Deceived into renting, had a hellish experience and now landlord wants to sell

[nicknock]

Hi

 

We moved in to our rented property at Christmas 2017. We both work from home and took the property based on being able to do just that. My fiancé has a photography studio set up here with regular clients coming to the house.

 

In May we found out that the neighbours had sold a patch of their garden to a builder who is now building a house on the land. The noise is unbearable, we are woken up every morning at 7 and we can't use the garden because of the noise and dust. The neighbours are also having their remaining garden paved by a separate company who also make noise from 7am. To top it off, our other next door neighbour have just started work on their house so we have to deal with hammering and banging all day on that side too.

 

The landlord claims he knew nothing about any of it, which is rubbish and the builders have confirmed that they have had extensive conversations with him as part of the planning process and he in fact moved out of the house because of the construction.

 

We have already asked for a rent reduction as we have been deceived in to moving in and the worst part is we pay nearly £2k in rent to live here! In this beautiful weather, we haven't been able to enjoy the garden at all.

 

I have spoken to a solicitor who has told me whilst the landlord did have a moral obligation to tell us about the work, he unfortunately didn't have a legal obligation, which I just cannot believe!

 

We have spoken to the builders who have now said they will try not to do noisy work before 8am, but even minor work causes enough noise to disturb us. We have to have the windows open because of the heat and there is no escape from it!

 

We've requested a rent reduction but the landlord said no and we would have to pay to get out of our contract. There is another month left of the building works and we just don't feel like we can cope with it anymore.

 

We're both being woken up in a state of stress and anxiety and its impacting on our work and our health!

 

Is there really nothing we can do!?

[ericsbrother]

get on to the council envoironmantal health dept and ask them to inspect. Building work is seen as temporary so legal enforcement a bit harder and unless you asked your LL about any potential nuisance there is nothing to make him tell you. Be aware that councils also have things to say about using domestic premises for commercial purposes so I would avoid mentioning having customers calling as that may change the designated use of the property

[sgtbush]

Noise from construction works

 

Councils can serve a notice on people carrying out construction or demolition works and tell them how the work should be carried out to avoid a potential statutory noise nuisance.

 

The notice can specify any of the following:

•a noise level

•the plant or machinery that can be used

•the hours when work can be done

•steps that need to be taken to minimise noise

 

Those failing to comply with the notice can be prosecuted and fined an unlimited amount, with further fines for each day that they fail to comply.

[nikkikitch]

Hi,

 

Thanks both for your replies.

 

They aren't doing anything outside of working hours, apart from a couple of mornings when they've started at 7am instead of 8am which they said they will stop.

 

The issue is we haven't been able to use our garden in peace for what will soon be 3 months out of a 12 month contract.

 

Just infuriating we weren't told and that we have taken the house based in it being perfect for work and we pay a fortune for the pleasure!

[ericsbrother]

problem is that a road drill at 20 paces wont be over the threshold for statutory nuisance if less than 6 hours a day in the daytime

[nicknock]

Hi

 

Ive posted about our issues at our property before but things have now changed, again.

 

We were deceived into renting a home which we'd planned on staying at for at least two years.

 

For the last year we've had to deal with building works on both sides of us. One being a full new house build and the other side completely renovating their house, including basement excavation and other things that have basically made our life hell. We then receive a letter from next door saying they have planning to build an extension. joy.

 

Both neighbour's have told us that our landlord knew about all of this. He had the house up for sale initially, but obviously wouldn't have been unable to sell it with all the building works. He has wilfully let it out to us on the basis of being able to stay as long as we like and made no mention of the building works.

 

We were told last week that we could extend our tenancy for another 12 months if we wanted to, but then we've had a call today to tell us the landlord actually now wants to sell and will be ok with weekly viewings HA.

 

Our lives have been so disrupted already that honestly we feel like being difficult about it, however I know that legally we do have to allow reasonable viewings. However its at our discretion whether we tell prospective buyers about the ongoing and now further planned building works next door.

 

The lettings agency have said they'll find somewhere else for us, but then of course we'll have all the associated costs of re-referencing, moving costs etc.

 

Honestly we feel like withholding rent for the last few months by way of compensation but I don't think we can do this legally. I have read similar stories where people have been successful with the Ombudsman.

 

Any advice on legally where we stand with compensation for all of this!?

 

Thanks

[honeybee13]

Hi.

 

 

I've merged your old and new threads to keep the history of this together.

 

 

HB

[45002]

For Reference, Another thread on another forum by OP on same subject....

 

 

 

https://tinyurl.com/yae3zzry

 

 

 

 

 

 

 

....

[Spudzulu]

Please DO NOT withhold your rent, in fact don't think about that again. If you were to do so then you will just place your landlord in a better position to get rid of you. IF it was me I would resign for another 12 months because if he does sell then you are in a great position to negotiate an early release from the agreement.

 

If there is no rent outstanding and/ or regular missed payments I do not believe he will be able to use Section 4 to get rid of you. If he does sell its going to be with you as sitting tenants, for the remainder of the tenancy anyway. That will give the some breathing space if he refuses to not negotiate.

 

1. Agree to a 12 month renewal asap

2. Agree to responsible viewings

3. Wait until he has a concrete offer (this will be when he tell you as he will have to provide a rough date to the buyer)

4. Negotiate your compensation

 

Of course this is just what I would do, it may not be the best advice. However no one is going to disagree with me when i say DO NOT WITH HOLD RENT

 

Spud

[nicknock]

Hi

 

Our tenancy ends in December and he doesn't want us to resign so thats out as an option unfortunately.

 

Thanks

[ericsbrother]

then you become tenants on a rolling monthly contract and he still has to follow procedures and until he does sell up there is little chance of getting an eviction in a hurry.

