Should I sue?!

hannah9000

The barn is based on a farm. There are various commercial amd residential lettings here. All owned by the same landlady. I feel like she's supporting the tenant downstairs and not considering the fact these are everyday noises.

We've agreed mutually that I should leave, which its fine as I don't want to tiptoe around my own home. But I was hoping to recover some costs.

00ec25

hannah9000 wrote: »

We've agreed mutually that I should leave, which its fine as I don't want to tiptoe around my own home.

so you failed to establish what was below you when you viewed. Just as well the farm does not have an early morning milking or that may also have surprised you?

hannah9000 wrote: »

But I was hoping to recover some costs.

your money to spend on court costs, I think you have little chance of success, and risk becoming embroiled in a wider dispute over the remaining 10 months rent if the LL then tries to rescind the "agreed" mutual surrender

eddddy

hannah9000 wrote: »

We've agreed mutually that I should leave, which its fine as I don't want to tiptoe around my own home. But I was hoping to recover some costs.

So the bottom line is that you have to mutually agree with the LL what costs you can recover.

(If the LL refuses to agree to all the costs you are asking for, all you can do is refuse to move out.)

G_M

hannah9000 wrote: »

We've agreed mutually that I should leave, which its fine as I don't want to tiptoe around my own home. But I was hoping to recover some costs.

As explained, that needed/needs to be done as part of the Early Surrender (agreement to leave).

You can't agree to leave and then start demanding extra costs. It is your choice to surrender the tenancy, so if costs are not negotiated as part of that agreement (eg the fence & cooker) on what basis could you sue?

Have you actually

* agreed a precise date to end the tenancy?
* agreed the precise terms of this Early Surrender?
* put this all in writing, and jontly signed?

If not, there may still be scope to do so.

Indeed - beware! Unless you had written consent to erect the fence, or unless the fence is included in the terms of the Early Surrender, the LL could charge you the cost for removing it!

Comms69

And why not just take the cooker? It's your property

hannah9000

00ec25 wrote: »

so you failed to establish what was below you when you viewed. Just as well the farm does not have an early morning milking or that may also have surprised you?

It wasn't my fault the fact there is someone living below me happened to slip both the letting agent and the LL's minds!!!!! The farm has cows and indeed early milking, that's not a problem at all...not sure what you're getting at?!

hannah9000

Thank you for all your replies.

Comms69

The point is though that your neighbourly relationships aren't anything to do with the LL or the agent.


You could rightly ignore all parties and continue to live there as you wish.

parkrunner

happyandcontented wrote: »

I feel that the OP has been unfairly treated. The LL responded to her ad, which stated that she had dogs and a child. Why would she do that when she knew that the tenant in situ would have issues with that?

It's possible of course that the OP's tv, child and dogs are far more noisier than is acceptable. I've lived above/below/next door to many people, some are extremely noisy and some aren't, that's life. The LL didn't know the tenant in situ would have an issue until OP moved in.

G_M

Comms69 wrote: »

You could rightly ignore all parties and continue to live there as you wish.

within reason.

* a child playing is reasonable, unless perhaps they have ADHD or some other specific issue that makes them unnaturally noisy, or they play late a night etc
* dogs that are permitted by the tenancy agreement are reasonable provided their noise is not excessive by the standards of the 'dog on the top deck of a Clapham omnibus' (!) ie an average dog.

If you decide to leave because you don't like the downstairs neighbour and/or their activities, that's your choice, so at your expense.

If the landlord asks you to leave beccause they want to keep the downstairs neighbour happy, that's the LL's choice, so at the LL's expense.

And thse expenses, whatever they are, should be part of the agreement to end the tenancy