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Ask LondonlawyerJ Your Own Question
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 818
Experience:  Experienced solicitor
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I am privately renting an apartment from a landlord business

Customer Question

Hi, I am privately renting an apartment from a landlord business in UK and my neighbours have complained about noise. I dont feel that I make excessive noise, it's just normal living noise, but the landlord has taken their word for it and have said if they receive any more complaints, I will be evicted. Can the do this when there is no evidence I make noise?
Submitted: 2 years ago.
Category: Property Law
Customer: replied 2 years ago.
Can they do this when there is no evidence if whether I am making excessive noise? Is there anything I can do?
Expert:  LondonlawyerJ replied 2 years ago.
Hello, I am a solicitor with 20 years experience. I will try to help you with this.
The landlord can attempt to obtain possession on the basis of noise nuisance behaviour. If the noise is caused by normal living then it is hardly your fault and the problem lies with poor noise insulation. It might even be arguable that it is the landlord's fault not yours.
The landlord would find it hard tp gain possession in these circumstances during the term of the tenancy.
Do you know what type of tenancy you have and if it is an assured shorthold tenancy when does the fixed term expire. When the fixed term expires the landlord can get possession of the property very easily as of right simply by bringing the tenancy to an end by serving a section 21 NOSP and giving you 2 months notice.
He will not need to prove that you have been causing a noise nuisance to get possession.
Customer: replied 2 years ago.
Thank you for your reply.
It is an assured short term tenancy which has expired so I think i am now on roll over.
What implications does this have?
I am going to write a letter to the landlord business (it's not an individual landlord but a company). Is there any valid points I can make?
Expert:  LondonlawyerJ replied 2 years ago.
If you are on a rolling periodic tenancy the landlord can gain possession as of right. All he has to do (assuming your deposit is kept in an approved guarantee scheme) is serve a S21 notice giving you 2 months notice and if you do not leave he can use the accelerated possession procedure to gain a possession order with which he could have you evicted.
ie you are vulnerable to what is sometimes called a revenge eviction.
Re reps to the landlord re the noise etc you can simply say that you are not acting in an unusual way and, highlight any steps you have taken to keep the noise down and maybe tell him of any noise you hear coming the other way. But do you want to write to them as you may trigger action by them against you.