Hi. Thank you for your question. My name is XXXXX XXXXX I will try to help with this.
Thanks Jo I look forward to the answer.
Yes it is a large property converted into 2 flats. We occupy downstairs and she has tenants upstairs. she finished converting upstairs as we moved in and put a kitchen above my bedroom. No sound proofing was put in but I have been told by the Council that it falls outside the regulations since the actual split up was done before the regulations came in.
The first option would be to remain although her behaviour has been despicable. she also said that she will evict me because I do not know how to shut up and mind my own business about upstairs noise nuisance, anti social behaviour and the fact that he is not suppose to be living there under HB requirements. I don't believe that this option will be available since she has threatened to serve me with notice saying that she will move in herself to get rid of me. Which I know is rubbish but she will use it as a ground for eviction. But I want to withhold rent if possible since it could give me some form of leverage.
If she goes ahead with the threat and evicts me I would like to get compensation for lack of quiet enjoyment and withhold rent until the matter is resolved. She is probably waiting for this months rent which is due in a few days before she issues me with the notice.
Is it possible to get an injunction against her since I was visibly shaken by what she did and it seemed to make her feel powerful to want to come back again for another session of banging the door and screaming abuse. She is from up North and may repeat this again this week end. It was a scare tactic and I know legislation is supposed to protect from heavies threatening tenants. But does the law protect in practice if a landlord is determined to behave in this manner.
I look forward to your reply.
Yes it has.
Sorry, it expired on May 2013 and is now on monthly periodic with 2 months from the landlord end.
Can I withhold rent due to the problems and can I obtain an injunction against her to prevent her from intimidating me.
Thank you for your reply and it confirmed what I thought but it was very helpful. Please can you let me know, in the worst case scenario if I withhold rent can there be accelerated proceedings against me ie can the 2 month notice period be reduced.
Thanks. If section 21 is pursued. what is the impact of accelerated proceeding?