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Matt Jones
Matt Jones, Solicitor
Category: Law
Satisfied Customers: 671
Experience:  I am a qualified and practising Solicitor with over 7 years post qualification experience
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We have a gift shop and have one year left to run on what was

Resolved Question:

We have a gift shop and have one year left to run on what was originally a six year shop lease, we reassigned after three year from the previous tenant.
The landlord has let the area above us has a male heaven weight gym, which is coursing us a lot of noise with loud music weight and treadmill, the environment is involved at the moment but it's going to take a long time to sort I think.

If we wanted to come out of the shop what could they charge would that be a full years rent or how does it work? Our takings are done but I've been told it would be hard to prove that it was because of the gym.

Any help would be appreciated on my options!

Many thanks XXXXX
Submitted: 3 years ago.
Category: Law
Expert:  Matt Jones replied 3 years ago.

Matt Jones :

Hi I will try and help

Matt Jones :

can you help me out with a few things?

Matt Jones :

to who or what was the area above let to at the time you moved in, and how long after you moved in did the gym begin operating?

Matt Jones :

did you know that a gym would be moving in when you took on the lease, or did the previous tenant?

Matt Jones :

have the landlords or tenants put any noise deadening technology into place to help stop the noise as best as possible?

Customer: 1,The above area, was empty for the last two years before it was a lady's gym with the machines that do the work for you, only open a short while I believe 6 months.
Customer: We did not know that a gym would be up there, but when we found out we express are concern when we found out they assured us it would be fully sound proofed the building is pre 1940.they have put some soft matting down but we were on construction for 25 years and know what it would take to make it fully sound proofed.
Matt Jones :

ok thanks

Customer: The agents are just wasting time we are still waiting for a survey done to make sure the floors can hold all the weight of the gym equipment that's up there that should have been done in febsr
Matt Jones :

to answer your first question, you would be liable to pay the rent under the lease whether you end the lease now or wait the full year. The real question is has the landlord, by renting to the gym, breached the "quite enjoyment" clause in your lease, or is there a case for a "nuisance" claim against the landlord or the other tenant (or both). There have been a few cases where the Court has held that noise nuisance has encroached onto another tenant enjoyment of the business premises, and so found in favour of them. However it is not straightforward as the Court has to balance the fact that a Landlord is entitled to rent his adjoining premises to whomever he wants. What you can do however is use this argument (through a solicitors letter) to perhaps negotiate a settlement and an early end to your lease without having to pay for the last years rent, if this is what you want.

Customer: Sorry there must be a fault! It keeps cutting me off when writing, meant to say February, we are not in a position to wait till it's sorted we need ever penny we get to keep the business going this has been the final straw, it's putting people off has the gym open the widows above so people are just looking up at where the noise is coming from and not looking in the shop window.
Matt Jones :

please seem my comments above

Matt Jones :

Hi hopefully my comments have helped, but by all means ask any follow up questions. if you are happy for the moment please leave positive feedback. the question wont close and you can ask any follow up questions later if you think of them

Customer: It looks like the landlords can do what they want! And we don't have any rights In this situation,they can spoil are trade but we still have to pay them rent how do they expect us to do that when are trade is dropping? If we had known we would not have taken the lease on.
Matt Jones :

I wouldn't necessarily say that, but yes these case are never easy. As I say the landlord has a right to lease adjoining premises to those he sees fit, however you have a right to go about your business with the minimum of inconvenience. I am sorry if this is not quite what you wished to hear but I have a responsibility to be honest with you. I can offer a service where for an additional fee we speak over the phone. Let me know if this is something you would with to consider. If not then I would be grateful if you leave positive feedback

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