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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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My husband and I have rented a property, we have been living

Resolved Question:

My husband and I have rented a property, we have been living in it since April, there is a dispute going on with some of the neighbours with the landlord regarding parking at the top of the lane away from the rented property, but when the landlord sent the letter to the other residents they decided to use the address we are renting of them and now the neighbours think it is my husband and I have sent this letter, we knew nothing about the letter being sent, but this has stopped on neighbour trying to get into our home on Wednesday last threatening my daughter when she comes to see us, we have now got the police involved and we have asked our landlord to let us out of the contract we signed to live in the house for six months as we are now caught in the crossfire of this dispute, land lord did not inform of their dispute with the other neighbours till we moved in and stated it was all going their solicitors and we would not be involved. Is there anything we can do?
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.

tdlawyer :

Hello, thank you for your question. My name is ***** ***** I can help with this.

tdlawyer :

Did you ask the landlord about any disputes before you rented the property?

Customer:

no she only told us about it once we had moved in and only in passing, the letting agent said it was a nice quiet spot to live in

tdlawyer :

Okay. But it sounds like you feel that she may have misled you about the tranquillity in the area, when it was far from that, given the disputes that existed. Is that fair?

Customer:

I dont think so we have ask her to surrender the contract but she seems reluctant to do this

tdlawyer :

Okay. If you take the view you would not have been misled, then I'm afraid there is very little you are likely to be able to do about the neighbour issues against the landlord.

tdlawyer :

You may be able to claim your neighbours are harassing you.

tdlawyer :

This would very much be an issue between you and the neighbour concerned.

tdlawyer :

This is something that the police could become involved with, as I see you have got the police involved, as harassment is also now a criminal offence.

tdlawyer :

Additionally, you could apply to the County Court for injunction to prevent your neighbours from harassing you. If they continued to harass you, after the court granted an order requiring them to stop, then they would face contempt proceedings. That could see them arrested and imprisoned.

tdlawyer :

If you try to accept the contract earlier, the landlord is likely (or at least possible) going to look to sue you for the outstanding rental income.

tdlawyer :

However, you would only be liable to pay the remaining part of the six-month term, if it was no longer possible to find another tenant that went into the property and paid the rent instead.

tdlawyer :

If you can find another tenant to go into the property now, paying the same you pay, then you know you could walk away without any real risk of liability. That is because the new tenant would be paying the money that you were paying, and therefore the landlord has suffered no financial loss.

Customer:

Sorry I do think we have been treated unfairly, we feel she or the letting agents should have informed us of any disputes that were going on when we moved in she then told us about the parking issues at the end of the lane and told us the neighbours concerned had caused trouble with the last tennant and their were issues with the builders when she was renovating the property, and the fact that she has used this address on the letter sent from her solictors knowing that the neighbours concerned did not know our names or hers.

tdlawyer :

I appreciate what you're saying, and don't disagree with you.

tdlawyer :

However, you have to consider what the legal position is. Legally, the landlord is under no obligation to disclose disputes to you, unless you ask about them. That is why I asked you at the outset whether you had enquired about disputes, or whether you felt you had been misled.

Customer:

Given the situation and the fact that we have to keep our door locked in case these people try it again would it be right for the landlord to surrender the contract and allow us to move out

tdlawyer :

It ought to be that way, but I'm not convinced legally, is. This is because the issue (whilst it might be due to the landlord in some ways) is really down to your neighbour.

Customer:

But could it be that she has led the neighbour to believe that we have issues with the parking and not them by using this address

tdlawyer :

What you could say, is that the landlord is harassing you, by seeking to use your address, when he knows that he is not there, and that the purpose of that is to cause you difficulties at the property. If you can show that, then that might give you grounds to end the tenancy and move out. However, that will be more difficult for you to show, because it's about showing his intention.

tdlawyer :

If you cause enough of the difficulty with the landlord, such as by involving the police, then he may just allow you to leave anyway, rather than have to deal with issues concerning the police.

Customer:

Would this not be negligence on the part of the landlord as he does not live here and a cavalier approach

tdlawyer :

Negligence is a very different legal concept. You are better off sticking with harassment or perhaps with nuisance.

Customer:

no i dont think that will work they have been very sympathetic with the situation but that is not helping us and it is all caused by the letter that was sent using this address, without the letter there would have been none of this but we dont think the landlord did on purpose, we just thought that they may surrender the contract because they have sent the letter and out of decency they would allow us to move out

tdlawyer :

Well, you need to keep trying to reach agreement with the landlord to that effect, but if you cannot, then you have the choice of remaining there or just leaving anyway. If you do just leave, as I said, if another tenant takes up the tenancy, and pays the same money issue, the landlord cannot sue you because he will not be out of pocket.

Customer:

so what you is saying we have no rights what so ever

tdlawyer :

You have the right not to be sued for any loss that isn't caused by you - so is it not possible to find another tenant?

Customer:

no it is not we just want to find somewhere else and get out of here but it would cost a fortune to do this we cant afford two lots of rent

tdlawyer :

Okay. Even if you leave without finding a new tenant, the landlord is under an obligation to try and find a new tenant.

tdlawyer :

He cannot just not bother trying, in the hope of suing you.

tdlawyer :

It doesn't work that way.

tdlawyer :

If he doesn't try to replace you quickly, the court will likely not allow him to recover the money from unpaid rent from you for the unreasonable period when he hasn't tried to replace you.

Customer:

how does it work then

tdlawyer :

Landlord simply must try to find a replacement tenant.

Customer:

and if he does not do we have to pay the rent

tdlawyer :

If he makes reasonable efforts, but is simply unable to find anybody, then you may still be required to pay. But unless you agree to pay, he will have to take you to court for that. If you lose a court, you are unlikely to have to pay lawyers fees, and you might take the view that there is little to lose by fighting him about this.

tdlawyer :

He might agree a quick settlement with you, just to resolve the dispute. With you paying a lot less than would otherwise be the case.

Customer:

so it is up to us to negotiate with the landlord and come to a reasonable conclusion would it be a good idea to have a meeting with the landlord

tdlawyer :

Yes, that's right. It'ss always worth trying to resolve something like this by agreement wherever possible.

Customer:

would a face to face meeting be the correct thing to do

tdlawyer :

Yes,a face-to-face meeting is always worth trying.

Customer:

ok thank you for your help we will try what you have said it is a lot clearer now.

tdlawyer :

Great. I wish you the very best with trying to resolve this. Can I just check that you are happy with my service to you this morning please?

Customer:

yes thank you, ***** ***** been very helpful and given us good advice thank you once again

tdlawyer :

Fantastic. Thank you very much. Have a great weekend.

Customer:

and you

tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience: 11 years experience of general practice.
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