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Thomas
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Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, Ive go a fixed term contract for a 15 months, now I

Resolved Question:

Hi,

I've go a fixed term contract for a 15 months, now I am on the trhir month rent.

Unfortunately I've been disturbed so much by my top neighbours.

My contract do no included break clause .

My question is, there is another way that I can broke this contract?

Roberto
Submitted: 4 years ago.
Category: UK Property Law
Expert:  Thomas replied 4 years ago.

Hi Roberto,


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.

However, landlords are generally under a duty not to unreasonably refuse a suitable tenant and your focus now should be on finding one. 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.

Did you occupy the property under an assured shorthold tenancy? Check your tenancy agreement but all tenancies after 28 Feb 1997 are assured shorthold tenancies unless specific steps were taken to set it up as merely an assured tenancy.

If you are (occupying on an AST) then your landlord must put the deposit monies into 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 return of the deposit and a fine of three times the amount 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 out of the dispute (suggesting you will take her to Court because of the deposit not being properly deposited), or you can issue a claim against her at Court for the money to buy you some breathing space.

Other than that, you will have to seek to compel your neighbours to stop disturbing you. If the disturbances relate to noise then I would suggest contacting the local authority environmental department and tell them that the noise is disturbing you. They will send an officer round to check and if your neighbours do not stop then you can ask the local authority to serve a noise abatement notice. Ask any other neighbours if they are similarly affected and get them to do the same thing. It would also not hurt to contact your landlord and agent about the matter to see if there is anything they are willing to do.

 

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
Category: UK Property Law
Satisfied Customers: 6520
Experience: BA (Hons), PgDip, Practising Solicitor
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