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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Can my landlady legally pursuit me

Resolved Question:

Can my landlady legally pursuit me to get this one month rent from me or can I leave this house immediately in this exceptional circumstances?


 


I have reported my neighbour to the city council for loud music going all days and nights for several weeks. I have been living on my own only with my children, 5 and 9 years old. The city council officers came and witnessed the loud music. The city council sent a letter to my neighbour which made him really angry and in the middle of the night he started shouting and verbally abusing me and then also threating me to kill me. I called police as I and my kids got really scared. When the police came he left the house. The police left and he came back, this time he was banging with a baseball bat on the wall and also on the front door swearing at me and threating me and my kids by killing us. I have record all this threating by the way. Kids were crying and I could not believe it was happening to me. I rung the police again. The police came but again he had gone. Police took a statement from me and and hour after they came back and break into his house. All night without sleep and just full of worries about my kids and my safety. All this happened 7 days ago. We have been sleeping in my sister house as we don't feel safe in the old house. I have started searching for new house and found one. I said my landlady what's happened and that I want to move asap as we are not safe in the house. We have got a crime number from the police. My landlady said that I have to give her a month notice. That would mean for me to pay her and also to pay for the new house. I won't go back. The place is not safe. Can my landlady legally pursuit me to get this one month rent from me or can I leave this house immediately in this exceptional circumstances?

Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

Do you have as signed contract please?

Alex Watts :

If so what does it say about termination?

Customer:

I think the signed contract expired already and we never renew it in written. I don't remember from top of my head about the termination. I have got the contract at the house but now I am in my sister's house. I will go back to the house in the morning to find the contract and check what it says.

Alex Watts :

Its bad news I I am afraid.

Alex Watts :

Its not your Landlords fault.

Alex Watts :

This means sadly you do have to give 1 months notice/.

Alex Watts :

Of course if you give notice you could also rent somewhere else

Alex Watts :

But sadly you are on a periodic tenancy and have to give a month

Alex Watts :

I am sorry if this is not the answer you are after and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

But try the landlord again and explain the situation and how it is affecting you personally. The Landlord may release you

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

When I was going to rent this house and I asked this landlady if the neighbours are ok, she said yes they are fine. But when I told her about this problem I just had she said, again? So when I asked her what she means by this answer again she said that there was a problem with him already before. So she hide this fact. Would not this made the contract invalid as she new about the previous problems and she lied me? I would never rent the house if i knew there were already this kind of problems.

Alex Watts : If you can prove the conversation you could get out of paying a month.
Alex Watts : Otherwise if you can not prove you had this conversation then you may have to pay
Alex Watts : Does that clarify the position?
Customer:

Hi. Thanks for your above answer. I just want to confirm what my Assured Shorthold Tenancy Agreement says. This contract was signed for term of 6 months by my exhusband on 11th February 2008.

Customer:

I then signed a new contract on my name where the start date was 10/12/2011 and end date was 9/12/2012

Customer:

I can't find anything about termination.

Alex Watts : Yes.
Alex Watts : in that case you can cancel
Alex Watts : Can I clarify anything else?
Customer:

Just want to check, if there is not anything about the termination But sadly you are on a periodic tenancy and have to give a month

Customer:

Sorry, just wanted to check if there is not anything about the termination then am I not anymore on a periodic tenancy? My contract is signed for the period from 10/12/2011 and end date is 9/12/2012.

Alex Watts :

Periodic you have a monthly tenancy. You have to give a month.

Alex Watts :

But for the reasons I have previously given then yes, you can cancel.

Alex Watts :

The Landlord knew there were neighbour problems and did not disclose it

Alex Watts :

Does that clarify?

Customer:

Sorry for late reply. Just been busy all day with the police as my neigborough slashed me 4 tyres. Thank you for your help anyway. It does clarify.

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