Ending our Tenancy Agreement

[TKD]

Hi there,

 

My partner and I have just moved into a property with our one year old son, and we are afraid for our lives. The people above us (several young men and women who come and go all day, every day) are appalling, playing loud music for 18 hours a day. We have had the police round often with disputes between themselves, they bang on walls, threaten each other with 'i'm gonna slit your f***ing throat' type remarks etc. My partner won't leave the house alone.

 

I've spent hours thinking of a way out of this! And I hope I have one..

 

We paid our tenancy deposit on the 25th January, and it's the 10th and still no certificate/proof of the deposit scheme etc.

 

Now, is that 14 WORKING days, or does it include weekends? Because obviously I think that would be the best way out of this, if they haven't complied with the TDS regulations. And will that be enough to end this tenancy early? I mean if they have put it into a scheme, but just not sent the info in time, will a judge just say 'Well they've complied to most of the rules, so this is a waste of time' and throw it out of court, even given our situation?

 

I've spoken to a solicitor and he seems to think that these cases do NOT always win..

 

Just looking for some tips and friendly advice.

 

Many thanks, TKD.

[Joa]

Relying on TDS here is dangerous. TDS has nothing to do with allowing you to leave early. You can se it as an informal leverage to force the landlord to agree for you to leave early but what if the landlord doesn't? Even if you are sucessful in your TDS court action, that will not terminate the tenancy.

Talk to the landlord; this tenancy can be terminated by agreement of both parties (in writing, needless to say). Talk to Shelter and your local community support coppers.

As far as I am aware, rowdy and scarry neighbours are not landlord's responsibility (unless s/he is also their landlord- check it out!) so you cannot blame the landlord.

Are drugs an issue? If premises are being used for the production or use of drugs the police can issue a closure notice. A closure notice can lead to a closure order, which means that the house must remain unnoccupied for a period of time.

 

And finally, the **** neighbours' landlord (who may or may not be your own landlord) can take action against the behaviour. Their tenancy agreement may contain an express clause prohibiting certain types of behaviour, for example, harassment, drug dealing or noise. Breach of the tenancy agreement may constitute a ground for possession.

 

This is not going to be straightforward andyour action needs to be directed at as many agencies as possible: police, environmental health (noise), local private housing advice office.

Good luck!

[MrShed]

Agree 100% with Joa. The important thing to note is that you CANNOT terminate the tenancy early without the agreement of the landlord, irrespective of the position with the deposit.