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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6525
Experience:  BA (Hons), PgDip, Practising Solicitor
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roommates are disturbing , administrator does not functional

Resolved Question:

hello , I am a student who lived in a 5 people shared flat. there are a few problems


1 my roommate bring their boyfriends live in .


2 they are very loud ,i was waked up in the night many times by their noise.


3 they put the trash in the public area and do not clean their dish after eating 


I have tried to talk with them , actually , the person A who used to live in this room can not bear the situation choose to move out ,but paid for double rents until she find me to move in.


I have talk to administrators as what A did before , but A told me that after administrator gave them warning ,nothing really happened.


I do not want the same result. I want to know what is my right in this situation ?what should I do ,what administrator should do ?


it is said that if I want to move to another flat that I have to find a person who take over my flat now first , i do not think it is reasonable , because it is not my fault and I am more or less forced to leave if my roommates continue their misbehavior. please guides me what action should I take to protect my right not to be disturbed in this situation !


 


 

Submitted: 1 year ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi

Do you have your own tenancy agreement or are you named on a joint one with the other tenants?

Tom
Customer: replied 1 year ago.

I have my own tenancy agreement , each student have their tenancy contract with this student large development building .

Expert:  Thomas replied 1 year ago.
Hi,

I will be able to answer after 9, I have left for the office now.

Tom
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

Generally it is the case that you would be bound by the fixed term of your tenancy unless there was a break clause entitling you to terminate OR the property was not fit for human habitation because there was an environmental or repair problem.

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.

The only way that you could potentially get them to release you is arguing that they have breached their covenants to you. If there is a covenant/obligation of the landlord to enforce the tenant’s covenants in the other tenancies that have been granted and they have not been doing this then you could write to them to say that you consider this a breach of contract. You could ask them to enforce the tenant’s covenants on the other housemates that they are breaching and state that if they don’t then you shall consider the landlord’s breach a repudiatory one, which is a breach so serious that it denies you the substantial whole of the benefit of the contract.

Frankly, I would not be confident on terminating on this basis but it may prompt them in to action.


Sorry it could not be better news,

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6525
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 3 other UK Property Law Specialists are ready to help you

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