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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70513
Experience:  Over 5 years in practice
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We are private tenants who have just taken up residency recently.

Resolved Question:

We are private tenants who have just taken up residency recently. 2 days after moving into the property the attached property started major building works which is impacting on our lives. He never advised of this before we took up tenancy as we would not have rented the property.
Initially the landlord says he was not privy to this and also wrote to warn us of the assured short-hold tenancy agreement. He appeared to be bringing up issues and accusing us of things we had not done. He would not agree to having known about the work and has skirted around it.
In response to his letter we have advised we are not in breach of any sections and he has now told us to park this. He now advises that the builders have been asked to be quiet and not use radios.
He now appears to accept he knew and says nothing about letting us know this. He is advising us that we are the ones causing the problems, he will not let us go to a rolling contract that would allow us to move out.
We want to know where we stand legally as we need to move out of the property and we are now also in fear of losing our security deposit (which is in the protected scheme)
Also as we would need a landlords reference we are sure he would cause problems with this as well. We feel he is being very unreasonable.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What is your question about this please?
Customer: replied 3 years ago.

Is the Landlord in his right to omit to tell us about this build and how big/noisy a job it would be (we are in the attached semi) has he mis represented the letting agreement.

Do we have the right to give notice for one month and move out without penalty, What are our rights as tenants in relation to this.

Expert:  Jo C. replied 3 years ago.
I am sorry but I cannot give you good news.
The fact of noise and building works in the area is a non issue. A landlord has no duty to disclose it, if he even knew about it.
This is not a ground to end an AST. An AST is very hard to end. You pretty much have to show something like flooding or fire damage that renders the property uninhabitable. If you give notice for this reason then you will be acting in breach and liable for the remaining months.
That said, he is under a duty to mitigate his loss by seeking a replacement tenant and realistically he is not likely to get more than one month to do that so your liability may well be limited to one month.
On your primary point, however, I am sorry but these are not factors that allow you to escape lawfully.
Can I clarify anything for you?
Jo
Customer: replied 3 years ago.

Thanks for this - he is a very unreasonable chap. We are now feeling he will hit somehow on the Tenancy Deposit scheme due to this. If the house is left the same way as we moved in can he do anything about this deposit?

Expert:  Jo C. replied 3 years ago.
Well, I suppose it is always possible for people to lie through their teeth and the more unreasonable they are the more likely that it is.
However, unless you cause fairly significance damage all there are arrears he cannot just deduct from your deposit to punish you and if he does then you can complain to the scheme and he will win.
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