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Experience:  BA (Hons), PgDip, Practising Solicitor
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I am in a 12 month assured shorthold tenancy agreement which

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I am in a 12 month assured shorthold tenancy agreement which ends in June 2010. I want to end the agreement before this time because of the trouble i have had with the neigbours (who also rent their property from my landlord). I have been a nervous wreck since they moved in(which was during the middle of the night). My husband works away so i am left to deal with most incidents. The neigbours have had customs and revenue at their house towing away car and van. taking things from within the house, cars coming back and forth all times of day and night. I have had 3 men in my garden claiming they were after the man next door. Police were here last week and broke the door down to gain access into the property. The woman who lives there often comes home in the early hours and bangs on their door and shouts to be let inside . My husband has been down to police station but they say they cant tell us what is going on only that it is serious. We have rang the landlord about 3/4 times but he never answers the phone, so we have left msg to see if can call us back, but up to yet he has not. I just want to leave the property but it does not say in my contract anything about leaving early. It really is making me ill and im a nervous wreck all the time. Please help .
Submitted: 4 years ago.
Category: UK Property Law
Expert:  Thomas replied 4 years ago.

Porobert66,

 

Thanks for your question.

 

I'm afraid you will be bound by the full term of the tenancy agreement unless there is a break clause in it entitling you terminate at a certain point during the term or the property is unfit for human habitation (which would also entitle you to terminate). Your difficultes with your neighbours do not make your property unfit for human habitation unfortunately.

However, landlords are generally under a duty not to unreasonably refuse a suitable tenant and your focus now should be on finding one to take over from you. If the landlord acted through agents then you should explain your situation to them and press them (and continue to press them) to find you a replacement tenant. If the landlord acted on his own then you should speak to him to check that he would be amenable to your finding a replacement tenant. You can then use www.gumtree.co.uk to find a tenant (private landlords frequently use this service.


If you are (occupying on an AST) then your landlord must put the deposit monies in to a tenancy deposit scheme within 14 days of receipt. All deposit under ASTs have to be placed in such a scheme and you can sue the landlord for the reutrn of the deposit and a fine of three times the amout of the deposit if it has not been placed in a TDS. Ask for details of the scheme in to which the deposit has been placed. If it hasn't then you can either use it as leverage to get him to allow you to terminate the tenancy (suggesting you will take her to Court because of the deposit not being properly deposited).

 

You could consider asking the Landlord if he has considered investigating his options to serve a notice for possesion on his tenants under on of the grounds contained in Appendix C of the following guide:-

http://www.communities.gov.uk/publications/housing/assuredassuredtenants

 

If you just move out then the Landlord will doubtless pursue you for the rent I'm afraid. It sounds like a very difficult situation, you have my sympathies.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,

Tom

Thomas, Lawyer
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Satisfied Customers: 6308
Experience: BA (Hons), PgDip, Practising Solicitor
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