Tvunget bort fra jobbet af byggestøj

Et engelsk-talende medlem spørger om muligheden for lejenedsættelse på grund af støj:

Dear LLOH team,

I am reaching out to you with a challenge that I have been facing for the last weeks:

I live in (Copenhagen) and my apartment faces a construction site beside my building. As tenants we were informed about the upcoming work, however since the work has started, living and working from my home has become a major challenge.

For the last 2 weeks multiple concrete pillars are hammered into the ground, creating a constant loud noise (from 8:00am to 3:30pm, Mondays to Fridays), massive vibrations of the entire area and smell of smoke.

As a consequence I have to keep my windows closed and find another place to work during my key working hours. I therefore would like to inquire if the affected tenants can get a discount in the monthly rent. Many thanks, (tenant)

LLO svarer: Bevisbyrden er din!

Dear tenant, Thank you for your mail.

The Rent Act states that a tenant can demand a proportionate reduction in the rent as long as a deficiency impairs the value of the lease.

That is if the rented property is partially uninhabitable, or if the tenant’s possibilities of use are reduced in some other way, the tenant can demand a smaller discount.

The court looks specifically at how much of the leased property cannot be fully utilized, the reduction in the possibilities of use and the nature of the inconvenience. Furthermore it is stated in the municipalities regulation for construction sites in the city that particularly noisy work can only take place within monday - friday 8am to 17pm.

A claim for a temporary rent reduction under this provision is a claim for money, which means that if you do not get an agreement with the landlord, the case must be brought before the Housing Court.

These cases are costly (financial and time) and it is you who must be able to prove that you have suffered a concrete loss due to the limited use of the apartment.

Since the deterioration ”only” concerns noise, and, since the work has been carried out within the daytime, I cannot recommend a court case.

I hope that answers your questions and otherwise you are of course welcome to come back.

Best regards,

Jin Vilsgaard

Juridisk rådgiver,

LLO Hovedstaden