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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71055
Experience:  Over 5 years in practice
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I have recently moved in to a great property on a gated community,

Customer Question

I have recently moved in to a great property on a gated community, and am renting , paying a lot of money for the privilege. It is peaceful , looks nice and is secure. However 3 weeks ago , huge scaffolding was erected on the building right next to mine, and drilling and noise continues from 8- 5 every day since and I am told until Sept. not only is this disrupting my day as I can no longer work at home nor enjoy sitting out in the garden , but it looks awful , I could be living on a building site. This is not what I imagined nor am paying for. The landlord was not told of the works by the estates management apparently , only the people in the affected block , which I find amazing, and I am told I have no recourse to my landlord for a reduction in the rent. Had I known about this I would have been prepared and would not now be so angry and stressed..or I would have not rented here. Have I am recourse for some compensation as my whole summer will now be affected.
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

What type of contract is it?
Customer: replied 4 years ago.
Oh dear I haven't it with me , but its a proper one which is for at least a year with a six month clause to quit? Does that help
Expert:  Jo C. replied 4 years ago.
Do you remember the term assured shorthold tenancy agreement?
Customer: replied 4 years ago.
Yes I have checked and that's what I have
Expert:  Jo C. replied 4 years ago.
I am sorry but its bad news although the liability may not be as bad as you think.

I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.

Unfortunately ASTs are very hard to escape. You pretty much have to show that the property is gutted by fire damage or flooding and so you cannot live in it. Another acceptable reason would be that a person's life is in immediate danger like a gas leak.

I'm afraid that things like change of circumstances of the tenant or the fact that the premises is not salubrious is not sufficient. Unfortunately the presence of works does not qualify for cancellation or for a reduction in rent as it doesn't affect your use of the property.

You could try to negotiate with the landlord. Sometimes they will agree to allow tenants to leave as its in their interests too on occasions.

If that is not possible here then I'm afraid you will be acting unlawfully if you leave early. However the landlord is under a duty to mitigate his loss by seeking a replacement tenant and he will not get forever to achieve that. Realistically, if a landlord is really trying, most properties can be let to another tenant comfortably within a month. You will only be liable up until the time that the landlord is able to replace you which will be nothing like the remaining months due under the contract.

Of course, there is a risk that the landlord will not be able to find a replacement. If so, the Court will ask him to prove that he has looked for a replacement. If he is able to do so to the Court's satisfaction then you would be liable for that period but that is very unlikely.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please let me know if you need more information