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
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6655
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Property Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

Can you please point me to the legislation that will allow

Resolved Question:

Can you please point me to the legislation that will allow me to break my lease early due to living in threat of our safety ? due to previous break in, mail being stolen from the letter box (in particular ? credit cards and bank statements), and a manic depressant neighbour who has been reported to the council for excessive noise (extreme religious chanting).
Submitted: 3 years ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Is this a residential tenancy?

 

Did you ask the landlord/agent about the neigbours prior to moving in?


Toim

Customer: replied 3 years ago.

Hi, yes this is a residential tenancy.

 

No, I dont recall asking the agent explicitly about this tenant. This is a terrace, conversion? 4 stories, we are the basement, he is on the floor directly above. I recall asking the agent about the neighbours in general, but not explicitly the neighbour above. He was not alerted to me that is was a known problem.

 

The landlord coincidently owns both ours, and his flat, managed by the same agent.

 

-Heath

Expert:  Thomas replied 3 years ago.

Heath,


It's quite important. Do you recall asking generally about noise/nuisance/disturbance and, if so, what did they say?


Tom

Customer: replied 3 years ago.
I did say during the inspection - what are the neighours like? I would confirm we would have asked, as a basement flat, obviliously we would be naturally concerned about the neighbours, as any noise above would travel down.

 

I am actually thinking now, that his apartment may not have been tenanted when we moved in, and it had been vacant for some time. I will find out if you like?

 

-Heath

Expert:  Thomas replied 3 years ago.

Hi Heath,

 

The key issue is whether the man lived above at the time you took out the tenancy and whether he had started making these noises. Please confirm.


Tom

Customer: replied 3 years ago.

Hi Tom,

 

I can confirm, the tenant moved in before us. He was known to other tenants inthe building almost instantly from his complaining himself. The neighbours above (flat 3) him have lived there for 5 years (they are owner occupiers) and have never had any trouble, until he moved in. I cannot confirm, and would find it hard to confim today (might over night by speaking to flat 3, whether they complained to the agent themselves, if that will help any?

 

-Heath

Expert:  Thomas replied 3 years ago.

Heath,


Thanks.

 

The landlord is not under a duty to volunteer the fact that he knew about the noisy tenant, but if asked about it then he would have to tell the truth. A direct question ("are the neighbours noisy") might enable you to terminate, or an indirect one ("are there any nuisances") might also catch him.

 

If you could prove this misrepresentation then you could terminate on the basis of this (repudiatory) breach of contract

 

If you asked "what are the neighbours like" and he did not say then this could conceivably be a breach by him. The practical problems for you is 1) they may dispute this and take it to court for a judge to decide if it was a breach and 2) there is no documented record of their saying it, so they could lie and deny saying it.

 

If you had in in writing from him that there were no noisy neighbours then I would say that you have a fair chance of terminating on the basis of this without giving them a case to sue you.

 

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 and demanding to be released from the tenancy. This would have to be in the form of the surrender.

 

You may choose to attempt to get out of the tenancy by finding a replacement tenant.

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. http://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.


Kind regards,


Tom

Customer: replied 3 years ago.

Hi Tom, I was hoping there was a angle to break the contract based on safety, more than noise. My fiancee has asked me not to intervene when he goes on his hours on hours rants, in fear he will retaliate when I am not there, that she does not feel safe in the flat on her own. I dont feel safe that he is there above us. He is a very unpleasant neighbour, I have been in verbal altecations with him, as have flat 3.

 

I thought I saw or was shown a section of the tenancy legislation here, that if the safey of the tenant was at risk, they can break the lease and give 4 weeks notice.

 

Is that your understanding also?

 

Thanks,

Heath

Expert:  Thomas replied 3 years ago.

Heath,

 

I am not aware any law like that. I am extremely doubtful however, on the basis that if there were such a law which affords a tenant a right to terminate on the grounds that the fear for their personal some element which is in the landlord's control then it would not make sense for 4 weeks notice to be given - presumably 4 weeks would be more than enough time for to harm that perons safety.


There is nothing in the housing act legislation (which governs tenancy agreements).

 

Trust this clarifies, if so please click accept.


Kind regards,


Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6655
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Property 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... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...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
< Last | 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:

 
 
 
  • Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    2289
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    2244
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    1198
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    809
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/AJ/ajlaj01/2012-5-9_14051_Profile1.64x64.jpg Alex J.'s Avatar

    Alex J.

    Law

    Satisfied Customers:

    400
    LPC, 2 Years Conveyancing
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    212
    Barrister 17 years experience
 
 
 
Chat Now With A Solicitor
Thomas
Thomas
1293 Satisfied Customers
BA (Hons), PgDip, Practising Solicitor