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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 17682
Experience:  Solicitor
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Having a dispute with a landlord with regards to early

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Having a dispute with a landlord with regards ***** ***** termination of a tenancy contract
Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?
Customer: Emails to agency and landlord
Assistant: Where is the property located?
Customer: North London
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Would like to terminate the tenancy contract earlier due to excessive structural noise of the property and negligence of the above tenant

Hello my name is ***** ***** I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

Can you please explain your situation a little more?

Customer: replied 1 year ago.
Sure.The rented flat is on ground floor, there is a flat above ( rented by same landlord through agency). When viewing and signing contract the above flat was vacant. We reported structural noise ( floor board rattling) and excessive noise. It has been since last February 2018. Also the above tenant ( adult + child) cause excessive noise due to floor ( not underlayer). Tenant is from November 2017 to May 2019. Given notice last week ( 1 week and half notice). Landlord refused notice and said rent is due by law
Customer: replied 1 year ago.
Tenancy is 18 months finishing on 02 May 2019.
Customer: replied 1 year ago.
Apologies: notice given is 5 weeks
Customer: replied 1 year ago.
I have kept all the correspondence

So you want to know if you can leave early and not be liable?

Customer: replied 1 year ago.
I would like to know how to get the early notice accepted, due to unfair treatment during tenancy
Customer: replied 1 year ago.
Tenants have right to to quiet enjoyment of the property by contract

Quiet enjoyment applies to the Landlord interfering with you.

Not tenants being noisy. So is it the structure of the building that you say is a problem?

Customer: replied 1 year ago.
the structure of the building ( old floor boards, no underlayer to soften noise). The chandelier of bedroom rattles/ vibrates. Noise is excessive

Ok - sadly that is not the fault of the Landlord.

Case law shows where it is the fabric of the building, the Landlord is not liable.

The Landlord is also not liable for the noise of the Tenants, its not him causing the noise.

But I will outline the process to seek a refund of your deposit and move out.

You need to write and set out your losses and request a refund within 14 days from the date the letter was sent in the post, or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7 and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value, you would need representation for trial.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 1 year ago.
Thanks Jamie. My question is: is he not liable for being negligent and not fixing the floor to soften the noise? If we have to stay until end of contract we asked to discuss reduced rent. Please advise

No. If its the structure then no.

If it was JUST the underlay, then yes.

Does that clarify?

Customer: replied 1 year ago.
He has not done any work to soften the noise, which cause stress and lack of sleep to us.

Then you have an argument for underlay.

So on that basis, he is in breach and you can sue for breach of contract.

Does that assist?

Customer: replied 1 year ago.
that helps, thanks for advising. Is there a way to make the landlord agree to early notice without going into court? What does the law say in this? Negligence of landlord? House not in liveable conditions?

Breach of contract.

Its it liveable unless you have the Council say its not fit for human habitation.

Its not negligence as there is no injury.

Does that clarify?

Customer: replied 1 year ago.
Ok. If the noise is made more excessive due to upstairs tenants ( having 1 child running across the floor constantly) and the landlord is renting also the above flat, cant this make the claim even stronger? Landlord is also making false statement in emails to us and agent about having jobs fixed in the house, which they weren’t fixed. ( drain and fence)

No. The Landlord is not causing the noise. The tenant and child are.

Does that clarify?

Customer: replied 1 year ago.
Ok, thanks Jamie. Why would you say it’s the best way to approach this without going to court? Appreciate your help
Customer: replied 1 year ago.
Sorry how not why

You can complain to the Property Ombudsman.

They can investigate the complaint:

https://www.tpos.co.uk/

Does that assist?

Customer: replied 1 year ago.
I think we’ll get back to landlord stating he is breaching the contract with not getting an underlayer. Does that make sense? Thank you

Yes indeed. Can I help with anything else this evening?

Jamie-Law and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you, ***** ***** complete the rating for you, thanks Jamie. Enjoy your evening

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