UK Property Law

Get UK Property Law Questions Answered by Experts

Ask an Expert,
Get an Answer ASAP!

UK Property Law
This answer was rated:

We own a ground floor flat in a small purpose built residential

block. The average age of...
We own a ground floor flat in a small purpose built residential block. The average age of the residents is 67, with a few very elderly people. I have had a complaint from the management company reporting for the resident's ass. that my tenant and his partner are making excessive noise on Fri and Sat nights. My tenant: a professional man in his mid thirties is claiming that he is being harrassed and victimised by elderly residents. The property does not comprise sheltered accommodation but the elderly cohort expect extreme levels of peace and quiet. The residents ass. is seeking legal advice. Where do we stand as landlords
Show More
Show Less
Ask Your Own UK Property Law Question
Answered in 11 minutes by:
7/16/2013
Joshua
Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 26,070
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Verified

Joshua :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Joshua :

How long have your tenants been in situ please and how long is left on their tenancy agreement term if any?

Joshua :

Does the lease allow for sub letting?

Customer:

The tenant has been in situ for just over 1 year and , as a relative of ours, has no official length of tenancy. Yes the lease does allow for sub letting

Joshua :

Thanks. Does he pay rent and have exclusive occupation of the property?

Customer:

He doesn't pay rent but pays utility bills and maintains the property. He lives in the property with his girlfriend, who has no tenancy rights but lives there by our agreement. The property for us is a potential retirement home for old age (no irony intended)

Joshua :

Thanks. Does the lease allow for sub letting? If so are there any conditions to your knowledge?

Customer:

The lease does allow for sub letting. The lease requires minimum noise levels after 11.00 pm

Joshua :

Thanks. Your tenants legal position based on the above is that he is an excluded occupier if he pays no rent and is therefore only entitled to minimum notice to leave.

Joshua :

You are vicariously liable to you landlord under the lease for your tenants actions and so it would be unwise to ignore the notice you have received from the management company. Ideally you will contact your relative and seek a written response from him so you can pass this on to the management company expressing your concern and requesting specific examples of the issues they raise.

Customer:

I have no wish for the tenant - who is my son - to leave, rather the opposite! If the residents' association take action can we take counter action, on the basis of harassment

Joshua :

Notwithstanding any specific provisions in the lease that deal with noise, the common law provides with regards XXXXX XXXXX from noise as follows. The House of Lords decided in 1999 in the case of London Borough of Southwark v Mills and Baxter v London Borough of Camden that one cannot be liable to a tenant who is disturbed by the ordinary and reasonable activities of a neighbouring tenant because of inadequate sound insulation between the properties. Under the common law it is principally a question of balance. If the noise is sufficiently continuous so as to significantly impact on neighbours enjoyment of their property it could be that they could claim a statutory nuisance. It is not possible to claim nuisance for ordinary day to day activities as above.

Joshua :

I quite understand your position. You will wish to be mindful of the fact that you would ideally wish to avoid any unnecessary confrontation, legal or otherwise with the landlord if possible but if they are adopting an aggressive stand and legal action is in your view inevitable you will need to familiarise yourself with any provisions from the lease that could be employed by them and attempt to seek a statement from your son that he is complying with the same and rather the noise neighbours complain of is simply his day to day activities in the flat and is a result of inadequate noise insulation rather than nuisance caused by your son.

Joshua :

Wherever possible such matters are better dealt with however by diffusing rather than escalating to legal action but this is not always possible.

Joshua :

Is there anything above I can clarify for you?

Customer:

Yes, we would definitely wish to diffuse the situation and avoid legal action. My son has experienced threatening notes being passed through the door at various times of the day and night. The management agent is aware of one prolific complainer who has caused problems for other tenants. As both tenants are at work all week and often abroad on business (just recently returned from a 3 month business trip to Shanghai) thenoise events complained of must be random and spurious

Customer:

I would appreciate a transcript of the information you have given

Joshua :

Thanks. Threatening notes and behaviour may amount to harassment which is any a criminal offence and can give rise to civil damages. Harassment can be any behavour which is know or ought to be known to cause harassment to another. Your son may consider contacting the police if he is concerned.

Joshua :

I can ask customer services to email you a transcript of the above if you would like?

Customer:

Yes a transcript would be useful thank you. Thanks for your help

Joshua
Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 26,070
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Verified
Joshua and 87 other UK Property Law Specialists are ready to help you
Ask your own question now
Ask Joshua Your Own Question
Joshua
Joshua
Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 26,070
26,070 Satisfied Customers
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice

Joshua is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

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!

RickLeeds, 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. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

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!!!!

AlexLos 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.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Aston Lawyer

Aston Lawyer

Property Solicitor

1,736 satisfied customers

LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law

Thomas

Thomas

Lawyer

1,336 satisfied customers

BA (Hons), PgDip, Practising Solicitor

Clare

Clare

Solicitor

1,324 satisfied customers

25 years exeperience

INC

INC

Solicitor-Advocate

812 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Alex J.

Alex J.

