I have recently rented a property that has a boxing gym to the rear of it. I moved in on 8 May. The noise and disturbance from the gym is pretty bad. The gym is meant to operate from 7am-9pm and is not meant to be heard outside the boundary of the gym. I can hear it in my flat inside the bedroom (furthest away from the gym) and this is with all my doors shut and ear plugs in. Also, the gym is used from 5.45am some mornings and wakes me up. I have now discovered that the gym has submitted a planning application to extend which can only mean more disturbance and noise. The landlord knew about this and didn't tell me, and I can now understand why the agent would only let me see the property after 9pm (i.e. after the gym had closed). I have asked the landlord to release me from the tenancy on the grounds that they should have declared this to me when I asked about noise and said I was looking for somewhere quiet. What are my rights?
I asked the agent not the landlord. I did so verbally, not in writing when I was shown round the property. I made it very clear that I wanted a quiet property. I was told that the gym wasn't a problem and that they had done viewings when the gym was in operation and you don't hear it. This is far from the truth!
The landlord is a director and owner of the lettings agency so the agent that showed me round was acting on behalf of the landlord. Does this count?
Soon after moving in I e-mailed the agency and raised concerns about the noise. The agency and landlord have been encouraging me to complain to the council about the noise and telling me that the gym proprietor will lose his licence if I complain. Given that the landlord and a tenant in the flat upstairs have both objected to the further development, the tenant upstairs (property also owned by my landlord) has also raised concerns about the noise, it seems that the Landlord has knowingly asked me to confront a known issue that he has failed to resolve. The council have rejected their concerns and issued planning consent anyway.
I have also asked if the Landlord will install double glazing to reduce the noise impact and he has refused.
My specific objections are that they should have declared about the noise from the gym and about the proposed extension to the gym.