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 Thomas Your Own Question
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7405
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

My new tenant moved into my London flat less than two months

This answer was rated:

My new tenant moved into my London flat less than two months ago. Three week, I advised him of upcoming roof repairs and he now wants to break the contract (well before the breakout date) on the basis that the noise will disturb him, and had he known before taking on the flat, he would not have rented the flat.

I was aware that quotes were being sourced by the block's committee from contractors. However, the scale or timing of the works was not confirmed until three weeks ago when I immediately advised the tenant of the scheduled dates and duration.

I have attempted to advise the type of work that will be undertaken. There is no suggestion that it will be excessively noisy. However, the tenant says that he is sensitive to noise and any works will be intolerable. The estate agent tell me has an OCD although the tenant did not disclose this at the time that he took on the flat.

I do not believe that I have not misled the tenant. The tenant says that the contract between tenant and landlord is now 'null and void due to non-disclosure of material fact'.
He plans to vacate the flat within the next week (until which time he has paid rent) and is demanding a guarantee that his full deposit will be returned.

However, there are two issues. The shorthold tenancy agreement states:

1) "If the tenant intends to vacate at the end of the fixed Term or later he must give the Landlord at least two clear months prior notice in writing'. This has not occurred.

2) 'This is a fixed term tenancy agreement for the period specified. There is no provision for the Tenant/s or the Landlord/s to terminate the agreement before the expiration of the fixed period. In the event that both parties agree to vary this clause rent willbe due up to the end of this agreement ort when the Landlord or a new Tenant takes possession of the said property. In addition, if the request to vary this clause was at the request of the Tenant, the Tenant will reimburse the Landlord the letting commission (10% of the rent + vat) from the date of early termination until the date that this contract was originally due to expire.'

I would be grateful on your comments please.

Many thanks,

Hi Ronia

Have you agreed to postpone or amend the works?

Customer: replied 3 years ago.
No. The works are decided by the managing committee for my block of flats. It involves scaffolding to repair the roof.

Right, So actually you have no control over the works themselves. Correct?

Where is the flat in relation to the works? Close, far?

Customer: replied 3 years ago.
Correct. The flat is on the top (third) floor of the block.

Thanks for your patience.

It’s a sticky situation, frankly.

Technically, you were not under a duty to disclose. If the tenant had asked directly or indirectly about noise/disturbance then you would have had to have answered honestly and would be guilty of misrepresentation if you did not.

However, I don’t think you’re off the hook because under the tenancy you will have given the tenant a right to quiet peace and enjoyment of the property. If this peace and enjoyment is impacted by the roof works and you did not tell him about it then effectively you would have breached the tenant’s right to quiet enjoyment.

This would be a breach of contract and if the noise was so bad that it effectively denied the substantial whole of the benefit of the contract to the tenant then they could terminate at that point unilaterally as it would be a “repudiatory” breach of contract.

I would say that the tenant probably does not have a right to terminate now, but if the works start and they are bad then they will at that point.

I would say to the tenant that he has no right to terminate (if you did not misrepresent the situation) at this point and that he should sit tight to see what impact the works actually have.

If the works start and they are plainly disruptive then I would offer to surrender the tenancy with tenant for a small fee paid from him to you. If he resists this then I would let him off the hook.,

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7405
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Law Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • 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 Leeds, UK
< Previous | Next >
  • 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 Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • 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 Los Angeles, CA
  • 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 Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC

Meet The Experts:

  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
< Last | Next >
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • INC's Avatar



    Satisfied Customers:

    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • Jenny Mackenzie's Avatar

    Jenny Mackenzie

    Satisfied Customers:

    Over 10 years experience in general legal matters
  • Matthew J's Avatar

    Matthew J


    Satisfied Customers:

    4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
  • Stuart J's Avatar

    Stuart J


    Satisfied Customers:

    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • Clare's Avatar



    Satisfied Customers:

    family solictor with 25 years experience
  • Thomas's Avatar



    Satisfied Customers:

    BA (Hons), PgDip, Practising Solicitor