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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a letting agent. We have a property let on an AST where

Resolved Question:

I am a letting agent. We have a property let on an AST where the house next door is now being extensively refurbished including an outside extension. The work next door has started some 6 months into a fixed 12 month tenancy. The tenants who rent through us say that their quiet enjoyment has been taken away due to building noise and the radio being played by the builders and their loud voices etc and say they can't even enjoy their garden while the work to the extension next door goes on. They want to be released from contract early and only now pay 50% of the rent each month until they go due not to any actions by their landlord but by what is going on next door. We have had talks with the builders but ultimalty can't stop them working and they have a deadline to be finished by July. I want to be able to go back clearly with what the legal position is but cannot find clear definition in the Housing Act and I can't see why my client the landlord should have to accept half rent and an early release for matters out of his control ? Please advise
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
What does the clause of the peaceful enjoyment say please?
Customer: replied 2 years ago.
4.1 Quiet Enjoyment
During the Tenancy the Tenant may quietly enjoy the Property without any unlawful interruption by the Landlord or any person claiming under or in trust for the Landlord.
4.1.2 That the Landlord is the sole legal owner or, if more than one, that they are the joint legal owners of the leasehold or freehold interest in the Premises.
4.1.3 That the Landlord has obtained all necessary consents from any Superior Landlord, mortgagee, insurer or other interested Parties to enable him/them to enter into this Agreement.
Expert:  Ash replied 2 years ago.
Thanks. The wording of this is there will be quiet enjoyment by the LANDLORD. It makes no mention of anyone else so by them saying its next door is a breach of their tenancy.
If next door are building they need to take action directly, ie through the Council or Courts. There is no obligation on the Landlord to take action and by them paying less they are in breach,
If they are 2 months in arrears you can serve a section 8 notice. You are also not required to release them early.
Can I clarify anything for you about this today please?
Alex
Ash and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.
This is really helpful thanks
Expert:  Ash replied 2 years ago.
Happy to help.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex