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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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If student tenants fall out and one party feels obliged to move out because of the behavio

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If student tenants fall out and one party feels obliged to move out because of the behaviour of the others, who deliberately behave in a manner designed to cause stress, is this a private Nuisance and a deprivation of Quiet enjoyment? In the event that it is or there are other grounds for seeking restitution, would it be the landlord and/or the Tenants causing the nuisance who could be sued in small claims court for any loss incurred, such as having to pay rent despite having moved to a new property where rent is due there, because no replacement tenant moved in. In the event that there is a case, which rent would be used to calculate the restitution?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Is the clause for quiet enjoyment between the Landlord and Tenants in the agreement?
Customer: replied 1 year ago.
I believe there is a clause in about behaviour, but I don't think it mentions Quiet Enjoyment
Expert:  Ash replied 1 year ago.
What does the clause say please?
Customer: replied 1 year ago.
I'm Tenancy agreement was signed by all 5 students, but i"m told this doesn't make any contract between the Tenants , only with the Landlord
Expert:  Ash replied 1 year ago.
But it isnt the Landlord who is causing nuisance etc? Its the tenants themselves?
Customer: replied 1 year ago.
Not to do or suffer to be done in the property anything which may (i) be or become a nuisance or annoyance to the Landlord, Agent other neighbouring premiss or other owners or occupants(next one down say property has to be kept clean, this became the cause of contention)
Expert:  Ash replied 1 year ago.
Ok - but the Landlord isnt causing the issue? Its between the tenants?
Customer: replied 1 year ago.
No it was the Tenants, but my son complained to the University, although he emailed the Landlord on Nov 11th to say they were moving out because of the behaviour of the fellow tenants.
Expert:  Ash replied 1 year ago.
Ok, sadly its an issue between tenants and your son would still be liable until a new tenant moves in. its not the Landlord's fault and the contract is between the tenants and Landlord for quiet enjoyment etc.If there is an issue between the tenants themselves that is for them to sort out and nothing to do with the Landlord I am sorry to say. This means until a resolution has been made then your son is liable.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.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
one last thing then, given that we have evidence that my Son and his girlfriend were deliberately subject to a campaign of harassment, can we then sue the Tenants in the small claims court on the basis of Private Nuisance and deprivation of Quiet enjoyment? Oh yes the other tenants refused to speak to a replacement tenant & imposed conditions before they'd accept one.
Expert:  Ash replied 1 year ago.
Yes you could sue the tenants. You can bring a claim against them.Does that help?Alex
Customer: replied 1 year ago.
Yes, I was wanting to use the small claims court, but wanted to be sure it was them I could go after , but I was advised it was the Landlord I have to deal with. So thank you, ***** ***** last point though, am I correct in thinking the tenants have committed a private nuisance and that they can deprive a fellow tenant of Quiet Enjoyment - all I ever read refers to neighbours or Landlords,
Expert:  Ash replied 1 year ago.
I dont know what went on between them, but if the behaviour was so bad it caused him to move out, potentially there is a claimAlex
Customer: replied 1 year ago.
Thank you, ***** ***** it was, my son & his girlfriend attending the Uni Doctor and I've heard some of the recorded conversations where 2 of the tenants saying this I found rather shocking and I believe evidence that they intended to drive them out.
Customer: replied 1 year ago.
Sorry just one last thing, as I am now about to write to the 3 saying what I believe is the issue and offering to settle out of court, do I have to say what the legal issue is - ie is it a Private Nuisance if they have behaved that badly?
Customer: replied 1 year ago.
Sorry Alex, just found a section 6.1That the Tenant paying rent and performing the obligations on the part of the Tenant may quietly possess and enjoy the property during the Tenancy without any unlawful interruption of the Landlord.Not sure if that affects things or not
Expert:  Ash replied 1 year ago.
No it doesn't, that is that the Landlord can't do this. Does that clarify? Alex
Customer: replied 1 year ago.
I think so, so summing up what I think is now the situation,a) the Landlord isn't in any way responsible for what went on,
b) the Tenants are responsible
c) If we think they behaved badly enough my son to sue them in the small claims court (with my assistance - would I be a McKenzie's Friend?)
d) if we decided to sue it would be for Private Nuisance (and or deprivation of Quiet Enjoyment?) and restitution of the rent and costs for the new property.
Expert:  Ash replied 1 year ago.
Correct. Does that help? Alex
Customer: replied 1 year ago.
Sorry for the delay in replying Alex, I had to deal with a phone call.Thank you, ***** ***** is fine, I'll now go and see what these people say and if they will agree to some form of restitution, otherwise, Small Claims court.So thank you very much.
Expert:  Ash replied 1 year ago.
Great. If I could invite you to rate my answer before you go today, otherwise the site doesn't credit me for the time spent with you. Good luck. Alex
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