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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Rented a property and were told that social housing tenants

Resolved Question:

Rented a property and were told that social housing tenants lived above us. Moved in and have had constant noise and aggressive young men who live upstairs. Don't want to ask police or others as we feel we will be harassed. Feel like we were not told the whole story. As we have moved from Europe we had to do a 9 month contract with a break clause so that we leave as the landlord want to come back. What do we do?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hi, thank you for your question. My name isXXXXX will answer this.

Customer:

OK thank you

tdlawyer :

Unfortunately, there is no law in England that requires a landlord to disclose the nature of the surrounding neighbours/tenants.

tdlawyer :

However, if you ask questions, about the nature of the neighbours, and the landlord/agent chooses to respond, then they must be accurate about the information that they give.

tdlawyer :

Had you have asked questions initially, about social housing tenants, and you were told that there were no such tenants, then you would have been able to end the agreement and walk away.

tdlawyer :

If that is not the case, and I regret to say, you are unlikely to be able to simply on the agreement and walk away for this reason.

tdlawyer :

If you do have a break clause, you may be able to give notice and leave the premises sooner than you otherwise might be entitled to.

Customer:

So if I asked if they were noisy or not and no one said anything .. that does not constitute anything

tdlawyer :

Unfortunately not, no. It is only if they answer specifically, and then getting wrong, that you are likely to be able to challenge that.

Customer:

Generally in a situation like this what can I do?

tdlawyer :

It's all about asking questions. You need to ask whether the previous individuals have made any complaints, and if so, what for/why. Additionally, it can be useful to knock on your neighbours' doors and tell them you're thinking of moving in, and see whether they can offer any useful information about the area. That way, you get a good idea as to your type of neighbour.

Customer:

So next time! This time we are basically stuck!

tdlawyer :

I suppose this time, it is about keeping your head down, and trying to move as quickly as you possibly can.

tdlawyer :

Incidentally, if you did move in breach of the agreement, the most you would be in breach the landlord is under obligation to attempt to fill the premises again.

Customer:

Would writing to the social property company help?

tdlawyer :

If the landlord did that, straightaway, then he would not sustain any financial loss. If he suffers no financial loss, there can be no financial claim against you.

tdlawyer :

In all honesty, it would probably not help, but there is absolutely no reason you should not do this. I suppose some property companies would be more active at stamping out unsociable behaviour than others.

Customer:

OK thank you very much.

tdlawyer :

You're more than welcome. Are you happy with the service this evening? Is there anything more I can answer for you?

Customer:

Yes very happy with the service. Nothing comes to mind over the music I can hear at the moment! :)

tdlawyer :

Eeeek...... I thought you meant my music for a moment then! :) Thank you and I hope you manage to move quickly!

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