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Jo C.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 69367
Experience:  Over 5 years in practice.
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I have a tenancy (fixed term 1 year short hold ending on 26

Customer Question

I have a tenancy (fixed term 1 year short hold ending on 26 /Feb 2016) a detached bungalow , the bungalow next door have planning permission for the garage to be altered to residential and one story added the work has started and will continue every day until about the end of January. It is very noisy and dusty the garage is only 3 inches from our fence and one foot from our bungalow. The landlady said that as she knew nothing of this we cannot look to her for compensation but to the neighbour. We really want to end the tenancy now as life is awful my partner has terminal cancer and needs quiet but it would be terrible for anyone. Can we end the tenancy now please.we are 71 and 77.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Jo C. replied 1 year ago.

Is there a break clause in the AST?

Customer: replied 1 year ago.
No
Customer: replied 1 year ago.
Replied no to your question is there a break clause but have received no further Email
Expert:  Jo C. replied 1 year ago.

That is a problem I'm afraid.

ASTs are very hard to escape. Usually you have to exercise a break clause, act with the consent of your landlord or show that the property is uninhabitable because it has suffered something like gutting with fire damage.

The landlady is right in this instance. She is not responsible for the actions of the neighbour and if she will not agree to release you then leaving early is a breach.

In fairness, she is under a duty to mitigate her loss by seeking a replacement tenant if you were to leave early but over Christmas that is obviously hard to do and your liability could be longer than normal.

In truth, if this ends in February anyway then it is not really worth the risk.

You do have to give notice to leave in February also. The contract does not just expire.

Can I clarify anything for you?

Jo

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