Assured Shorthold Tenacy - Tenants Notice

richessex

Hi

Can anyone advise on the following

I currently rent a flat, and have been for the last five and a half years, signing a new tenancy every six months.

Was quite happy until two months ago a new tenant moved in downstairs(teenage boy on DSS Nice)

Well basically he is making everyone's life hell and the management agent despite saying they would contact the owner and sort things out, the situation has not improved.

I have today decided that i wish to move (don't really want to as was quite happy living here) as i don't see why my weekends and evenings should be disturbed by some idiot who thinks he lives in a youth club.

My tenancy was due to be signed on 8th May and i held back on signing the new one until last week when it was possible for me to attend the letting agents and sign for six months.

I feel bad letting the landlady down as she has been good even though all contact is through the letting agent and i suppose she will not be happy losing a good tenant of nearly six years.

My question is If i decide to move what notice period do i have to give?

Are there any other options/avenues i can go down

Thanks

PasturesNew

If you signed a new AST then you're bound by the terms of that ... so another six months.

The only way out is to negotiate with the landlard and get their "permission" to leave early. You'd can also expect them to ask you to cover their costs to replace you (e.g. agent fees/advertising).

You shouldn't have signed it, if you hadn't, you could have given a month's notice, which would have meant a get out date of 7th July.

richessex

Thanks

Not the news i was hoping to hear but thanks anyway

Fire_Fox

Is this a noise issue? Are you keeping a diary of events? Have you contacted Environmental Health? Have you put your concerns into writing to your letting agent, landlord (you should be supplied their address) and the tenants landlord?

sooz

speak to the council as firefox says. EH, specifically the noise & nuisance team, will help you.
also, don't just contact the managing agent. Write to them, the boy's LL & copy in EH. Get everyone in the building to do the same.

richessex

Thanks for the replies

I have today again phoned the managing agents and advised them of the problems and he has said he will contact the landlady of the flat with the concerns

I cannot make any contact with the landlord of the other flat as i dont know who the letting agents are. the managing agents knows the owners details but he of course cannot pass on that information.

I actually work for the local Council so know a few people in EH but i think i would have difficulty in getting them to visit as the noise is very sporadic and i can never confirm when its going to be.
I have been keeping a diary but all i can do with that is forward it onto the managing agents who look after the block What they then do with with it is out of my hands.
I appear to be the only one who wants to do anything about it but then i suppose i am the most affected as i live above him.

The managing agent keeps saying he should not be living there anyway as DSS tenants invalidate the buildings insurance or something but the owner of the noisy flat just appears to be doing nothing.

I today went to look at another flat which was quite nice but the moving costs (extra deposit,rent up front etc) are very high but i suppose if thats what it costs then i shall have to pay it.

I questioned the chap who showed me around about the situation with my current landlord and he seemed to think that i would be liable for the rent on my old property until a new tenant was found which could prove very costly.

Currently one of our legal reps is looking at my tenancy agreement to see what the conditions are re leaving early.

Just wish i could speak to the landlady direct and explain the situation and hopefully come to a mutual agreement but alas i dont think that will happen I suppose i could leave my number with the letting agency and ask them to pass it on to her for her to ring me.

sooz

richessex wrote: »

Thanks for the replies

I have today again phoned the managing agents and advised them of the problems and he has said he will contact the landlady of the flat with the concerns

I cannot make any contact with the landlord of the other flat as i dont know who the letting agents are. the managing agents knows the owners details but he of course cannot pass on that information.

This is why you must write. Write a letter to the LL, & send it to the tenant. It is his duty to pass on letters to his LL. Send the same letter to the LL care of the managing agents. Send both letters via recorded delivery & keep a copy

I actually work for the local Council so know a few people in EH but i think i would have difficulty in getting them to visit as the noise is very sporadic and i can never confirm when its going to be.

EH noise & nuisance teams work out of hours. This is when they do most of their work . You don't need to guess when the noise is. You call the out of hours number & leave a message each and every time the noise is a nuisance to you. Speak to someone during office hours to register your complaint first, & get a reference number.

I have been keeping a diary but all i can do with that is forward it onto the managing agents who look after the block What they then do with with it is out of my hands.

