landlord_007 Posted November 29, 2011 Report Share Posted November 29, 2011 My tenant has reported that the people living downstairs have been making too much noise until very late hours of the morning which is causing nuisance and impacting their lives, specially at work. The people living downstairs are council tenants so my tenants and estate agents have already called the council and environmental health officers. I have spoken to council and they say they are looking into it. They are into 2 months of 6 months contract and want to terminate the contract on the basis that they are not getting peaceful environment to live, but this is something beyond my control as council has to deal with this and it will take its own time. However, what I need to know is where I stand in this. Can the tenants terminate the contract in this situation? Link to comment Share on other sites More sharing options...
Richlist Posted November 29, 2011 Report Share Posted November 29, 2011 Contracts cannot be terminated by any one party. Your tenants can leave whenever they want to, neither you or anyone else can stop them, irrespective of how far they are into their contract. They will of course still be liable for paying you rent and other outgoings for the full term of the contract.....but leaving is entirely their choice. Noisy neighbours are nothing to do with you, its not your responsibility. The tenants can complain to the relevant authorities and get the matter resolved just as easily or with the same degree of difficulty as you. Remind them that landlords are not in possesion of a magic wand to make everything they don't like, better. Don't these people make you laugh.......they think that because they are paying rent they have some overidding benefit above everybody else. They'll just have to grin & bear it. I have tenants at the moment who are particularly noisy .....how shall I say.....in the bedroom department ! A delicate subject to discuss, at the best of times.....and more of a problem for me, probably, than them.....I'm the one who is likely to feel far more embarrassed than them. But, nevertheless, discuss it I have....once. I won't be raising the issue with them again, having fulfilled my duty as a landlord by telling them that the walls are thin and the neighbours can hear every word, squeak, grunt and moan. The neighbours who complained to me will have to take the matter up themselves however they see fit. Link to comment Share on other sites More sharing options...
Grampa Posted November 29, 2011 Report Share Posted November 29, 2011 Totally agree they can move at the end of the fixed term or you can agree to try to find a new tenant and any extra costs incured by you they will pay. Link to comment Share on other sites More sharing options...
landlord_007 Posted November 29, 2011 Author Report Share Posted November 29, 2011 1322581681' post=17640] Contracts cannot be terminated by any one party. Your tenants can leave whenever they want to, neither you or anyone else can stop them, irrespective of how far they are into their contract. They will of course still be liable for paying you rent and other outgoings for the full term of the contract.....but leaving is entirely their choice. Noisy neighbours are nothing to do with you, its not your responsibility. The tenants can complain to the relevant authorities and get the matter resolved just as easily or with the same degree of difficulty as you. Remind them that landlords are not in possesion of a magic wand to make everything they don't like, better. Don't these people make you laugh.......they think that because they are paying rent they have some overidding benefit above everybody else. They'll just have to grin & bear it. I have tenants at the moment who are particularly noisy .....how shall I say.....in the bedroom department ! A delicate subject to discuss, at the best of times.....and more of a problem for me, probably, than them.....I'm the one who is likely to feel far more embarrassed than them. But, nevertheless, discuss it I have....once. I won't be raising the issue with them again, having fulfilled my duty as a landlord by telling them that the walls are thin and the neighbours can hear every word, squeak, grunt and moan. The neighbours who complained to me will have to take the matter up themselves however they see fit. Thanks Richlist I think the estate agent was playing games and tried their best so that I would agree to terminate the contract on tenants complaints. I have stuck to my guns and said that they can walk out but they are liable to pay rent for rest of the contract period. I have been on phone to council and have sent a complaint to them. Do you think this is more than what I am supposed to be doing? Thanks in advance Link to comment Share on other sites More sharing options...
landlord_007 Posted November 29, 2011 Author Report Share Posted November 29, 2011 1322590884' post=17645] Totally agree they can move at the end of the fixed term or you can agree to try to find a new tenant and any extra costs incured by you they will pay. Thanks Link to comment Share on other sites More sharing options...
