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commerical and residental mix and noise complaints

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  • commerical and residental mix and noise complaints

    This is a situation of a new commercial lease of a yoga centre( for one year) and upstairs (but not directly overhead) there are noise complaints from the residental flat and the landlord is insisting the yoga centre must stop making a noise. The commercial building is in the CBD and the noise level is allowable in the CBD. The Yoga Centre does start at 6.30 am three times a week and is finished in the evening by 9 pm. There are no classes in the weekend. The main complaint seems to be about the yoga tutors voice. The allowable use is a Yoga Centre. The Yoga Centre requested a meeting between the parties but it seems that has made the relationship of landlord and tenant even worse. He is texting and e-mailing that the noise must stop immediately. What are the rights of the tenant in this case. There are no special conditions in the lease. Is there anyone that has experience in this matter? The previous tenant in this space was a retail tenant. Thanks

  • #2
    I take it you're the yoga tenant?

    Seems to me the yoga operation has a right to run their business - as long as it's in a reasonable sort of a way.

    Seems the landlord is regretting his/her decision to have this arrangement of tenants.
    Squadly dinky do!

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    • #3
      Residential over retail is common in some zones and works because of the hours and nature of the retail use. Yoga is a bit different and may breach the 'gathering place' rules and thus require consent which then allows the consent authority to impose conditions relating to any adverse effects of the gatherings.

      You need someone to have a look at the relevant District plan or talk to a planner.

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      • #4
        Thanks I have not heard of the gathering place rule. The use of the premises on the Lease Agreement is for a yoga studio. Having to fight the Landlord with a letter written from a solicitor is what happens when he does not have the will to negotiate. I had to get a legal opinion and the yoga studio is well within its rights.

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        • #5
          Yes I hope he is regretting being unreasonable, and finding out it is not a very good fit. I think the problem is now back with him thanks to a solicitor's letter.

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