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SolicitorRM
SolicitorRM, Solicitor
Category: Property Law
Satisfied Customers: 4170
Experience:  Director and Principal Solicitor. UK
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I have a tenancy agreement that I signed when I moved into

Customer Question

I have a tenancy agreement that I signed when I moved into the property. I believe there are some clauses of the tenancy agreement that have been breached, and need advice on what has been breached by the housing association, and advice on how to deal with the matter with the housing association
Submitted: 5 days ago.
Category: Property Law
Expert:  SolicitorRM replied 5 days ago.

Hi thank you for your enquiry and patience. What has happened to make you think that there has been breach of contract.

Customer: replied 4 days ago.
Ok. So I am going to send you a copy of my tenancy agreement that I signed with my housing association when I first moved into the property, which is also the same as my neighbours tenancy agreement. The parts of the tenancy agreement that I have highlighted in yellow are relevant to the issue that I need help with from you. What I need to know is whether legally if the housing association has breached any of the terms in the agreement. So let me give you a bit of background regarding the issue that is ocurring.
Customer: replied 4 days ago.
the issue is mainly to do with my neighbours above me. They live above me, and have been making my life miserable for the past 5-10 years. Their children are constantly running up and down, screaming and playing football inside the flat even at night, making it impossible for me and my daughter to sleep at night. It has started to affect my health negatively due to the lack of sleep and affecting my quality of life overall, and not being able to enjoy our home anymore. So my neighbours above me have 4 children, then mum and dad, making it a total of 6 occupants. On our tenancy agreement it says that 4 people is the permitted number of occupants, so they are more than the stated number on the tenancy agreement. In addition to this, the tenancy agreement also states on page 20 that "A dwelling is overcrowded if the number of persons sleeping in it is more than the permitted number (which is 4), or is such that two or more of those persons, being 10 years old or over, of opposite sexes (not being persons living together as husband and wife), must sleep in the same room". In my neighbours case, they have 4 children. One boy 16 years old, another boy 14 years old, girl 11 years old and a boy 9 years old.
Customer: replied 4 days ago.
I'm sending over the tenancy agreement so that you can see the parts I've highlighted in yellow, and to see whether I can challenge this legally with my housing association. Please have a read of the tenancy agreement, and please could you give me some advice on how to go about this situation. And please let me know if legally the housing association has broken any of the clauses in the tenancy agreement. What points would you suggest I bring up in a letter, if I wanted to pursue this matter legally. Many thanks.
Expert:  SolicitorRM replied 3 days ago.

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.

Customer: replied 3 days ago.
Hi. I don't fully understand what you mean when you say 'whereas the nuisance issue cannot be contracted out of there is a possibility bigger families could live in the properties if given prior permission'. Please could you elaborate a bit further. There hasn't been any prior permission granted for this, as I spoke to the housing association last week. On our tenancy agreement, it says that 4 people is the permitted number of occupants, so they are more than the stated number on the tenancy agreement. The issue is regarding overcrowding.I will send you some screenshots of specific parts of the document that I need legal advice on. They have been highlighted in yellow. And I need some suggestions as to how to deal with this matter formally please.
Expert:  SolicitorRM replied 3 days ago.

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.