are loads of properties available to 
rent at the moment (even for immediate occupation).  If you don't want 
something specific then there is no needs to pay over the odds.

OTOH, if you wanted (and got) something specific then you are paying the 
market rate for that item.

tim

On Thu, 21 Aug 2008 08:35:11 +0100, njpusenet@googlemail.com wrote:

>To cut a long story short, is excessive noise/vibration from a train
>line at the bottom of the garden (the garden isn't big, so the train
>line is very close) any sort of cause for cutting a tenancy agreement
>short?  6-10 passenger trains an hour go by at high speed, plus
>freight trains.  The passenger trains only stop at 01:00 and start up
>again around 04:30 - the freight trains run 24 hours.  When the trains
>pass the whole house shakes and you can't hear a normal conversation/
>tv etc.  We have to leave all the internal doors open (most won't shut
>anyway) as if they're closed the vibrations become shaking.
>
>My wife is a bad sleeper at the best of times so is really struggling
>and wants to move, but we're obviously signed into a tenancy agreement
>- a private one, via an agency, to a private landlord.  The agency
>aren't managing the property.
>
>The fact that the train line was so close obviously wasn't a surprise,
>as the property was viewed before signing (though I didn't see it
>myself, only my wife did - it was all done in a bit of a rush so that
>a house sale/move could occur).
>
>There is a "snagging" list of other issues that the landlord hasn't
>had fixed yet, but there is not going to be anything that can be done
>about the trains.  The property is relatively new (newer than the
>train line), on a small estate.  A few other properties on the estate
>also back directly onto the train line.
>
>Could we argue that the property isn't fit to be rented because of the
>noise/vibrations?


Do you have your gas safety certificate? 


How long have you lived there and did you not notice the trainline
when you viewed the property?

If you've only been there a while you'll get used to it.

If you're serious about geting away then ring shelter for more advice.
-- 
http://www.freedeliveryuk.co.uk
http://www.holidayunder100.co.uk

Tim - I didn't.  As mentioned I didn't even see the property - but that's not the 
landlords fault I agree.
   
> Why did you agree to it then.  There are loads of properties available to 
> rent at the moment (even for immediate occupation).  If you don't want 
> something specific then there is no needs to pay over the odds.
> 
> OTOH, if you wanted (and got) something specific then you are paying the 
> market rate for that item.
> 
> tim

"mogga"  wrote in message 
news:7ucra4t6ri9nuolg1qvf9j23f5jcp22p4e@4ax.com...
>
> How long have you lived there and did you not notice the trainline
> when you viewed the property?
>
They probably built it in secret at night.

wrote in message 
news:2e6b6deb-a3f1-4011-8b12-a3790956bf31@34g2000hsh.googlegroups.com...
> To cut a long story short, is excessive noise/vibration from a train
> line at the bottom of the garden (the garden isn't big, so the train
> line is very close) any sort of cause for cutting a tenancy agreement
> short?  6-10 passenger trains an hour go by at high speed, plus
> freight trains.  The passenger trains only stop at 01:00 and start up
> again around 04:30 - the freight trains run 24 hours.  When the trains
> pass the whole house shakes and you can't hear a normal conversation/
> tv etc.  We have to leave all the internal doors open (most won't shut
> anyway) as if they're closed the vibrations become shaking.
So why did you rent a house at the bottom of a major rail line?

Mogga,
 
 > Do you have your gas safety certificate? 

 Yes

> How long have you lived there and did you not notice the trainline
> when you viewed the property?

 A month or so.  I didn't view it, but you could hardly fail to notice it!  So 
the answer is yes, my wife must have noticed.
 
> If you've only been there a while you'll get used to it.

 I'm used to it, but my wife isn't
 
> If you're serious about geting away then ring shelter for more advice.

 Good idea - ta

I didn't.  My wife did....
 
> So why did you rent a house at the bottom of a major rail line?

"NJP"  wrote in message 
news:VA.00001059.2c3b4754@googlemail.com...
I didn't.  My wife did....

----------------------------------------------------------------------------

I misread that, I thought you said that you viewed it and the wife didn't.

But it matters not, it was still viewed by one of the people party to the 
tenancy.  You can't make any claim that the property was mis-represented, 
which would be your only chance of getting the contract cancelled (and even 
then I'm not sure that you have this right in law).

So, failing this, the only way out is to negotiate from a point of weakness

tim