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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I have been served with a section 8 rent arrears. However,

Customer Question

I have been served with a section 8 rent arrears. However, I believe that the landlord has been in breach of our contract for 'quiet enjoyment'. Will I need legal help to go to court to argue?
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi,

Do you dispute that you are actually in two months arrears with the rent?

In what way has the landlord breached your right to quiet enjoyment?

Tom
Customer: replied 1 year ago.

We moved into a new development as first tenants. One month in we were advised that there will be continued construction. At this point there was very bad communication from the landlord. At no point on viewing, signing for the AST were we ever advised of ongoing construction in the form of 2 additional floors above our block. In order to get response and place our point / argument I did withhold rent and further lack of communication led me to continually with hold rent. His actions have led me to do so.


 


So the quiet enjoyment breach is in the form of construction from 7am - 5pm 6 days per week and predicted to end Jan 2013. Our AST started July. Thats almost half the life of the agreement.


 


We have had discussions but to no avail and then I got served.


 


My disagreement aswell, is on the basis that we were never informed of any on going construction prior to moving in/signing AST.

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

I’m afraid that the landlord is not under a duty to volunteer such development works to you. They landlord is under a duty to answer honestly if you ask him whether there are any developments works which he is aware about and would breach the contract if did not answer honestly because it would be contractual misrepresentation.

However, if you did not ask him then he has not breached the contract by not volunteering the fact that there are development works unfortunately.

Quiet enjoyment extends only to such matters as are within the landlords control and is intended to prevent the landlord themselves from harassing you. It does not extend to matters outside of the landlord’s control like these works unless he was asked specifically about them (see above).

Your recourse in respect of the noise would be against the developer if it were the case that they are breaching the conditions of their planning permission.

I’m afraid that I cannot see that you have legitimate grounds, or any grounds with an appreciable chance of a successful defence, to defend the s8 notice. I would focus on attempting to resolve the issue with the landlord now and getting him to withdraw the application.

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6293
Experience: BA (Hons), PgDip, Practising Solicitor
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