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Hi thank you for your enquiry and patience. What has happened to make you think that there has been breach of contract.
Good morning, I am not sure if it's because the agreement is too long, it is not uploading. Whereas I am happy to read a document and guide you if the agreement is more than 3 A4 pages it would have to be reviewed under JA's premium services. I will ask for the offer to be sent to you and I will pick this up in the morning for you. I would expect that a standard tenancy agreement of this nature would have restrictions however would in most cases say except with the housing association's prior permission. So whereas the nuisance issue cannot be contracted out of there is a possibility bigger families could live in the properties if given prior permission.
Hi, thank you for your further information. This should really be on the premium service as you are looking for me to review the tenancy. However I will respond below if it will assist:
The flat is 2 bedroomed with number of persons allowed to live in the property being 4. For overcrowding purposes it is not the bedrooms but rooms in the property that are counted so if there is a sitting room or any other rooms they would be counted. If the tenancy agreements are all the same and parties are not able to negotiate variations to their individual ASTs then you would be ok to use your copy to consider what applies to your neighbour.
Clause 2 is referring to interference by the landlord and not by other tenants/occupants.
The provisions with regards ***** ***** create a criminal offence and as such it is not only for the landlord to report but you can report this to the local authority or the police. Given the terms of your tenancy the neighbour's household has 4.5 people and therefore just over the overcrowding threshold. If the landlord is not doing anything about your complaints you can submit the report yourself.
With regards ***** ***** provisions on nuisance and racial and other harassment it is the neighbour that has the duty if you know you have same terms . You as the victim do not have to wait for the housing association to take action, they may not consider the actions as offending as you report and as such you should consider making an injunction application yourself to protect your family.
You should report the overcrowding to the local authority and the police since the housing association is not doing anything. You can also apply for an injunction order against your neighbour to stop the nuisance and harassment.
All the best.