Tenancy Agreement?

Question

We recently took a tenancy agreement up for six months. However, our life is being made hell by a neighbour and we want to move as when we signed the agreement we had no idea that the music would be so loud. We have called the police and asked him to turn it down but to no avail. Have tenants got any rights when it comes to terminating contract due to untolerable living conditions?

Answer 1

http://www.adviceguide.org.uk/index/family_parent/housing/tenancy_agreements.htm

Check this link from the citizens advice bureau

Answer 2

Richard B's reference to the CAB information about tenancy agreements is very helpful - especially if you look at the section of 'Unfair' - neither you nor your landlord are allowed, by signing the agreement, to put each other in a disadvantageous position ..... that means if the landlord allowed to you sign the agreement - knowing there was a problem with the neighbour - then the tenancy agreement could be considered unfair ...... however you don't say whether the neighbour is also a tenant of the landlord or not ....
If the tenant is a tenant of the landlord then the landlord has two obligations to you - one to deal immediately and effectively with the noisy tenant, the other is to deal fairly with you - by negotiating further with yourselves as to where you go with the tenancy now ie would you be prepared to continue your tenancy for the remainder of the 6 months if he dealt with the tenant effectively, or would you prefer to reach an agreement about early termination and the return of your deposit....
If on the other hand the neighbour is housed in a property not belonging to the landlord - if you can show that previous tenants, or at least the last one, had similar noise problems as those you are experiencing - and can show that either complaints were made to the landlord or at the very least he was made aware that a problem existed - then whether or not he could do something about them or not .... you can show that by not informing you about the situation before you signed the agreement, the landlord deliberately put you at a disadvantage to his own benefit by infringing on your right to choose ...ie he favoured his rent monies higher than he favoured your legal right to 'quiet enjoyment without interruption' of your property.....
I am not a legal eagle, but would be surprised if, when you seek legal advice (and I strongly recommend you do), that my estimation will be found to be far off the mark .....

Answer 3

Keep complaining to the leasing office and document it each and every time. Request that they do something about the noise coming from your neighbor's apartment. If your landlord does nothing then you need to contact the property owner.

In other words go directly over the rental offices head to their boss. Also, get a copy of the landlord and tenant act. It's available online as well. It explains your rights and the responsibilities of manangement and what steps you can take to remedy the situation.

You do have a right to break your lease agreement however some apartment complexes etc require you to buy out the rest of your lease. Right now, it sounds like you'd be able to break the lease without coming out of pocket.

Also be sure to document each time the police have to come out and ask this person to cease the noise. If you can get a copy of the complaint or the name and badge number of the officer that you talk to.

You will need all of that information in order to make your case against your neighbor.

Just so you know, just because people can make all the noise they want until 10pm doesn't mean it should disturb others throughout the day. Good luck to you

Answer 4

Yeah you can terminate your contract at anytime you landlord can not hold you prisonner in his property however you may loss your bond. Noisey neigbour issue i suggest that when your neighbour starts playing music call the police the more time's that they come out to the property the better. Also you should find out if your neighbour is a coucil tenant if he is contact the housing officer and they maybe able to issue an ASBO or Evict

Answer 5

I mean if your landlord didnt tell you about this problem then i suppose yes you have a right. I rented a place and the landlord didnt tell me it was damp on the walls i only found out after living there like a month my contract was for 6 but i explained the problem and cos i have asthma aswell i said its not suitable and he gave me my deposit back aswell

Answer 6

No but ur landlord has a duty to sort your noise problems out-failing that go to the council -There are laws about noisy neighbours.
If you did a flit no-one would blame you-ask the landlord to help and if he didn't well then at least you tried

good luck

Answer 7

I assume your agreement is that you will rent the place for set monthly payments for a period of 6 months .

Explain your problem to your landlord and if he isn't helpful them simply walk away .

He is unlikely to spend what it would cost to take you to court for lost rental income .

just in case though make sure you get evidence of the problem before you leave .

Answer 8

It depends on your county's laws. You can call the county clerk (they are usually pretty helpful) Usually an "intolerable living environment" is enough to break a lease. It depends on if your landlord is gonna be a jerk about it... Does he/she seem like a stickler? You could always just tell him/ her you hate it and ask if you can move out... Good luck!

Answer 9

Yes, you do. See a solicitor who can write to your landlord. Have you spoken to the local council about your neighbours - they have powers that the police don't have, they can even confiscate stereos.

Answer 10

As a landlord for some years, I'd say you have a case. Is your landlord the noise makers also? -- if so it should be easy to break the lease.