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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Just need an advice on a dispute (noise disturbance

Resolved Question:

Hello, just need an advice on a dispute (noise disturbance from building work) which has advanced. I have followed all the procedure to report and mitigate but has not work. I am now seeking to move out of the property (Assured Shorthold tenancy agreement) with no break clause but a 'Surrender tenancy by the tanant'. What are my chances?
Thanks
Evelyn
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Did the Landlord know about it before you signed or it started please?
Customer: replied 1 year ago.

Not sure he knew about the extensive work however, he knew that the house was been sold. I rented the maisonette in May this year and I started noticing the disturbance in at the end of August to present.

Expert:  Ash replied 1 year ago.
So its next door, is that right?
Customer: replied 1 year ago.

Yes the flat just below me.

Customer: replied 1 year ago.

Yes the flat directly under me.

Expert:  Ash replied 1 year ago.
But that doesnt belong to your immediate Landlord?
Customer: replied 1 year ago.

No it doesn't belong to my landlord. The only property owned by my landlord is the one that I am currently living in.

Expert:  Ash replied 1 year ago.
Ok. Have you asked your landlord to leave because of the noise?
Customer: replied 1 year ago.

Yes and the associated impact that it has and still causing me including anxiety/stress, lack of focus on work, son's study is impacted. I have also seen my gp who gave me some prescriptions and advice to resolve the situation as I can't be on the prescription for long.

Customer: replied 1 year ago.

In addition, I have had to leave the house on my days off work because I can't withstand the disturbance. Had series of headaches hence the visit to the gp.

Expert:  Ash replied 1 year ago.
What has the Landlord said about leaving?
Customer: replied 1 year ago.

He asked the agent to contact me see if I can make up with the disturbing neighbhour as the cost of leaving will cost me. I am in 2 yr assured shorthold tenancy with no break clause. There is only a surrender tenancy by tenant clause and it is not clear what that entails on 'reasonable costs associated with re-letting'. The property is currently managed by the landlord. When I asked what does 'reasonable costs' mean, he responded via his wife that they are seeking legal advise. And I am waiting for his response as I seek legal advise too.

Expert:  Ash replied 1 year ago.
Its bad news I am afraid. The landlord does not have to let you out - this is because unless the landlord knew of the extent of the works and failed to tell you before you signed then he is not liable. Sadly the person causing the noise would be liable.
Reasonable costs would be the costs of readvertising the property or further letting fees as a result, but if you pay these and end it then you can claim these costs of the people doing the work. If any claim is £10,000 or less then it would be a small claim anyway. But sadly it does not appear the Landlord is liable.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

Does this include any paying for rent until the land has found someone? Not sure if this is reason, appreciate if you can clarify. Thanks

Expert:  Ash replied 1 year ago.
Sadly yes it would usually unless the Landlord agrees otherwise.
Does that clarify?
Alex
Ash and other Property Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi

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

If you have not done so already 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

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