How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Property Law Question Here...
Ash is online now

Just need an advice on a dispute (noise disturbance

This answer was rated:

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
Hello my name is ***** ***** I will help you.
Did the Landlord know about it before you signed or it started please?
Customer: replied 2 years 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.

So its next door, is that right?
Customer: replied 2 years ago.

Yes the flat just below me.

Customer: replied 2 years ago.

Yes the flat directly under me.

But that doesnt belong to your immediate Landlord?
Customer: replied 2 years 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.

Ok. Have you asked your landlord to leave because of the noise?
Customer: replied 2 years 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 2 years 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.

What has the Landlord said about leaving?
Customer: replied 2 years 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.

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 2 years 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

Sadly yes it would usually unless the Landlord agrees otherwise.
Does that clarify?
Alex
Ash and 3 other Property Law Specialists are ready to help you
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