Ending tenancy early - due to problem with landlord & Neighbour

Hollypop_2

Thank you all for your advise - I do understand the landlord has been good enough to let us give 2 months notice now instead of waiting it out - i honestly think he had no choice because of how much we were calling him about it all.
I have contemplated about seeing a solicitor as there is no way we could carry on living there till May.
Yes we are lucky to now at least get out 2 months early.

However now as the situation stands - how do we go about LIVING there for 2 more months (we cant afford to rent 2 properties at once)

Im going to call the council again at lunch time today to find out what the next stage is also. As it has gone beyond a joke now.

Voyager2002

Are you sure that you contract obliges you to give two months' notice? Unless the law has changed relatively recently, the notice period that a tenant is obliged to give is ONE month (commencing on or before the date on which rent is payable). It is the landlord who is obliged to give two months.

You are entitled to the "quiet enjoyment" of your property, and if the matter ever came to court (unlikely in my opinion) you could argue that the landlord was in breach of contract because of the noise problem.

BitterAndTwisted

A solicitor cannot help you and it would be a waste of your money. People on this forum have explained your legal position very clearly.

Buy some decent earplugs to deaden as much of the racket at night as possible. And get your surrender letter from the landlord

mmummy21

Phone the police each time the noise starts. Also ring the Noise Enforcement team at the council and report to your landlord each and every time. Keep a diary. Get a letter from your Dr saying it's affecting your health and copy it to the landlord and the noise enforcement team.

Buy wax earplugs for sleeping.

BitterAndTwisted

Voyager2002 wrote: »

Are you sure that you contract obliges you to give two months' notice? Unless the law has changed relatively recently, the notice period that a tenant is obliged to give is ONE month (commencing on or before the date on which rent is payable). It is the landlord who is obliged to give two months.

You are entitled to the "quiet enjoyment" of your property, and if the matter ever came to court (unlikely in my opinion) you could argue that the landlord was in breach of contract because of the noise problem.

This tenant is still in their fixed-term. This does not entitle them to give notice before the contract expires.

You have misunderstood the meaning of "quiet enjoyment" in a tenancy. It does not relate to a tenant being able to live in their rented property without a noise-nuisance caused by their neighbours! It means something else entirely. Something which is not relevant here.

AFK_Matrix

Voyager2002 wrote: »

Are you sure that you contract obliges you to give two months' notice? Unless the law has changed relatively recently, the notice period that a tenant is obliged to give is ONE month (commencing on or before the date on which rent is payable). It is the landlord who is obliged to give two months.

You are entitled to the "quiet enjoyment" of your property, and if the matter ever came to court (unlikely in my opinion) you could argue that the landlord was in breach of contract because of the noise problem.

Yes that is normally true when you are in a Perodic Tenancy. But the OP is still with in their AST so the 2 months notice is what the LL is asking for to end the AST early. He could as others have said point blank refused to end the AST early and make them pay till May. As it is he is kindly letting them go in March with no costs involved in him getting new tenants which he could have asked for. Sounds a good deal to me.

As for the noise its earplugs, go to a B&B etc for the nights or see if one of your friends can put you up.

EDIT: Hey just as a question to you more knowledgeable people. Could the OP pay the 2 months rent now and then thus move out? Put the money on the CC if their really desperate. Or do you have to actually pay the 2 lots of rent when they are due?

rentergirl

The landlord will have made the problem tenant sign an agreement which usually states that behaviour must be 'good' ie not anti-social. This is complex, but: (1) the landlord should and must tackle this (2) so must the council (3) I would write letters, copying in all people concerned (the tenant might no realise the problems she is causing). Take recordings of the noise, and keep a noise diary. If it is that bad, I would be careful about leaving, but leaving and saying to your landlord: go after me for the rent and stating your (noted, backed up, diaried etc) reasons is still an option. It's a nightmare. Oh - and earplugs? good call.

poppysarah

Hollypop wrote: »

I have contemplated about seeing a solicitor as there is no way we could carry on living there till May.
Im going to call the council again at lunch time today to find out what the next stage is also. As it has gone beyond a joke now.

Ring your local councillor.

(local elections are in May I think so early part of the year is always handy for catching them in a helpful mood)

BitterAndTwisted

AFK_Matrix wrote: »

EDIT: Hey just as a question to you more knowledgeable people. Could the OP pay the 2 months rent now and then thus move out? Put the money on the CC if their really desperate. Or do you have to actually pay the 2 lots of rent when they are due?

All landlords will accept payment of rent in advance. The only possible issue with your plan is whether the landlord has the ability to accept payment by credit-card. Unless they h ave an office, like a letting-agent they will usually not.

I would not countenance doing this unless I had the landlord's signed agreement to surrender letter in my hand.

AFK_Matrix

BitterAndTwisted wrote: »

All landlords will accept payment of rent in advance. The only possible issue with your plan is whether the landlord has the ability to accept payment by credit-card. Unless they h ave an office, like a letting-agent they will usually not.

I would not countenance doing this unless I had the landlord's signed agreement to surrender letter in my hand.

Thanks B&T. Yeah didn't think about the CC bit, another option is if they have an overdraft and use that instead.

Oh and I meant if they get the signed agreement then paying the rent early and then thus being able to move on and rent elsewhere.