Rented Accomodation & Noisy Neighbours, HELP!!!

[John506]

We live in a 3 storey building with 2 flats on each floor, we are on the middle floor.

We are at the end of our teather with the neighbours above because of their noise, and it's not just general walking about noise that we are annoyed with, for instance as I am writing this thread they are having a party on their balcony, a bunch of yobs jumping up and down on it, spitting and throwing cigy stumps on our balcony, and playing music.

I've spoke to them on several occasions regarding the noise to which they apologise, but it has no effect.

I have also phoned my letting agent to which they said there is nothing they can do because they are not renting from them. I think they have bought the apartment.

The thing I want to know is, I have just signed a contract for another 6 months but don't think I can stick it that long. Do I have any rights to say to my letting agents we are not paying £600 a month to live there with constant noise, cancel the standing order and move out?

Where do I stand as far as the contract is concerned?

Any advice is apprectiated.

Thanks.

 

[Karinska]

I would have thought that your contract would have details of your right to cancel i.e. how much notice you have to give.
If they do own the flat above, I guess your only course of action would be to contact the Environmental Health Dept. (I think) of your local council but I think they would only get involved if the level of noise was above that permitted.

 

[John506]

Good idea I haven't thought about looking through the contract.

My mum is a community support officer and she said you will get nothing from either phoning the police or the environmental because it is classed as such a low grade emergency.

She has offered to knock up bless her but I don't want to get her involved.

I've never felt as stressed as I do lately from it!!!

 

[daneski88]

The 6 month contract that we issue to our tenants contain provision for 1 month notice to quit from either party.

 

[John506]

With regards to giving notice, it just says.

"To give a minimum of one calendar month prior to notice in writing if you do not intend to renew this agreement, such notice not to be given at any time before the penultimate month of this agreement."

But can I over ride this if I am not recieving my part from the landlord, for example in the contract it says in a nutshell no noise after 9.00pm, which the other neighbours are not abiding to, so do I right to say I am not recieveing what I agreed to?

I really don;t have a clue when it comes to legal issues.

 

[John506]

The 6 month contract that we issue to our tenants contain provision for 1 month notice to quit from either party.

Is that even if you are only 1 month into your current contract?

 

[daneski88]

The 6 month contract that we issue to our tenants contain provision for 1 month notice to quit from either party.

Is that even if you are only 1 month into your current contract?

Yep - the 6 month part of it describes an agreement of how many people are allowed to stay there (within our HMO licence, so a bit different from your arrangement I'd imagine), together with what's included in the price, plus details of deposit etc.

Your's may be different of course, but 1 month's notice is regardless of when the contract was signed (to be honest, the two people that have left over the last couple of years worked out their deposit as their last couple of weeks rent, since there was no damage other than natural wear and tear. Mind you, in London where the property is, it doesn't take very long to find new tenants).

 

[John506]

Where do you think I stand in telling my letting agency to stick the contract up their hooter as I am not paying to live below neightbours that have no consideration for anyone else.

I have already phoned them up and asked them to do something to which they said they can't, so to me they can't do anything about it, so now I have right to leave?

 

[daneski88]

The trouble is that they may not be able to do anything about it, so there's not real point you getting shirty with them.

As I said, different contracts have different rights of termination - ours is based on information from sites such as this which provides details for you too (looks like 35 days notice needed from either party). Depends on whether you want to get your deposit back(which should be in an accredited account anyway which means your landlord can't keep it on a whim, and you have a right for arbitration anyway).

 

[daneski88]

With regards to giving notice, it just says.

"To give a minimum of one calendar month prior to notice in writing if you do not intend to renew this agreement, such notice not to be given at any time before the penultimate month of this agreement.".

This refers to your intent whether you are going to renew the contract or not (basically says "don't bother letting us know too soon"), and does not make reference to your notice to quit the flat.

 

[Karinska]

With regards to giving notice, it just says.

"To give a minimum of one calendar month prior to notice in writing if you do not intend to renew this agreement, such notice not to be given at any time before the penultimate month of this agreement."

But can I over ride this if I am not recieving my part from the landlord, for example in the contract it says in a nutshell no noise after 9.00pm, which the other neighbours are not abiding to, so do I right to say I am not recieveing what I agreed to?

I really don;t have a clue when it comes to legal issues.

It seems to me that your contract does not allow you to cancel at any time other than 1 month before the end i.e. after 5 months. It specifically says that you can only give notice that you do not wish to renew it.
If the people in the flat above own it, the clause in your contract about no noise after 9.00pm only relates to you and not them as your landlord is not their landlord and therefore cannot tell them what to do!
Neither your landlord nor the letting agent is responsible for them being a 'nuisance' to you.

 

[daneski88]

I have yet to see anything quoted from the contract that refers to notice to quit the apartment.

 

[John506]

So as far as you know there is nothing I can do?

I'm going to go to the citizen's advice bureau because it's ridiculous living conditions, it's not fair that me and my gf should have to put up with it.

 

[Karinska]

It can't hurt to try the CAB but try not to get angry with them if they don't say what you want them to say!
Unless, as daneski says, there is another clause in your contract referring to 'notice to quit', I'm afraid it looks like you're going to have to put up with it until your contract runs out.
If you leave before that, you'll not only lose your deposit but any rent you've paid in advance as well.
If the noise nuisance continues late in the evening/night, I'm not sure exactly what time but the CAB should know, then the Council will get involved and pay them a visit.
Sorry I can't say anything more positive

 

[daneski88]

So as far as you know there is nothing I can do?

I'm going to go to the citizen's advice bureau because it's ridiculous living conditions, it's not fair that me and my gf should have to put up with it.

Unfortunately, as Karinska has pointed out, if the upstairs flat isn't owned nor managed by the same people or company that yours is, then it will become a civil dispute between neighbours (you and the thoughtless tw*ts upstairs), which could last forever and a day.

The "good" news is that you are probably well within your legal rights to give 35 days notice to quit your flat without fear of loss of your deposit. As the management company will only get its 15% (or whatever it is) share of the rent if the flat is occupied, then it will be in it's own interest to act against the nuisance neighbours if has any way of doing so. Either way, they will suddenly be able to resolve the issue, or you're outta there and you will be in your new place within the next few weeks.