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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi, I privately rent. I have had an issue with noise from

Customer Question

Hi,

I privately rent. I have had an issue with noise from a neighbour upstairs, the police issued a noise warrant at 1.27am after the police heard the music. The building owner is threatening to evict ME for harassment of the noisy tenant??

Please advise?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and 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 :

What type of tenancy agreement do you have, when did you sign and when does it expire please?

JACUSTOMER-rbrn3pv4- :

assured shorthold tennancy

Alex Watts :

ok

JACUSTOMER-rbrn3pv4- :

i signed Jan 2014 expires jun 2016

Alex Watts :

Ok - in that case he can't evict

JACUSTOMER-rbrn3pv4- :

but why?

JACUSTOMER-rbrn3pv4- :

on what grounds?

Alex Watts :

He can only evict if you are in breach of tenancy

Alex Watts :

You have a fixed contract until June 2016

Alex Watts :

Therefore unless you breach the agreement the Landlord can't ask you to leave until then.

JACUSTOMER-rbrn3pv4- :

ok, its the owner of the building, saying he's going to withdraw the right to let from the landlord

Alex Watts :

If he wants you to leave earlier he would have to need a Court Order.

Alex Watts :

But if you have not breached your tenancy then a Judge wont make an Order.

Alex Watts :

That is an issue between the owner of the building and your Landlord

Alex Watts :

Your Landlord would be in breach of contract if he tried to end your tenancy earlier.

Alex Watts :

But it seem ridiculous that they are trying to take action against you

Alex Watts :

In any event there will be a clause usually in a tenancy agreement saying not to cause noise or annoyance.

JACUSTOMER-rbrn3pv4- :

because the other tenant, had accused me of harassment (which is absurd) after i asked her to turn her music down, and therefore had to call the police who issued a warrant at 1.27am.

Alex Watts :

The Landlord of the noisy tenant should be taking action against the tenant

Alex Watts :

But sadly you can't enforce that.

Alex Watts :

Against you or the noisy neighbour?

JACUSTOMER-rbrn3pv4- :

the noisy tenant neighbour accused me of harassment after the police issued a noise warrant at 1.27am due to her playing music at that time, which could be heard in my flat.

Alex Watts :

Ok - so AGAINST your neighbour?

JACUSTOMER-rbrn3pv4- :

And then the owner of the building has threatened to have ME removed

JACUSTOMER-rbrn3pv4- :

yes against the neighbour

Alex Watts :

Ok - you can't be removed

Alex Watts :

You haven't breached your agreement

Alex Watts :

You can stay until June 2016

Alex Watts :

If they try to remove you, you can sue for breach of contract

Alex Watts :

But in any event they would need a Court order to remove you

Alex Watts :

A Judge isnt going to issue a possession order on the basis you complained about a noisy neighbour

JACUSTOMER-rbrn3pv4- :

who was in breach of noise abatement at 1.27am...

JACUSTOMER-rbrn3pv4- :

this is what i can't understand?

Alex Watts :

The neigbour

JACUSTOMER-rbrn3pv4- :

the neighbour was playing music at 1.27am and the police issued a warrant

Alex Watts :

Ok - I assume against the neighbour?

JACUSTOMER-rbrn3pv4- :

yes the police issued a warrant against the noisy neighbour at 1.27am for playing music and then she has accused ME of harassment and the building owner is threatening to have ME evicted.

Alex Watts :

Ok - but you were not issued with a harassment notice or anything?

Alex Watts :

If not then you do not need to worry

Alex Watts :

You can't be evicted

Alex Watts :

No Judge is going to order an eviction on the basis you complained about noise

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-rbrn3pv4- :

No, i have not been issued with a harassment notice! I have not harassed anyone.

JACUSTOMER-rbrn3pv4- :

Thank you for your time

Alex Watts :

Great.

Alex Watts :

If this answers your question might I invite you to rate my answer

Alex Watts :

If the system wont let you please do say

Alex Watts :

If you need more help please click reply

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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