Surrendering tennancy Agreement

tam2oo5

Hello, im looking for any legal advice regarding surrendering our tennancy agreement, We have neighbours that are causing real problems for us. To the stage that i would consider it unhabitable. Is their anyway we could get out our agreement because our landlord cant do anything

To give you a fair idea, the building is a block of about 44 flats all owned by the one company. Their employed landlord/estate agent is the person who deals with this all, we have filed so many complaints and now i think there is not much more we can do. The cars and the property are also at danger staying here...

Can you help?

clutton_2

you have presumably signed a tenancy agreement known as an AST (Assured Shorthold TEnancy agreement ) ? If so then you have signed a legally binding contract to pay the rent for the full fixed term and even if you do not live there you remain legally liable. Even if you have no formal written agreement you still have a legally binding tenancy - but a court would have to decide what the period was...

your landlord does not have to allow you to leave early - so if you want to ask him for help you need to be polite and cooperative as he does not have to help...


if he agrees - then legally you will be responsible for paying the rent until he finds another suitable tenant and you will also have to pay all his advertising / marketing fees and agency fees if he uses an agency to find a tenant....

when did you move in and how long is the agreement. ?

tam2oo5

the agreement was 6 months, i just paid my 5th month on 9th of Feb. So i would be happy for her to keep the rent money that would cover us to the 9th of March. The agreement ends on the 9th of April so it not really much to ask. She knows what they are like and understands what we are saying. Last night the threw paint all over our veranda windows and were discussing kicking the door in about 3:30 am. Called the police who just said keep the noise down... usual....

Fire_Fox

Use the relevant agencies: make statements to the police (criminal damage or threats), Environmental Health (noise or unsanitary conditions) and the antisocial behaviour unit at your local council.

tam2oo5

I know iv done the above but it will be weeks before they leave, my girlfriend is too threatened to stay in the house her self its mainly a girl who is the problem. She is refusing to stay in the flat and will not budge so im here myself at the minute as iv no where else to go..

So we cant stay here and thats really the bottomline, When they leave they would probably come back and smash the car/windows ect...

Fire_Fox

Tam2oo5 why have you started a new thread, when the last one is only two days old? You have given every indication that your complaints have been to the landlord and not to the relevant authorities, and you've previously said this person has been served with 28 days notice.
http://forums.moneysavingexpert.com/showthread.html?t=2261683

BitterAndTwisted

This what I advised you in your other thread about this horrible neighbour. It was true and correct then and it is still true now and correct now. You cannot depend on your landlord to resolve this so you are wasting your time communicating with them

"A neighbour's anti-social behaviour is not your landlord's responsibility unfortunately. This is the province of your local authority's Anti-Social Behaviour Unit and most LA's have them, I understand and they are not necessarily solely concerned with LA tenants.

It looks like your landlord is sensibly taking steps to ensure they leave at the end of their tenancy so if you're lucky this might be resolved satisfactorily quite soon.

You can only get out of your current rental property early under certain very specific circumstances and this depends upon the kind of tenancy you have with your landlord."

tam2oo5

The reason i am reposting this is because more trouble started last night where they damaged the property and were threatening to kick the door in. In the last thread i was asking if there was anyway of speeding up the process to get them out.. Now im saying that I will leave and i am just asking if this would be possible.

clutton_2

there is no fast way to get rid of anyone in any sort of property these days

do what you have been recommended to... good luck

tam2oo5

Will try approaching her nicely tomorrow to see if we can mutually end the agreement, failing that i will have to get my belongings and leave and kiss the deposit good bye...

what would be the repocussions?

BitterAndTwisted

The repercussions of quitting the property before the landlord has an opportunity to check that all is in order and in exactly in the same condition as at the start of the tenancy is that deductions could be made from your deposit which are not correct. Did you see and sign an inventory at the start? Naturally, if you do not get your landlord's tacit agreement IN WRITING to end the tenancy early and then you don't pay the rent until the end of the term is that you risk all of the deposit and being taken to the small claims court for any balance of rent due.