Unresolved ongoing noise problem

[JoeChip]

Hello everyone,

I am writing to ask for advice on a matter. I will explain the situation as briefly but detailled as possible.

In December 2007 I moved to a rented flat with my wife and daughter. We have a 6 month tenancy agreement. Unfortunately the upstairs neighbours have been causing noise disturbance at day and night, almost every night. the upstairs flats are also owned by our landlord. The issue has been put to our landlord and a meeting was arranged with tenants living above us to resolve this issue plus a few minor ones (parking, not cleaning communal area, and not locking main door to building) The meeting has not resolved the issues. We have asked the Letting Agents to shorten our tenancy agreement and they have twice verbally agreed to do. I have an email with a vague but conditional agreement as well. see below for text cut from the email

"However, I have agreed with Mrs **** that if the issues prove not to be resolved within the agreed timescale then we will release you early from your agreement."

I have checked other websites and I believe that I cannot withold rent on this issue. leaky taps, faulty heating yes but lack of sleep and stress due to other neighbours ...no.

Where do I stand if I do decide to withold rent? If served notice and the eviction date is earlier than the 6 month tenancy date ( 7th June 2008 ), would I be liable for rent between that period? As an example if they serve notice for eviction for April 1st 2008 would I have to pay April and may's rent?

I just want to get my family out of the place as quick and amicably as possible but don't see why I should have to financially suffer due to Letting Agent and Landlord not resolving the problem.

This is not to batter Landlords and Letting Agents but to get some advice and an idea where I stand legally

[Aequitas]

First of all, you cannot bring the tenancy to an end on account of a failure by the landlord to comply with the terms of the agreement. But your problem here in any event is that your complaint is against the other tenant, not the landlord.

Having said that, it does appear that the landlord/agent has tried to resolve the problem and made a tentative offer to release you from the contract. I think the best you can do is to keep pressing.

[JoeChip]

thanks for your reply. I will be speaking to CAB and LA again

One of the other issues involving locking of the main door has not been resolved either. I was told by the LA that the landlord would be fixing the door locking mechanism. This hasn't been done yet. Meeting was a week ago and still no work on it. Quite surprising as the LA said it was a security problem and if there was a fire God forbid or other accident it would invalidate insurance claims. Any suggestions to get this bit resolved?

I think the problem lies with both the other tenants (directly) and LA (indirectly) If the LA or LL are not enforcing their own tenancy agreements and we are suffering because of that surely there must be something we can do?

[MrShed]

If you have a problem with noise, contact Environmental Health. It is not the landlord and/or Letting Agents responsibility, even indirectly.

However, you can force the repair of the front door lock. Write them a letter, giving them a 7 day timescale to repair it, and state that if it is not repaired, then you will get quotes and have the work performed, and deduct the cost from the rent.

[JoeChip]

Hello to all,

apologies for delay in replying. Thanks for advice. I have spoken to CAB but it does not sound promising for us. Was advised to speak to EH. My wife has spoken to LA again regarding this ongoing problem. We have been given another verbal assurance and email that we can end our tenancy agreement early

Below is a snippet from an email sent out by LA today

"I have also spoken to the landlords father and he has advised me that it will be fine to release you from the contract early, I have also asked for this to be put in writing as soon as the Landlord get back from holiday. Please also keep this email as confirmation that you will be able to be released from your contract early until I can get it in writing."

Any advice on how I should approach LA on this thye keep being vague but I feel it is moving in the right direction albeit too slow imho

Sounds promising but would probably not stand up in court if it came to it. I am concerned that it is not specific enough. What happens in these situations when the LL is on holiday?

With regard to the door mechanism. The other tenants are stating that the closing mechanism is faulty and door will always slam. It does take some time in closing (about 15 seconds but I believe it is not faulty) Funnily I have no problem with it, nor does my wife. The fact is they cannot be bothered to hang around for 10 seconds to ensure the door does not slam.However LL was supposed to look at it to ensure that mechanism is ok and set to close to reduce noise even if left to shut by itself. Not exactly a repair