Walking away from tenancy agreement

macdaddy_uk

Hey,

On the first of June 08 - I entered a 12mont tenancy agreement with a 6mont break clause, on a recently redecorated 1 bed flat. At my initial viewings and moments before signing my tenancy I asked if the downstairs flat would also be professional let and was told yes its being let to a company. Therefore I was given the impression it would be a company who would then sublet it to its employees. After 3 days of moving in, tenants in the flat below move in and are not professional people but refugee's with two young children placed in housing from the local council.

Im a young professional who needed my own space hence taking up the tenancy and clearly stated I wonted a professional let only. I contacted my landlord to find out what is going on with the non professional tenants that had moved in below. He pointed out he did not tell the letting agents it would be professional let, but instead said a company. He then offered to put in place a trial period and provide extra security to the property in lite of the mix up. Since putting this initial conversation in writing and getting him to honor his offers in writing for my records. He has totally disregarded any mention of trial period and has not sorted the locks.

Since this there have been a number of constant disruptions from these tenants and I have raised these issues with him on a number of occasions and his attempts to resolve the situation are useless.

I have now got the point where I considering to walk away from the tenancy and face the risk of him taking me to court. Only 3/4 weeks into my tenancy and I am having constant problems with the tenants below. I have enough evidence to support my case on the fact that I was misinformed from the beginning regarding the type of let, my emails / letters I have sent him and him not acknowledging receipt, let alone sort the situation. I also have the backing from the Estate agents who he told it would be let to a company and they are unhappy with situation and his attempts at dealing with it.


any thoughts?

thanks in advance

Captain_Mainwaring_2

You would think bloody refugees would be grateful to get a bit of accomodation wouldn't you? To be honest i'd get out now, tell him you want the deposit back and tell him you hold him in breach of the contract and will be looking for substantial damages to seek alternative accomodation.

Whilst of course you cannot necessarily expect "a company let", you have every right to peaceful enjoyment of the property.

I bet that if you bothered the bloody refugees, the LL would be around knocking on your door.
Hang him from his own flagpole - he knew what he was doing.

kunekune

You could, but I'm not sure that you'll get much sympathy when the LL comes after you for the money. I don't think any LL could promise that they would only let to people exactly the same as you. We live in the world together. You seem to think you can be insulated from real life, well sorry, it's not like that. How would you like to be a refugee?

Yes, and I know that if I can't say anything nice, I shouldn't say anything at all, but I can't abide smugness.

Will probably delete this in embarrassment at my early morning grumpiness later!

kunekune

"you have every right to peaceful enjoyment of the property"

Oh dear, here we go again. That just means the LL can't pop in and visit you whenever he/she wishes. It has nothing to do with the LL guaranteeing you'll never hear a raised voice/stereo/car alarm/have someone else knock on your door ..

maninthestreet

What is the issue with the locks that you mention? What 'disturbance' are these people causing you?

JanCee

Before you get into a faceoff with the LL, ask him if he has any other quieter properties that you could tranfer your tenancy to. Its always worth asking because he may have other properties that he wishes to rent out.

If you do decide to leave, citing "noisy refugees" as the reason would not get you very far in court I suspect.

pinkshoes

macdaddy_uk wrote: »

At my initial viewings and moments before signing my tenancy I asked if the downstairs flat would also be professional let and was told yes its being let to a company. Therefore I was given the impression it would be a company who would then sublet it to its employees.

A company could be anything from McDonalds, to someone who lets to refugees... and it would be "professional" in the sense that they are actually a business who make money from finding accommodation for refugees. I suspect the wording of this is rather ambiguous, so be prepared to have to pay for the full 6 months.

In what way are they noisy? Could you call the police, or environmental health?

As someone has already said, "quiet enjoyment" means that your landlord isn't popping round every 5 minutes, and has nothing to do with anything outside the property.

Captain_Mainwaring_2

kunekune wrote: »

You could, but I'm not sure that you'll get much sympathy when the LL comes after you for the money. I don't think any LL could promise that they would only let to people exactly the same as you. We live in the world together. You seem to think you can be insulated from real life, well sorry, it's not like that. How would you like to be a refugee?

Yes, and I know that if I can't say anything nice, I shouldn't say anything at all, but I can't abide smugness.

Will probably delete this in embarrassment at my early morning grumpiness later!

Well, I think I'd be pretty damned grateful that not only had a country let me in , but they were feeding and housing me too.

Sorry mate, but I do not and will not tolerate anyone being unsociable, where ever they come from.

Are you telling me that we have to tolerate trash giving us a hard time? Some of us don't trouble out neighbours, and in return ask for the same simple courtesy.

You'd change the record if they lived next to you.

Captain_Mainwaring_2

pinkshoes wrote: »

A company could be anything from McDonalds, to someone who lets to refugees... and it would be "professional" in the sense that they are actually a business who make money from finding accommodation for refugees. I suspect the wording of this is rather ambiguous, so be prepared to have to pay for the full 6 months.

In what way are they noisy? Could you call the police, or environmental health?

As someone has already said, "quiet enjoyment" means that your landlord isn't popping round every 5 minutes, and has nothing to do with anything outside the property.

Except the landlord owns this property and the offending one - seems he implied a decent standard of tenant.

geri1965_2

I do have trash living next door to me - he's white and a homeowner unfortunately.

I think the fact that these people are refugees is irrelevant to the issue, which is troublesome neighbours.

Captain_Mainwaring_2

geri1965 wrote: »

I do have trash living next door to me - he's white and a homeowner unfortunately.

I think the fact that these people are refugees is irrelevant to the issue, which is troublesome neighbours.

It may well be relevent to those of us to happen to believe that they may actually be grateful for a bit of help. Notwithstanding that, as you say, trash comes in all sorts of different flavours, just a little more unsavoury to have to put up with it from someone who is being subsidized by ones tax etc.