UK Property Law
Ask an UK Property Law Question, Get an Answer ASAP!
Did you make any enquiries of the landlord prior to entering in to the Lease? Either directly or indirectly (eg. any nuisances or disturbances).
Thanks for your reply.
Can you expand a bit more on the nature of disturbances that you discussed and what was said to you by the landlord in this regard please.
The landlord is not under a duty to volunteer the fact that he knew about the development (if he did), but if asked about it then he would have to tell the truth. A direct question ("are you aware of plans to develop") might enable you to terminate, or an indirect one ("should we anticipate any disturbances from neighbours or surrounding areas") might also catch him.
The distrubances conversation in the above form would not quite get him on the hook in my view. You would also have to prove that he knew the property would be developed.
If you could prove this misrepresentation then you could terminate on the basis of this (repudiatory) breach of contract. If you do this now he would no doubt dispute, sue you for the rent and you would have to litigate on shaky grounds. This presumably would not be in the best interests of your young famiy.
This is not to say you cannot try and get out of it informally in corresponding with the landlord. It costs nothing to sabre-rattle and there is no harm in overplaying your position. See how that goies and if he knows that you are bound and confident he did not misrepresent himself then you will have to see what you can negoaitate with the landlord if the development starts. Perhaps a reduced rent or surrender (where you agree with him that the lease should be mutually termianted) where you pay him a sum of money to give up the lease.
Landlords are under a general duty not to refuse a reasonable repacement tenant and you should also focus on finding one to take over the tenancy. www.gumtree.co.uk is quite good for this.
Sorry it could not be better news.
If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up qusetions.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).