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Ask Remus2004 Your Own Question
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71048
Experience:  Over 5 years in practice.
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I left my AST 6 months early due to excessive noise and parties

Customer Question

I left my AST 6 months early due to excessive noise and parties by my land lord ( he hired part of the farm out as a wedding and party venue ) The issues were raised verbally with the landlord & I was told tough, also when he hire the venue out all the guests would use my on private toilet because there was nothing else suitable to use at the time. There was also a wood burner the landlord used directly behind the property I was renting, this was used to burn commercial waste for local companies and his friends, as you can imagine the smell and smoke was unbearable.
I gave the land lord 1 months notice in writing which he refused to accept,its now 6 months on and I with no contact from the landlord what so ever I thought everything had gone quiet until today. I received court papers with the intent of prosecution in the form of a CCJ.

What can I do? I had to move out of the property for my own insanity and health.
Submitted: 5 years ago.
Category: Property Law
Expert:  Remus2004 replied 5 years ago.
Thank your for your question. I will try to help with this.

How early did yopu leave the property?
Customer: replied 5 years ago.

I left 6 months into the AST

Expert:  Remus2004 replied 5 years ago.
I'm really sorry but you are liable. The complaints you mention are complaints but not grounds to leave an AST. There's really no way around that.

You can defend the bulk of the action on the basis that he is under a duty to mitigate his loss by seeking another tenant. Usually a landlord can claim for one to two months. He will struggle to claim for any more than that unless he can show that he has made realistic efforts to find another tenant and could not.

That said, I am sorry but you are liable.