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Newly rented accommodation - dangerous neighbours

I have recently started renting a flat and have not been able to spend one night there because of the disruption coming from a neighbour including noise, intimidating behaviour, volatile drunk individuals shouting, swearing, staggering around the common areas including the entrance to the building, Unprovoked personal threats of violence/death, eg “I’ll smash your head in” and “I’m going to kill you” came about on the day that I moved in – apparently I was making too much noise (I’d only been there for about half an hour and wasn’t making any noise except for general moving in noises!) .
The police, landlord and letting agency have been informed and in the interest of my personal safety I moved out the following day taking all my belongings as I regard it as uninhabitable for myself - and anybody else whilst that current neighbour is resident.
My problem is that the landlord insists that I either continue paying the rent for the contracted period of 6 months or that I pay for the re-letting expense of the property and any rent up until the property is re-let or he says he is happy to take me to court to enforce the contract/tenancy agreement!
Have I not got the right to terminate a tenancy agreement on the grounds of being too terrified to be there? Is it possible to end the tenancy agreement on the grounds of it being an uninhabitable property? I’m not certain the landlord had prior knowledge of the problem neighbour ( he says he has none) but I know that there have been problems in and around this block of flats as the police have invited residents by letter (found in the flat when I moved in) to report any antisocial or criminal behavior so they can convict and evict offenders.
I would appreciate any advice on whether I can terminate my tenancy agreement early in these circumstances. Or does anybody have any advice on whether I am likely to succeed in terminating the contract early if it goes to court.
Thank you very much for any help.

Comments

  • marliepanda
    marliepanda Posts: 7,186 Forumite
    This is my worst worst nightmare. :(

    I don't think you do have any recourse though. I would probably just look at paying the relet fee.

    Maybe someone can come in and answer whether a LL has a duty to report any neighbour issues they have been made aware of. If the police were coming around to my neighbours I would make sure to let the LL know. It seems insanely unfair for you to go into this horror of a place blind...
  • RobertoMoir
    RobertoMoir Posts: 3,458
    First Anniversary Combo Breaker
    Forumite
    As far as I know, the LL holds the cards in the case you've described. An AST (which is what you have) is binding on both parties
    If you don't stand for something, you'll fall for anything
  • casualwalks
    casualwalks Posts: 188
    First Anniversary First Post Combo Breaker
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    Rainb wrote: »
    .

    Have I not got the right to terminate a tenancy agreement on the grounds of being too terrified to be there?

    No. Unfortunately you do not. You signed a legally binding contract with the landlord, he has a right to hold you to it. Neighbours are not something your landlord can control.

    You are doing the right thing by alerting the police to the incidents.

    If the landlord is offering you a way out by paying to re-let, I'd take it.
  • Kynthia
    Kynthia Posts: 5,665
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    No. Unfortunately you do not. You signed a legally binding contract with the landlord, he has a right to hold you to it. Neighbours are not something your landlord can control.

    You are doing the right thing by alerting the police to the incidents.

    If the landlord is offering you a way out by paying to re-let, I'd take it.

    I agree with this completely. You've signed a legally binding contract and the landlord isn't responsible for the neighbour's actions. He doesn't have to let you out of the contract but if he's willing to do this for a price then you should really think about it.
    Don't listen to me, I'm no expert!
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