Can I legally terminate my tenancy agreement?

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  • Can I legally terminate my tenancy agreement?

    Hi,

    I'm hoping someone can help me as I am at my wits end as to how to deal with situation and I am becoming increasingly frustrated and unhappy living where I am.

    The flat I moved into about 7mths ago does not seem to be adequately sound proofed and being a ground floor flat I can hear everything, and I mean everything, that the upstairs people do. This can be from talking to having a shower to going to the toilet, it is all loud and clear. I have to wear ear plugs at night so that I can actually sleep as even when whispering I can hear them.

    Unfortunately the people that live in the flat above do not seem to understand the concept of no soundproofing and what this might mean to the person living beneath them. Rather than walking normally they stomp around which makes me wonder if they will fall through the ceiling at any minute, on occasion they have also jumped up and down. They seem to be completely ignorant and inconsiderate to me.

    This means that I have to turn up my TV or radio, whatever it is that I am watching or listening to in order to actually hear it otherwise I get half the story and miss bits. I don't wear shoes inside as there are floor boards therefore I know the noise carries, I don't usually have music or anything else up loud consistenly and I am getting sick and tired of having to constantly turn everything up and down.

    The girlfriend of the actually tenant renting the flat turns on the shower on purpose so that the water runs and drips (which you can hear quite clearly) and again if I don't turn up my TV or whatever would not be able to hear it. She is becoming increasingly aggressive in her behaviour i.e. doing things on purpose which leaves me not wanting to come home in the evenings because I know I won't get peace and quiet.

    I have contacted the agent before on this matter and asked about the landlord/owner putting in adequate sound proofing but they just laugh and don't want to get involved and tell me that he won't do that. I pay my rent on time and have also helped them out with parking permits for use when showing flats in my building.

    All I want to do is move out however I have 4mths remaining on my agreement and therefore was wondering if there was anyway in which I could legally terminate the tenancy agreement i.e. if I could prove that I am unable to live here etc.

    If anyone could please give me some advice that would be great as it really is becoming quite uncomfortable living here.

    Thanks,
    Dani

  • #2
    Long question: short answer

    There's really nothing you can do as the landlord cannot be expected to soundproof your flat and has no obligation to do so. He or she can't be responsible for the actions of tenants of other flats.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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    • #3
      Originally posted by Paul_f View Post
      Long question: short answer

      There's really nothing you can do as the landlord cannot be expected to soundproof your flat and has no obligation to do so. He or she can't be responsible for the actions of tenants of other flats.
      Not strictly true, Paul_f. If the tenants are also his tenants he might be expected to speak to them to prevent them disturbing their neighbours, i.e. Dani.

      Dani, check through your tenancy agreement very carefully. You might find somewhere in there what is called a "break clause", which will state (if it exists) that either party can terminate the tenancy during the term by giving 2 months' notice (I think that's the standard time) as long as it's after the first 6 months. Sounds like your LL is happy enough for you to be there seeing as you pay on time so wouldn't want to lose you and therefore wouldn't want to point you towards a way out.

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      • #4
        If other T is breaking Tenancy Agreement conditions, try asking L to enforce against him on your behalf (and at your expense- but you could claim your costs in any proceedings).
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

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