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We moved from abroud into a flat and where told that is was…

We moved from abroud into...
We moved from abroud into a flat and where told that is was fire proofed. Unfortunately it was not and a few month ago construcion has started and we were told that we will have 18 month of construction ahead of us.
Furthermore we have to deal with the noice of a domestic violent tenant above us who on top of that also started construction in their appartment.
Writing to the landlord or the property management has not brought a solution.
The noice form the neighbores and construction has become unbearable.
Can we terminate our shorthold tenancy early?
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Answered in 5 hours by:
2/19/2018
JimLawyer
JimLawyer, Senior Associate & Consultant
Category: UK Law
Satisfied Customers: 203
Experience: Senior Associate Solicitor and Litigator
Verified
Hello, it seems the company has tried to vary the tenany agreement by introducing a term for 18 months of maintenance (in addition to the neighbour above who is causing a nuisance). You have rights and the 18 month term is excessive and unreasonable. I cannot see a court criticising you for termination of the agreement. I would write to them again and confirm you have taken legal advice. You can give them notice that you intend to terminate the agreement due to the above and if you’ve paid a deposit, request that back and if that if they refuse then give them 14 days to pay failing which you will submit a money claim online (www.moneyclaim.gov.uk). It doesn’t cost much to do the small claims online - you just need the company details and address which you can find on companies house website. If you need any further advice, I would recommend free advice from A company such as Slater & Gordon who could help you with the termination of the tenancy agreement if the company still don’t accept your wishes. I hope I have helped. Please click accept if I have. Many thanks and good luck. James
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Customer reply replied 2 months ago
Thank you for your quick reply.
As we are students we have to pay our rent 6 month in advance. The next rent is due beginning of March. As thinks will most likely not be resolved by then do we have to pay for the next 6 month? We do not intent to stay for an other 6 month in this building but fear if we pay now we will not receive our money back. How do we proceed? Can we pay monthly till issues are resolved?
It’s up to you if you pay for it but like you say it’s very doubtful you’ll get your money back. I would check the agreement to see if there is a break clause. If so you can leave early. If there is no such clause, you either needs the landlord’s written permission to end the agreement or attempt to prove that the landlord is in breach of the agreement and has failed to remedy that breach. The break clause (if there is one) allows you to end the contract early if the property is unsatisfactory. The landlord can then agree to release you from the agreement. If you feel the landlord has breached the agreement (and it seems to be the case here) then you need to bring it to their attention and allow them to remedy the breach. You should write to the landlord setting out your issues and for them to be dealt with within 10 days. If no response them write again to remind them they appear to be in breach. Then contact your local council and advise them of the issues and then write to the landlord again if the problem has not been resolved explaining that you are issuing 28 days noticentk quit as you believe the landlord is in breach of contract. That letter should explain the terms which you believe the landlord has breached. I hope this has helped, please clock accept answer if so. Thanks, James
JimLawyer
JimLawyer, Senior Associate & Consultant
Category: UK Law
Satisfied Customers: 203
Experience: Senior Associate Solicitor and Litigator
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Category: UK Law
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