Hi I will try and help
can you help me out with a few things?
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?
did you know that a gym would be moving in when you took on the lease, or did the previous tenant?
have the landlords or tenants put any noise deadening technology into place to help stop the noise as best as possible?
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.
please seem my comments above
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
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