Problems in rented property

flo5

Hi

Daughter rents a house tenancy started end of April 2009 for one year. Since moving in there have been numereous problems with youths hanging around outside at night ( there is a small play area at rear of house) neighbours have frequent as in several times a week parties going onto 2 -3 in the morning.

house is on a busy road and recently a man tried to gain access through the living room window but dog frightened him off.

My daughter has a young baby and is now terrified of being in the house (partner works shifts)

Could they get out of the year agreement? on these grounds and if so how do they go about it.

many thanks

PasturesNew

Rule 1 of house renting: Never have open land/playground/waste land adjoining your house, even if it's just a piece of common grass on the corner just 10' wide because it will attract undesirables.

I caught 8 kids traipsing across my (open plan) garden today, they were looking at the trees at the bottom of my garden to make a den in... luckily I was here and hollered out of the window and they f3cked off.

G_M

Unfortunately the landlord cannot be held responsible for other people next door/outside etc.

And therefore there is no breach of contract on LL's side. The only way to get out of the contract therefore is either if there is a break clause (ie at 6 months) or by agreement with the LL.

Try discussing the problem, and be prepared to offer to contribute to costs of eg re-marketing etc. If the LL can find a replacement tenant without too much cost/difficulty he may well be willing to release your daughter early from the tenancy. Good luck!

mchale

Rule 2 of house renting: before committing to a Tenancy Agree, always call past property at different times to see if any little rats are hanging round

Dont think they wiil be able to vacate early as its not really LL fault, only option would be to see if they could find new tenants to rent the property and then ask LL if they can break the agreement.

Get in touch with local EH office over neighbours having parties.

superfran_uk

None of this is the landlord's fault, therefore the tenancy still stands.

I assume they have already contacted the council environmental health dept and the housing association about the neighbour and the council about the youths?

adg1

Unfortunately for your daughter, the tenancy still is valid - the landlord has not done anything to contravene the agreement. Pastures New is right - never rent near open grounds as it attracts the local hoodies etc.

Does she have a break clause? It will be something like 'either party shall have the option to break this agreement with not more than xx notice, given in writing...' and be at 6 months or later on. If she has no break clause in the agreement then she can go along the lines of tenant replacing.

Basically she can get the landlord to remarket the property. She will probably have to cover the landlords costs of finding a new tenant if she goes down this line, though this will be less than paying off the rent for a year. If the property was rented through an Estate Agent then they may well have a tenancy team that could help. I have replaced the tenant on a couple of contracts with others that the current tenants have founthemselves. They will then be referenced and processed by the EA or landlord as normal and a nominal fee (for referencing/contracts) may be applicable.

This could well be the cheapest option as you don't involve the EA and their associated marketing costs. You just have to be careful as to who you bring forward as they will be referenced as normal.

Good luck!

flo5

Thanks everyone it is as l thought but just wanted to confirm my views.

Comments much appreciated

clutton_2

what would you and your daughter feel if after just over 3 months the landlord told you to leave - you would be down to CAB like a shot .......

you have signed a legally binding contract

Debt

I know that they have signed a contract, but can't they just move out and let the LL keep the deposit? I know others who have been forced to move in the past and just taken this option and gone.

Also there is probably a clause in the contract which entitles the tenants to 'Quiet enjoyment of the property'. If the neighbours are making a continuous racket and preventing this then it is the LL's problem to sort out.

HTH

superfran_uk

Debt - That is terrible advice!

Quiet enjoyment refers to the fact that they will be allowed to treat the property as their home without the landlord bugging them/telling them how to live/popping round unannounced, you have translated it far too literally. It is not the landlord's problem, it is the daughter's problem.

They could just up sticks and leave but the landlord would be well within his rights to chase for unpaid rent and they could end up with CCJs against their names.

Debt

In that case they are going to have to confront the neighbours next door and the chavs in the garden since there is no way out of their current situation.

I hope everyone is friendly and agreeable!