quick question regarding 'quiet enjoyment'

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    quick question regarding 'quiet enjoyment'

    Please, I have tried googling, but need your help.

    The right to 'quiet enjoyment' was in LTA 1985. Is this also laid out in Housing Act 2004?

    No, I'm not trying to find a way round it , just need to know for a letter I'm writing.

    Thanks!

    Soo

    #2
    Housing Act 2004 does not create new scheme of lettings, unlike Housing Act 1988.
    LTA 1985 also does not introduce "quiet enjoyment". That is simply a contractual provision in most leases/tenancy agreements.
    Please explain a little more about your situation.
    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).

    Comment


      #3
      Thanks for your quick reply

      The situation is far too long to go into, but essentially I am trying to complaint to the council, on behalf of my tenants.

      They are experiencing a problem due to the actions of a local business (a restaurant), and the council needs to witness this to take action. Council wants to visit my tenants every night, several times per night - indefinately - in order to do anything about the problem, and I feel that this impacts on their 'quiet enjoyment'

      Any ideas how to phrase this then?

      Thanks

      Soo

      Comment


        #4
        Can tenants not deal direct with Council? Have they insisted on your involvement?
        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).

        Comment


          #5
          Yes, they could, but it is not getting them anywhere.
          So I am trying to help them, & trying to speed up the process.

          After all, I'd not be happy to rent a place where the council had to come in every night!

          Nevermind, I'll send my letter saying it is disrupting their quiet enjoyment of the property, and leave out my reference to any acts of parliament.

          Thanks anyway.

          Soo

          Comment


            #6
            Also mention:
            a. the tort of "Nuisance". This means the escape (from land of A) of anything injuriously affecting land of B. It could be water flooding, gas, animals, or -as in your tenants' case - noise; and
            b. the statutory Noise Abatement legislative provisions.
            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).

            Comment


              #7
              Thanks again.

              I am just trying to do anything I can to help my tenants with this awful situation.

              They have had enough, and do not really understand how long the process takes.

              I shall continue jump up an down on the heads of the relevant council departments until something is done!

              Comment

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