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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Hi, Im a landlord and my tenant has decided to hand in his

Resolved Question:

Hi, I'm a landlord and my tenant has decided to hand in his notice due to noisy neighbours. The contract states a 2 month notice period but he is debating this saying that the property is not fit for purpose despite neighbours behaviour being out of my control and it's a terraced property so it's a risk you take when you move in to a terraced flat. Does he had a point to debate the notice period or not please?
Thanks
Ali
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

You're absolutely right. It's not something that you have any control over, and he must be assumed to have accepted the risk of noisy neighbours prior to moving in. The neighbours are not somebody you have direct control over although there is an argument that you could issue proceedings against them at court to prevent them continuing to create a nuisance.

tdlawyer :

The concept of a let being "fir for purpose" is a bit misconceived. That's a term used for the sale of goods, not the letting of property. Of course, there must be an ability to reside in the premises, which there is, but this is not the same was warranting or promising that there will be no noise from neighbours over which you have no direct control without expensive and length court proceedings. Even then, there is no guarantee you would succeed against the neighbours.

Customer:

Many thanks Tony, that was what I expected. I have raised concerns with the owners of the property next door too.

tdlawyer :

How much is the two month's rent?

Customer:

£1180 per month

tdlawyer :

So you would be able to sue online in the small claims court for the rent if you can't find somebody else to take over. You can do it here: www.moneyclaim.gov.uk

tdlawyer :

If you get somebody else in, after say one month, then you can only sue for the one month's rent remaining (as otherwise, you would profit from his breach of contract).

Customer:

Good to know if he doesn't agree to stay and pay the 2 months and I can't get someone in before then, thank you.

tdlawyer :

You're welcome. Is there anything else you would like me to answer for you?

Customer:

Just to clarify - I would be suing the tenant not the neighbour right?

tdlawyer :

For the rent, that's correct, yes.

Customer:

Thank you. That is all, many thanks for clarifying my rights. Is there a way to save this conversation?

tdlawyer :

Once we're finished, I can ask customer services to email it to you?

Customer:

That would be great, yes please

tdlawyer :

Will do. Are you happy with the answer given today?

Customer:

Yes thank you

tdlawyer :

Fab. Have a great day.

Customer:

You to. I look forward to receiving the email with our conversation. Good bye.

tdlawyer :

Bye!

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