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Anthony Chendo
Anthony Chendo,
Category: Property Law
Satisfied Customers: 1773
Experience:  Solicitor at BLM
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I'm currently in a flat where I have asked to break the

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Hi there!
JA: Hello. How can I help?
Customer: So I'm currently in a flat where I have asked to break the tenancy 5 months in due to noise nuisance but I have to fill my room first
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have months of notes and emails of sending her all the complaints I have made in regards ***** ***** noise I have also asked to break the contract due to this
JA: Where is the flat located?
Customer: SE11 4TT it's within a council block but my flat is privately owned by the landlord
JA: Anything else you want the Lawyer to know before I connect you?
Customer: so the noise is coming from a council tenant underneath us
Customer: replied 6 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 6 months ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.

Welcome to JA

Am sorry to hear about your ongoing noise issue.

It appears your right to have peaceful enjoyment of the property has been and continues to be breached given the ongoing noise issue. Before i consider the remedies available to you, please can you confirm what steps the Landlord has under taken to rectify this issue.

Customer: replied 6 months ago.
she has followed up with the council and caretaker to ensure the lady does not cause so much noise
Customer: replied 6 months ago.
but this is following the 4 months of complaints we have been making to the landlord, the council and the police

Did the council responded and if so what was it.

Further is your query regarding leaving the tenancy or to put an end to the noise issue?

Customer: replied 6 months ago.
the council has finally sent a dairy to complete of noises made
Customer: replied 6 months ago.
but we received the dairy after I had asked my landlord if I can break the tenancy
Customer: replied 6 months ago.
plus I have a suitable tenant to move in, and have informed her lightly of the noises

Ok since the noise issue appears to be something that is being dealt with, how can i help you today?

Customer: replied 6 months ago.
my concern is that my landlord now wants to talk about the noise complaints with the new tenant which I'm not sure anyone would volunteer into
Customer: replied 6 months ago.
I can't leave my room until I fill it with a new tenant
Customer: replied 6 months ago.
is there something I can say to the landlord to say that she shouldn't get involved as we have already informed her and that the landlord didn't inform us when we signed up to the 1 year contact
Customer: replied 6 months ago.
even though there have been complaints that have been going on for 6 years regarding the noise?
Customer: replied 6 months ago.
Can you help?

Unfortunately given the property belongs to the landlord and the agreement will be between the landlord and the new tenant there is nothing within the law to stop the landlord from disclosing this information to tenant.

However you can advise the new the tenant to consider the issues noted below before they get into an agreement with the landlord?

Before i proceed do you understand what i have stated if not please let me know.

Customer: replied 6 months ago.
it makes sense sadly - I'm just looking for a way out as I wouldn't have signed the contract if I knew this was an issue to begin with
Customer: replied 6 months ago.
is it a break in the contract though if the inventory has been withdrawn from the 23rd party due to the landlord not paying them?
Customer: replied 6 months ago.
3rd party*

I suggest you notify the new tenant that there is a noise but it will be rectified by the council. Further advise the new tenant to ask for a break clause in the tenancy agreement as this will permit the new tenant to break the tenancy agreement and leave the property without looking for a new tenant or owing the landlord rent until the end of the tenancy period in the event the noise issue is not rectified.

Do you understand what i have stated, if not please let me know

Customer: replied 6 months ago.
damn so I'm stuck :( so the inventory thing doesn't break her side of the contract?

What inventory thing are you talking about? My last message relates to the advise i suggest you relay to the person you found to replace you.

Customer: replied 6 months ago.
sorry - umm I spoke to the 3rd party company that did our inventory and they said our inventory done on the place is now void as he has withdrawn his verification as she had not paid him
does this break her responsibilities as a landlord?

Given this is a new query, please rate the assistance provided to the first query by clicking on the 5 stars button at the top of your screen. Once rated i will answer the second query at no further costs. Further once rated please do not open a new question as i will answer it on this thread.

Thanks

Customer: replied 6 months ago.
done :)

Unfortunately it does not state it has been done.

Please try again. The stars button is at the top of your screen.

Thanks

Anthony Chendo and other Property Law Specialists are ready to help you
Customer: replied 6 months ago.
sorry I forgot to press submit!

No problem

The inventory matter is not something that permits you to break the agreement. However it helps when the deposit issue comes up given it will be difficult for the landlord to prove what items were damaged in the property given there is no inventory at the start of the tenancy agreement.