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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10122
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I have recently rented a property that has a boxing gym to

Resolved Question:

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?

Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.

My name is XXXXX XXXXX am happy to assist you with your enquiry.

On a general point first of all-You can request the landlord to let you terminate the tenancy. If he doesn't agree and you do move out, the landlord can sue you to claim the remaining months' rent from you but he is expected to mitigate the loss by renting the property to someone. The landlord would have to provide proof of what he has done to get a new tenant. If he gets a new tenant for the period in question, he cannot claim rent for that period from you, unless there is a difference between the new rent and the rent that you are paying.

However, in this case, you can claim misrepresentation to rescind (terminate) the contract under the Misrepresentation Act 1967 BUT only if you asked a direct question to the landlord regarding any disputes/issues with the property in question and he did not reveal anything to you. So, if you specifically asked if the property was quiet, AND he knew this was not the case, AND he did not disclose the noise the gym generates, you do have grounds to claim misrepresentation.

I suggest that you put this in writing to the Landlord.

I hope this answers your question and sets out the legal position to you.

Kind Regards

Customer: replied 2 years ago.

Hello Al,


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.



Expert:  Aston Lawyer replied 2 years ago.

Hi again,

Thanks for your reply.

First and foremost, a Landlord is NOT responsible for disclosing any issues surrounding a property, whether it be noise or a nearby railway. It is up to the Tenant to do their own homework, as they "take the property as it is".
However, if the tenant had asked directly or indirectly about noise/disturbance then the Landlord, or his Agent, would have had to have answered honestly and would be guilty of misrepresentation if he did not. Therefore, he is guilty of misrepresentation, by not disclosing the noise of the gym.

Furthermore, a Landlord is under a duty to give the tenant a right to quiet peace and enjoyment of the property. If this peace and enjoyment is impacted by noise, the Landlord has breached your right to quiet enjoyment.
This would be a breach of contract on its own, ignoring any misrepresentation claim, and you are entitled to terminate the Tenancy as it is a “repudiatory” breach of contract.

The fact that they have actually told you to complain to the Council adds even more to your argument, as it is an acknowledgement that the gym is generating unreasonable noise! The Landlord therefore has no defence to your right to have quiet possession.

I hope this helps!

Kind Regards
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10122
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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