Richlist Posted November 29, 2011 Report Share Posted November 29, 2011 I have been on phone to council and have sent a complaint to them. Do you think this is more than what I am supposed to be doing? You aren't actually 'required' to do anything at all, although, many landlords would probably make an effort to either speak with the noisy residents or do as you have done. I would suggest that you now back away, advise your tenants of the action you have taken todate (perhaps thru your agents), ensure they understand you will not be drawn into further involvement and that any further actions are the tenants responsibility. Its at times like this, when tenants are likely to walk away, that its a lot less stressfull to have the back up of either rent guarantee insurance or a guarantor. Link to comment Share on other sites More sharing options...
landlord_007 Posted November 29, 2011 Author Report Share Posted November 29, 2011 I have been on phone to council and have sent a complaint to them. Do you think this is more than what I am supposed to be doing? You aren't actually 'required' to do anything at all, although, many landlords would probably make an effort to either speak with the noisy residents or do as you have done. I would suggest that you now back away, advise your tenants of the action you have taken todate (perhaps thru your agents), ensure they understand you will not be drawn into further involvement and that any further actions are the tenants responsibility. Its at times like this, when tenants are likely to walk away, that its a lot less stressfull to have the back up of either rent guarantee insurance or a guarantor. Thanks Richlist again. Luckily I do have the rent guarantee and legal cover. I did manage to speak to the legal team of the insurance company and they said exactly what you said. Link to comment Share on other sites More sharing options...
Stella Posted December 14, 2011 Report Share Posted December 14, 2011 That's actually shocking, I must say. I'm a tenant with noisy neighbours, Richlist, please dismiss my message. Really really shocking, that landlords say their tenants should bear it. They are paid by their tenands after all. Unbelievable. Really unbelievable. I wish every landlord who just shrugs the problems off, would have to live for two years straight with noisy neighbours, that might give them an idea how horrible it is. Sorry for the rant. Link to comment Share on other sites More sharing options...
Richlist Posted December 14, 2011 Report Share Posted December 14, 2011 Stella, Normally landlords have no control on who the neighbours are, how they act, wether they are noisy or not etc etc. Tenants have to bear the same responsibility for reporting a problem to the authorities as an owner occupier would. An owner occupier would be paying a mortgage but his lender won't provide any help to him/ her anymore than a landlord should provide help to a tenant. Its the tenants problem and the tenants responsibility to sort. Many landlords will get involved but paying rent doesn't provide a tenant with a person who will sort these things out for them. Take control of the situation .....complain, noisily and often to the RIGHT people....that is not your landlord. Talk to your local councillors, citizens advice, your MP, local council etc.....visit your councillors on their surgery days. Alternatively, you can move. Noise does tend on travel downwards so flats on lower floors notice an issue much more than flats above. A few comments/ tips: 1. Top floor flats are likely to be quieter than lower floors. 2. Modern building regs require quite considerable levels of insulation/sound proofing.....something older flats don't have. The newer the flat, the better the sound proofing......but usually the more expensive. 3. Try to avoid houses converted into flats.......they will often be noisier than purpose built flats UNLESS its a very recent conversion (with lots of sound proofing). 3. There will never be a guarantee that you will not have the same situation wherever you move to. Good luck Link to comment Share on other sites More sharing options...
Grampa Posted December 14, 2011 Report Share Posted December 14, 2011 That's actually shocking, I must say. I'm a tenant with noisy neighbours, Richlist, please dismiss my message. Really really shocking, that landlords say their tenants should bear it. They are paid by their tenands after all. Unbelievable. Really unbelievable. I wish every landlord who just shrugs the problems off, would have to live for two years straight with noisy neighbours, that might give them an idea how horrible it is. Sorry for the rant. Typical example of a tenant wanting a extra service that a owner occupier wouldn't have. I had a tenant the other week who was told it would take 3 days to get the part to repair the cooker. The tenant wanted his take away meals paid for during those 3 days and a discount off the rent. Guess what my reply was? Link to comment Share on other sites More sharing options...
chickpea Posted December 14, 2011 Report Share Posted December 14, 2011 That's actually shocking, I must say. I'm a tenant with noisy neighbours, Richlist, please dismiss my message. Really really shocking, that landlords say their tenants should bear it. They are paid by their tenands after all. Unbelievable. Really unbelievable. I wish every landlord who just shrugs the problems off, would have to live for two years straight with noisy neighbours, that might give them an idea how horrible it is. Sorry for the rant. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted December 14, 2011 Report Share Posted December 14, 2011 Actually T's have more opportunity for official consideration, it's their peaceful existence that's affected. It's only the LL's business that 'may' be affected. Link to comment Share on other sites More sharing options...
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