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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi there, We have recently moved into a new rented property.

Resolved Question:

Hi there,

We have recently moved into a new rented property.
When we were viewing the house the person from estate agency advised us, that the previous tenant had moved out before his tenancy agreement end, because they had a conflict with neighbor next door. But they didn't want to give us any details what kind of problem it was.

We had moved in with two small kids. And now I can see out that the neighbor is very loud he shout on his family members very often, and I discovered yesterday he has a drinking problem and that the reason he behave this way. I spoke to previous tenant today, and he said they had a serious problem with that neighbor, as he often shouted at them, sweared, and was very aggressive, to that point that they had to call police few times.
Now I'm a really worry about safety of my children.
The neighbor so far is nice to us, but I can hear him shouting every single day.

My question is, if the agency shouldn't tell us what the real problem was? Especially if they known we are moving with small children?
Our contract stay that point that we are aware about previous' tenant conflict with the neighbor.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Did you not ask for more information please?

Customer:

We asked the agancy what the problem was but they said they didn't know.

Customer:

Can we end our contract earlier on the base that information had been hidden from us?

Alex Watts :

Is there a problem at the moment please?

Customer:

So far I can hear the shouting at the family members so loud I have to close windows and doors, but to us he is nice so far. But I don't want to wait until we will start to shout at my family members, or when we will not like when the baby cry or older child screens or laugh to loud.

Customer:

Is is ok that this information had been hidden from us?

Alex Watts :

Did they know about this when you asked what the problems were?

Customer:

The estate agent said only that they had some conflict but they didn't know the reason. they didn't say anything that he is an alcoholic, or anything that the police was involved in this situation. SO basically we didn't know what nature was the problem, and that aggression from the neighbour was involved too.

Alex Watts :

But did the tenant previously say they had reported it to the agent please?

Alex Watts :

I am just trying to establish whether or not the agents knew

Customer:

He said that they know it, that's way they allowed him to ended his contract earlier and moved out, also the landlord know too as he said he came few times to the property when they had arguments with the neighbour

Alex Watts :

Ok - if they knew about it and failed to declare it then this is a material breach of the contract

Alex Watts :

That means you can end it early without notice.

Alex Watts :

However you must act quickly - as it is a material breach the longer you leave it, the more likely the agents will say you did nothing about it and therefore accept it

Alex Watts :

Therefore if you are going to end the contract because of a material breach you need to do it soon

Alex Watts :

But if the agents knew and when you asked about it, they failed to declare it, it is a material breach and you can end the contract

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

BUt what if they said they didn't know and I know they knew because the previous tenant said to me?

Alex Watts :

Then you can end it and if they try and take you to Court for the money due, the tenant can give evidence to say they did tell the agent.

Customer:

ok, thank you

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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