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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 19534
Experience:  Solicitor
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Moved into a new apartment 2 days ago and was shocked that

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Moved into a new apartment 2 days ago and was shocked that The noise level is 72 Decibels with windows closed and peaks at 86 decibels. The trains Below the window runs from 5 am to 1 am every 60 seconds. So we have four hours of. quiet time. Also the thermostat doesn’t go below 28 C donuts boiling. I want to terminate the lease
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No.
JA: Where is the apartment located?
Customer: 100 Madeira Tower,***** London, SW11 7AB
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello my name is ***** ***** I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

Did you not realise there were trains when you moved in?

Customer: replied 1 year ago.
We knew there were trains, but did not realise how loud they would be on this side of the building. We viewed other flats with other agents in the neighbourhood and it wasn’t as loud. This flat in particular the agent refused to show us due to covid. Now we can’t have the windows closed or we will suffocate and we can’t have them open or we will loose our hearing.

What has the agent said about the heating?

Customer: replied 1 year ago.
The agent talked to the building’s customer care team and they are unsure of what the issue is. They said the property will hold in heat if the windows are closed and if it’s hot outside, but that we should monitor the situation over the next few months. So essentially unhelpful. With the windows closed with the weather today it is hot in the flat. If it gets sunnier it will get even hotter.

Ok - but is the heating actually on?

Customer: replied 1 year ago.
Right now it is not on. We have turned all the switches off and it is still hot in the flat. We suspect the heating is turned on in the flat underneath us and maybe the owners have left. We have underfloor heating and maybe its coming from the flat downstairs (we mentioned that possibility to the agency). The other concern is their statement that the flat is supposed to be so hot when there is sun outside. Which means we have no choice but to open the windows to breathe. But what is the point of the double glazed windows if we have to always keep them open. We cannot hear each other speak with the windows open.

But are radiators on?

Customer: replied 1 year ago.
We don’t have radiators. Only underfloor heating. Either the flat is an aquarium and its significantly hotter inside than outside or the underfloor heating is broken/can’t be turned off.

Is that on?

Customer: replied 1 year ago.
No
Customer: replied 1 year ago.
Turned off

Ok - so its not a fault with that flat but maybe the building?

Customer: replied 1 year ago.
Potentially yes. Could be whole building.

Have you had a survey at all?

Customer: replied 1 year ago.
Let me find out from the agent. Meanwhile do you have any questions?

That's it at present

Customer: replied 1 year ago.
Attached is the survey

Ok - that is an inventory.

The bot***** *****ne is sadly you can't move out because of the noise. It was for you to satisfy yourself when you moved in (bearing in mind its next to a train line) as to the noise. Its like moving next to Heathrow and complaining about the aircraft.

As for the thermostat, unless its a fault with the system, ie you can not turn the heating off, against you cant break the contract.

If you had a survey which said the building was in a state of disrepair, then maybe you could move out.

But your survey is not that - its really an inventory.

So unless you have a survey saying the report saying the property has S.11 Landlord and Tenant act 1985 disrepair, then its going to be hard.

I am sorry if this is not the answer you want, nor the one I want to give you, but I have a duty to be honest

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
Thanks

I am sorry its not better news.
Can I help with anything else today?

Customer: replied 1 year ago.
No thanks

All the best. If I could invite you to rate me 5 stars before you go today by clicking the button at the top of the screen, so the site credits me for the time spent. I am only paid when you rate. if you need further help please click reply. Thanks in advance.

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