UK Landlord Forum / Life

Hi,

After arriving in London for the first time and looking for a flat for two weeks, we ended up renting a one bedroom flat with a garden near Clapham North, between Clapham and Brixton. We fell in love with it during the viewing and gushed to the landlord about the garden and the late lunches we were hoping to have there during the summer. We live right behind the overground, visible from our bedroom window and garden and talked about the noise with him. He said he didn't really mind it and we agreed (we don't, I actually find it quite charming). Aside from the occasional train, the flat was wonderfully quiet and calm. You could hear the birds singing.

After moving, unfortunately, we discovered that we are on the final landing path for Heathrow. We live about 15 miles from the airport, but sometimes they fly pretty low, making the sound unbearable and even rattling windows. I can often read the name of the airline written on the plane. Moreover, this means that 100% of flights coming into Heathrow pass not 1 block away from my house, but exactly above it. This is not "one" flight path, this is THE flight path. Why hadn't we notice when we visited the house? Unbelievably, on the day of our viewing, winds were blowing east, meaning the flights were not taking the usual landing path - this only happens 30% of the year, but when it does it's completely quiet. I am now woken up every morning from 4:30 am by low flying planes passing every 30-45 seconds. My life has turned into misery and I'm getting anxiety attacks. It is also causing stress with my partner.

My question is: should my landlord have disclosed this? There was absolutely no way for us to know: living 15 miles from the airport, we didn't think it would be a problem, and since we were on easterly winds, we couldn't hear anything when we visited. I just feel the landlord was deceiving as we had talked about the noise level from the train and he never once mentioned the bloody final landing flight path right above our heads. I've also read that the new leasing law states this is the kind of thing a landlord should disclose. Is this reason enough to terminate a lease? Thank you, going crazy here...

With all due respect, the airport (and the corresponding flight path in the area) were there first. The landlord didn't reroute the planes deliberately for your viewing to make things appear quieter.

Now assuming that it was something the landlord were required to disclose, the right to unwind a tenancy within 90 days does not apply from misleading omission, only misleading action. So that conversation about noise you had, exactly what was said plays an important part here. Unless the landlord deliberately attempted to deceive you through his action about the normal noise level knowing it was an important consideration to you, I don't think you'll be able to cancel the tenancy unilaterally.

The best thing about a tenancy is that it's a short-term thing... whatever problems you have (with the property, with the area, with the Landlord) will all end, at some point. There will be a light at the end of the tunnel... and you can go into your next search with your eyes (and ears) more open than before. Rather than give in to the stress and anxiety, you should be able to spin your perspective, realising that you have the ability to get out move on - the only issues for you will be money and time and effort. The London market remains different to nearly anywhere else in the country... I doubt the Landlord will care much if the tenancy ends, it probably will go like a hot cake when it's ready for re-let... the challenge (as it always seems to be) will be for you - the Tenant - when searching for a suitable property in The Smoke. So... try to rest easy... forget about legal machinations... focus all your efforts on your next home... reassured by the feeling that you will, relatively shortly, be leaving this one as a dim and distant memory.

In the meantime... ear plugs, ambient sounds, meditation, Dodow... whatever strategy works for you. And just thank your lucky stars you weren't in the market to buy this place at the time you viewed it... and ended up in the same situation but with a mortgage attached.

See? It's all about interior spin.

Final comment - your statement "There was absolutely no way for us to know" is, of course, false and it panders (well) to your feeling of being hard done by... the way for you to know was - axiomatically - to do your research and to look before you leap.

Unfortunately, while we could be optimistic about it and think about our next rental, the truth is that after this lease end we WILL have to leave London as we are only staying here for a year - meaning this will actually be our only home in the UK and our only experience in London. So we can't really focus our efforts on our next home - or not yet, really, as it will be an ocean and a 16-hour flight  away. Moreover, researching whether you are under a flight path when living 18 miles away from the airport does seem like a bit of a stretch to me. And yes, if worse comes to worst we'll be optimistic about it, but this is of course a harder thing to do when we spent the last two years saving for a year abroad in London.

Ps. Apparently being right under - and I mean right under, not a block away - a flight path is something that should have been disclosed since 2013: https://www.thisismoney.co.uk/money/mortgageshome/article-2315200/Learn-new-house-rules-Estate-agents-reveal-property-problems-says-OFT.html

Quote from: jjj on December 27, 2018, 05:26:15 PMMoreover, researching whether you are under a flight path when living 18 miles away from the airport does seem like a bit of a stretch to me.

You see, it really doesn't seem like a bit of a stretch to me... it's a big decision, you should be [have been] more careful, circumspect. So it's just a matter of perspective.