How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Stuart J Your Own Question

Stuart J
Stuart J, Solicitor
Category: Property Law
Satisfied Customers: 22403
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
11292137
Type Your Property Law Question Here...
Stuart J is online now

We have an office we lease and the downstairs unit is being

Customer Question

We have an office we lease and the downstairs unit is being refurbished but are making excessive noise during our normal working day preventing us from conducting business. Can you please advise if we could seek an injunction to stop these works and if this is the right course of action? Or what you would advise?
Submitted: 3 years ago.
Category: Property Law
Expert:  leanne-jones replied 3 years ago.
Hello - my name is Leanne and it will be my pleasure to assist you today.

Does the lease allow for works to be carried out?

I assume the works are actually needed and they are not doing it for the sake of it?

Customer: replied 3 years ago.

Hi, Looking through the lease i cannot see anything that covers this point for either us or for the landlord.


 


There is a doctors surgery moving in that requires specific refurbishment works. They have stated it could take up to 8 weeks.

Expert:  leanne-jones replied 3 years ago.
Thanks. Contract law states that a person relying on a provision must prove it. Therefore if you want to stop the works then you need to show that the Landlord is in breach of contract. As the contract does not govern this point I think you would struggle.

In considering whether or not to grant an injunction a Judge would have to consider is the injunction proportionate. Given that this is a refurbishment and not just work being done for the sake of it - I do not think that an application for an injunction would be successful.

However that is not to say that you would not be able to seek some sort of compensation from the Landlord.

The purpose of the property is to conduct business. If this is limited or you can not do it then you would be entitled to seek compensation for this.

However the Landlord may ask if you have business interruption insurance that may cover you - I assume you do not.

Therefore based on what you have said, no you wont be able to get an injunction but could seek a reduction in your rent. I hope this helps. Leanne.

Customer: replied 3 years ago.

Hi,


 


I sent you a reply,whilst your answer was coming in which i think covers the points you have raised. i did say in my original question. "Can you please advise if we could seek an injunction to stop these works and if this is the right course of action? Or what you would advise?"


 


So it appears we have a slim chance of seeking an injunction so what other options are open to us to put pressure on them to stick to the agreement? Given i am not interested in a rent reduction.

Expert:  leanne-jones replied 3 years ago.
All you can do is seek the Landlord to limit the works to certain times of the day, certain works carried out at certain times (so quieter operations in the day), or that they work weekend for noisy works.

Your only other option may be if this frustrates the contract so you can not work is to terminate it without notice and leave. But you would have to show that you were incapable of completing your part of the contract.

For example if you chartered a boat and it sank - you couldnt fulfill the contract. But these are your only options. You are not interested in a reduction so you can only seek to agree and limit times of any works........ Leanne.

Customer: replied 3 years ago.

OK thanks,


 


So to sum up, there is nothing legally i can do to stop the works.


 


Assuming this is correct, the options open to me are simply to communicate with the landlord for him to enforce strict timelines for noisy work with the contractor. With the only option open to me to enforce that, is to state that we will terminate the lease agreement because we cannot use the office for the intended purpose?


 


Thanks


 


 

Expert:  leanne-jones replied 3 years ago.
No - you can't get an injunction because I am assuming the works are not unreasonable in their nature - only the noise.

Yes, the only option is to get rent reduction or works limited/scheduled outside these times.

And yes, if refuses and you simply can't work terminate the agreement.

Leanne.

Expert:  Nicola-mod replied 3 years ago.
Hello,

I'm very sorry but leanne-jones is no longer available to answer questions. I've been working hard to find another Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Expert:  Stuart J replied 3 years ago.








Thank you. My colleague is no longer available and I have been asked to
review the answer for you.



I can confirm that the information given by my colleague is correct.



I would add that there is nothing to stop you applying for an injunction
but it would be up to the court to decide (and for you to prove) whether the
noise was reasonable or not.



It is not a risk that I would be wanting to take if I was spending my money.



What it is worth doing is getting a solicitor to write a really snotty
letter threatening an application for an injunction and costs unless the noise
is toned down and limited to certain hours. If they take no notice however I
would not be going to court.



As my colleague said, you can seek a rental reduction from the landlord
what she did it tell you (just in case you were thinking of it) is that you
cannot hold any rent.



Can I help further?



Please bear with me today because I am online and off-line. Please don't
forget to positively rate my answer service (even if it was not what you want
to hear). If you don't rate it positively, then the site keep your deposit and
I get 0 for my time. It is imperative that you give my answer a positive
rating. It doesn't give me "a pat on the head", "good boy" (like ebay), it is
my livelihood!

If in ratings you feel that you expected more or it only helped a little,
please ask.



What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    414
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1823
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    241
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.