Law

447 satisfied customers

LPC, 2 Years Conveyancing

Buachaill

Buachaill

Barrister

282 satisfied customers

Barrister 17 years experience

Matt J

Matt J

Solicitor

216 satisfied customers

LLB(HONS)

< Previous | Next >

Related UK Property Law Questions
I just need to kmow if there is any charges on my property.
I just need to kmow if there is any charges on my property. … read more
propertylawyer
propertylawyer
Llm
258 satisfied customers
Second opinion please have a question- would those on help
Second opinion please have a question- would those on help to buy scheme and Mortgage loan be able to do Airbnb Abdullah have a lodger? My neighbor is harassing me - he does not like the idea of traff… read more
ivorylounge
ivorylounge
Bachelor\u0027s Degree
38 satisfied customers
I have a question- would those on help to buy scheme and
Hi I have a question- would those on help to buy scheme and Mortgage loan be able to do Airbnb… read more
Michael Bradley
Michael Bradley
JD
1,191 satisfied customers
Myself and my girlfriend are having trouble with our
Hi, myself and my girlfriend are having trouble with our landlords who I would describe as 'Rogue Landlords'. My girlfriend has lived in the property for seven years and I moved in six years ago to be… read more
Jamie-Law
Jamie-Law
5,329 satisfied customers
We have a where we meet and hire out to the public much of
We have a hall where we meet and hire out to the public much of the time. There is an area of unregistered land at the back where both we and selected customers (usually the organiser &/or caterer) pa… read more
F E Smith
F E Smith
Bachelor\u0027s Degree
2,183 satisfied customers
I already have planning permission to build two houses in my
I already have planning permission to build two houses in my garden together with one house in my neighbours garden to make 3 houses. An amount has been verbally agreed with my neighbour for the value of their garden. I would now like them to enter into an Option Agreement with me prior to marketing the plot to developers. Would I be exposing myself to Capital Gains tax by entering into an Option Agreement with them? … read more
Damien Bosco
Damien Bosco
3,370 satisfied customers
A scheduled of leases in a property title Document lists 7
Hello A scheduled of leases in a property title Document lists 7 leases. 6 if the leases Have the words ‘part of, next to them, the 7th lease doesn't. Why is the 7th lease different and what does this… read more
Michael Holly
Michael Holly
Bachelor\u0027s Degree
6,663 satisfied customers
I am a leaseholder and installed a new boiler replacing old
I am a leaseholder and installed a new boiler replacing old gas fire with an electric fire and putting a new combi boiler in the kitchen and removing the large water tank in the storage cupboard - the… read more
Michael Holly
Michael Holly
Bachelor\u0027s Degree
6,663 satisfied customers
I own a studio flat and looking to sell, Ive renewed the
Hi I own a studio flat and looking to sell, Ive renewed the lease after a painful and costly dragged out court process.I have the property on the market and the freeholder has made a low offer for var… read more
F E Smith
F E Smith
Bachelor\u0027s Degree
2,183 satisfied customers
My mother passed away in September 2017. She left half her
Hi , my mother passed away in September 2017 . She left half her house to me in her will . My father is still alive and we are all currently living in the house . I am Exeter of the will . My question… read more
F E Smith
F E Smith
Bachelor\u0027s Degree
2,183 satisfied customers
I am currently looking at how to split property between me
Hello. I am currently looking at how to split property between me and my partner fairly. … read more
Clare
Clare
Solicitor
Bachelor's Degree
1,324 satisfied customers
Our builders have issued a court order and we need legal
Our builders have issued a court order and we need legal advice or solicitor to represent ourselves … read more
Jamie-Law
Jamie-Law
5,329 satisfied customers
My Daughter's Stepfather had a property company managed by
My Daughter's Stepfather had a property company managed by his son. 3/4 years ago the son sued his father for 1 million pounds that he said he was owed. A long court ensued which incredibly was won by… read more
frantzgregory
frantzgregory
669 satisfied customers
I am sole tenant on an HSBC mortgage and deeds to a new
I am sole tenant on an HSBC mortgage and deeds to a new purchase but would like my partner to have an equity share but without the mortgage liability. Can this be done this through a declaration of tr… read more
Buachaill
Buachaill
Barrister
Master's Degree
282 satisfied customers
I am a UK taxpayer. I plan to provide 150000 to a Brazilian
I am a UK taxpayer. I plan to provide £150000 to a Brazilian company for a small property development.The investment is repayable within 12 months at £150000 +20% or £150000+ 45% of the profit whichev… read more
Sarah G
Sarah G
Consultant tax lawyer
Master\u0027s Degree
36 satisfied customers
I currently have 1 property as a buy to let and a second property
I currently have 1 property as a buy to let and a second property with a standard mortgage. I am in a position to buy a third property and would like advice on what tax structurewould best suit these … read more
Andrew Baker(baktax)
Andrew Baker(baktax)
Self employed tax consultant
High School or GED
756 satisfied customers
My mother died in May and I have inherited 1/4 of the house,
My mother died in May and I have inherited 1/4 of the house, 1/4 my brother, 1/4 my other brother 1/4 my sister. My brother and sister want to stay in my mum's house. My brother has offered me his hou… read more
TonyTax
TonyTax
Tax Consultant
High School or GED
8,887 satisfied customers
Do you know if there is a way to change a property title
Do you know if there is a way to change a property title deed to reflect a specific percentage each joint party owns … read more
Nick H
Nick H
LLB
123 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x