Your own diary is ok. But it would be better to keep a diary in the format the EH wants you to. Ask for their diary sheets. Submit it to them on a regular basis, & keep copies for yourself.

I appear to be the only one who wants to do anything about it but then i suppose i am the most affected as i live above him.

The managing agent keeps saying he should not be living there anyway as DSS tenants invalidate the buildings insurance or something but the owner of the noisy flat just appears to be doing nothing.

I today went to look at another flat which was quite nice but the moving costs (extra deposit,rent up front etc) are very high but i suppose if thats what it costs then i shall have to pay it.

I questioned the chap who showed me around about the situation with my current landlord and he seemed to think that i would be liable for the rent on my old property until a new tenant was found which could prove very costly.

Currently one of our legal reps is looking at my tenancy agreement to see what the conditions are re leaving early.

Just wish i could speak to the landlady direct and explain the situation and hopefully come to a mutual agreement but alas i dont think that will happen I suppose i could leave my number with the letting agency and ask them to pass it on to her for her to ring me.

If you've signed another 6 month contract, you are bound by the terms for another 6 months, & this would mean paying rent until the end of the contract. Or, you may be able to agree with your LL to find someone to take over the remainder of your contract, but there would still be costs to you. Check your tenancy agreement. For next time, you don't have to sign a new contract every 6 months. You could have allowed your original contract to run, & thereby become periodic. In which case you would only have needed to give one month's notice.

Don't ring the LA. Write to them - recorded delivery, stating the problem. Enclose a letter for them to forward to your LL.

Fire_Fox

I agree with Sooz: write a letter and insist a copy is forwarded to the landlord, and ask for a written response within one month of the action that has been taken. Managing agents are notoriously lazy - they aren't getting paid specifically to deal with complaints of this nature so you must formalise everything. TBH I am not sure why you are dealing with the managing agents as you should be dealing with your landlord and/ or letting agent.

richessex

Thanks for replies

Firefox i'd love to deal with my landlord but have no way of contacting her but through letting agents
Have only today found out from ARLA website that if i request details of landlords name and address legally i am entitled to get it after 21 days..

Problem is the letting and managing agents are both pretty useless feel sorry for the landlord the service she is paying for is pretty bad they do one inspection every three months which lasts on average 45 seconds to a minute and get me to sign a new agreement every six months.

The update is have contacted the letting agent and advised that i wish to leave. they have said they will contact the landlord who will do one of two things.

1) make me stay for the next five months

2) Release me early but there will be costs (which i had expected) but it just seems like the letting agents are filling their pockets with loads of admin fees and the landlord will get sod all.

I t was something like

1/2 months rent £250
£150 re-advertisng fees
£30 deposit return
plus lots of other fees totaling somewhere i'm guessing £500

PLUS I'm still liable for any rent until a new tenant is found

Mentioned this to a few people and they said that can't be right.

The agent of the property i'm interested in moving to says they would only recover re-advertsing fees and the management costs somewhere in the region of 10-12% a month

Am i being had over here Sounds like the landlord will not benefit just the letting agents creaming off loads of admin costs

I expected some costs but to still be liable for the rent sounds harsh

ciano125

You'll get the details of the landlord by doing a search on the land registry website. Will cost you £3 but better than waiting 21 days.

Also, just go downstairs and give the little punk a slap. You'll feel much better. Or, how about this, if he is up all night partying, wait until you're ready to go to work at 7am, put a cd on repeat and turn the speaker to the floor. Perhaps something like Val Doonican's Greatest Hits, or Vera Lynn perhaps. Turn it off when you get home at 5.30pm. He'll love that.

richessex

ciano

great minds think alike

Have managed to get landlord details for both mine and downstairs


What to do now?

Gonaa wait and see what reply i get from my landlord (through the letting agent) tomorrow would like to approach landlord direct and sort things amicably and see her get any monies rather than greedy letting agents.
but dont wanna play too much on the neighbour thing in case she gets worried about re-letting the flat
suppose i could also mention that i've also been offered a job somewhere else and need to move.

As for the music and a clip round the ear trust me its crossed my mind but have decided to go down the proper route and try and sort things properly