[nicknock]

I just wanted to update this:

 

We asked for half rent for the remaining three months of our lease but our landlord offered to give us one month rent free in January in return for viewings and access. We also asked that we be rehomed by the agency without having to pay referencing fees again.

We were promised we could have the property for two years by the agency and only recently told we could extend the tenancy to be told a week later he was actually selling.

 

I cannot explain how horrific it has been having construction on one side and full house renovation project on the other. We have evidence showing our landlord knew about both.

 

We have gone back with our terms and now the landlord has clearly spat his dummy and revoked the month rent free in January. We hadn't paid this months rent whilst we were negotiating and from the tone of the email, it sounds like he now wants to try and evict us. I understand he can't do this until we're in arrears by 30 days, is that right?

[Spudzulu]

DO NOT WITHHOLD RENT

 

I thought that you understood not to do that, you have just put him in a better position. You could also anger the agency, who have no obligation to do anything for you.

 

I am sure the experts will be along, but in the meantime, it would help if you could clearly state how long you have left on the agreement and have you missed or been late with any other rent payments.

 

If I was you I would be paying that rent and at least be pretending to be sorry, however, I am not an expert.

[nicknock]

We have until 22nd December left, all other rent payments up to date. From what I can gather, he couldn't serve any kind of notice until the rent is 30 days late? Which it isn't? As long as we pay our rent for the remainder, then he can't do anything?

[Spudzulu]

so you are going to wait until he serves you notice then? I will leave you with it.

[nicknock]

I don't know, that's why I'm asking the best thing to do? If we pay it, then he cant do anything right? The agency email said the offer had been revoked and they now no longer require access for viewings haha, ridiculous, so he's obviously banking on getting us out but he can't right?

[stu007]

Couple of links for you:

 

Evicting tenants (England and Wales): https://www.gov.uk/evicting-tenants/section-21-and-section-8-notices

 

Section 21 eviction: http://england.shelter.org.uk/housing_advice/eviction/section_21_eviction/section_21_eviction_process

 

If you get a section 21 notice: https://www.citizensadvice.org.uk/housing/renting-privately/during-your-tenancy/if-you-get-a-section-21-notice/

[nicknock]

HI,

 

Thanks for this. Just trying to determine how much notice he needs to give us. We will pay the rent, but it's a week late. Is that grounds for a section 8?

[Spudzulu]

The information is in the links provided. Is it a case of you are refusing to pay him or you won't?

 

Has he served you notice to leave of the 22nd, and very importantly, is he expecting you to leave?

 

The most important thing to remember is that he just can not come round and kick you out, any eviction would have to go through the court system and that could take time to get to that point, certainly after Christmas, but then think about your reference.

 

However, you must remember that this is not going to be a permanent solution, he will get you out. If I was him and all my ducks are in a row then I would serve you with a Section 21, 8 weeks notice and you are out.

 

Again you could try to frustrate that process but it would only delay and it would again damage any reference.

 

You have been provided with some great advice and all the information is in the links. I also notice that you have been on other forums, so I am not sure why you have not got any further.

[nicknock]

No we're not refusing to pay him. We were negotiating on damages for the noise issues and deception. He offered a free months rent in January after we'd asked for half rent for the remainder of our tenancy. He refused that then revoked the offer of a months rent free. We haven't been served with anything at all yet. Im just trying to understand the process as there is so much conflicting information out there.

 

We can pay the rent today, it's a week late, so I don't think thats enough to serve a section 8 is it?

 

In any case, we are leaving the property, it's just how soon. We wanted to stay to the end of January as obviously don't want to have to move right before Christmas.

[nicknock]

And you're right, there is information on the links thank you, however it says that we could be served with a section 8 with 7 14 days- 2 months notice, that's a pretty big difference, so I'm trying to understand how it works and what case he has to get us out sooner rather than later if any!

[Spudzulu]

In that case, then I would today just try and negotiate with him. It is within his best interest to have someone in there until he sells, there is no point in having an empty rental.

 

As for the rent, no it would have to be the equivalent of 2 months for a statutory eviction and then it would have to go to court and then the court would have to give you notice.

 

Try to talk to him, you want to leave but not until January. He had offered a free month so see if he will put that back on the table.

[Spudzulu]

There are no reasons why he can serve you a section 8 and even if he did, he could not come around and kick you out after two weeks. He would then have to court and if you did not come under any of the statutory reasons then he would have to argue his case.

To terminate a fixed term tenancy, landlords need to use one of the common mechanisms, if any of them applies:

 

Serve a section 21 eviction notice with a date taking effect on the last day of the fixed term and a minimum of two months between the date it is served and the date it takes effect

 

Serve a section 8 eviction notice if the tenant has breached the tenancy agreement (e.g. has entered into rent arrears)

 

Obtain a possession from the court and have the county bailiffs to enforce it upon the evicted tenants

 

Make use of a special “break clause” in the tenancy agreement that allows them to end the contract early

 

He wants you out, but to make you leave is going to cost him time, effort and money. SO it is within his best interest to come to some sort of arrangement.

 

NOTHING is going to happen quickly if he goes for eviction. Again, I am no expert but so I am sure you will get some more advice coming along later.

[Spudzulu]

I have just taken five mins to read your posts on the other site. You have been given clear advice but you keep asking the same question.

 

I wish you well, however, I am out.

[nicknock]

I have just taken five mins to read your posts on the other site. You have been given clear advice but you keep asking the same question.

 

I wish you well, however, I am out.

 

If I had been given clear advice, I wouldn't waste my time asking for clarity. The .gov website and the hundreds of other sites say different things. Some say he can give as little as 7 days notice, some say 2 months. Thanks for your input so far.