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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 32826
Experience:  Award winning lawyer with over 15 years experience
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My son and s friend Shaun are 4.5 months into a 12 month

Customer Question

My son and his friend Shaun are 4.5 months into a 12 month tanancy, they live in a flat above the landlady, who consantly complains about noise, apparantly she can hear people talking. She has twice given the boys notice to leave, and twice she has rescindered that notice. This seems rather harsh as it is quite apparant there is no noise suppression in place, can the boys do anything to combat this landlady who seems to be bullying the boys.
Submitted: 11 months ago.
Category: UK Law
Expert:  Thomas Judge replied 11 months ago.

What type of 12 month contract is it?

Customer: replied 11 months ago.
What do you mean? whilst awaiting your response I will ask my son.
Customer: replied 11 months ago.
It's an assured sholdhold tenancy with no breaks clause, if that makes sense.
Customer: replied 11 months ago.
How soon can you give me an answer ?
Expert:  Thomas Judge replied 11 months ago.

Is she preventing them from having quiet and peaceful enjoyment of the property? What would they like to do?

Customer: replied 11 months ago.
I believe the slightest noise wakes her up, even getting up to go to the bathroom in the night. The boys like the flat and its location, but feel their every moment is being scutinised, it seems to be after 10pm at night they are not allowed to move around for fear of waking her. My son has recieved emails at all hours of the day or night complaining of noise. She even seems to want to censor who they invite round, whilst I appreciate tenants can be a pain, but she surely must be the landlady from hell. The boys are good kids, my son is 21 years old as is Shaun, and its their first years away from home, is there something I can email her to stop her in her tracks from persistantly bully the boys, they have had 2 notices to vacate, that have been rescindered, I gather from my son that she emailed on the 9th Dec saying there was another one coming and she would'nt be cancelling this one. Surely she cannot keep doing this, the boys seem to be constantly being blackmailed.
Expert:  Thomas Judge replied 11 months ago.

No she can not keep doing this. It rather however depends on what they would like to do. There are being restricted in how they can use the property and there are clearly not getting quiet peace and enjoyment of the property. The tenant’s right to live in quiet enjoyment is a statutory right. Failing to give tenants that right could lead to landlord being prosecuted for harassment. Statutory rights cannot be revoked or overwritten. As such if she persists then I would recommend that they either speak to her or contact the LA and ask them to investigate and take action on their behalf. Happy to discuss - please rate positive

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