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Alien Monkey

Problems With Downstairs Neighbours

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Hi,

I just stumbled upon this forum whilst looking for advice for my problem. Here is my situation.

I have recently moved into a rented apartment, and whilst the letting agent was showing me round I asked why the previous tennant had moved out and if there were any problems with the neighbours.

He answered No to this question, and let my know that the previous tennant had wanted to move into a house so that was the reason for him leaving.

Now, since I have only lived there since March, I have had a lot of noise issues from the apartment below. Aside from banging doors, this consists mainly of shouting between two people, and usually happens late at night. I also have the occasional smell of cannabis drifting into my apartment, but this can also be smelt regularly in the communal area.

The previous tennant came round to collect some post, and I happened to mention these problems to him and if he'd experienced anything. He told me he had reported to the letting agents on numerous occasions but nothing was ever done. He'd visited the noisy apartment in question one time at 4am in the morning to ask them to keep the noise down, to be met with a tirade of abuse and to find his car tyres slashed in the morning. This was also reported to the letting agents and was ultimately the reason why he left.

I am on a fixed term contract for 12 months (I have 9 months left) and especially as I have my 4 year old daughter at the weekend, I do not want her being disturbed at night time as she has been in the past. I also do not want her to have to endure the foul smelling stale cannabis stench.

Where do I stand in the way of terminating my contract early because the letting agents failed to tell my of these problems they were already aware of?

Thanks.

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If the previous tenant hasn't made a formal complaint to the police, it would be more difficult, are you sure you do not have a break clause?

Also, you are to enjoy your property quietly - so, write a letter to your agent and landlord and ask them to sort the problem out and call police - we had a "house party" which finished at around 3 am - next time we were made aware there will be a party, although we didn't hear a thing.

One police visit was all it took.

Other opinions?,

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Assuming that the previous tenant has gotten his deposit back already, I would suggest that you ask if they would be kind enough to put in writing the reason that they left, and that they had contacted the agent on numerous occasions and perhaps forward on the emails to you. Then at least you'll have something written down to show that the agent knew all about it. What you do with that I know honestly know as I have a horrible feeling that lettings agents will say anything to get you to sign, and once you do, then there isn't much you can do about it. You could put in a police complaint report about the cannabis and the shouting I guess, although I don't expect much will happen. If you are feeling particularly brave you could go and complain and then stay up the rest of the night filming your car so that when the tyres get slashed you can go to the police.

You can also go and shout at the letting agent, best to do that when you see other possible renters in the office and as loudly as possible.

We had bad downstairs neighbours like that when we lived in a maisonette a few years ago, pretty much the same issues (minus the tyre slashing - late night shouting, smell of pot drifting up the stairs. Pair of scumbags they were.

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Do a search for 'noise' across the forum and read those threads. The constant message you will see is unless you are willing to be the crazier one in the conflict, just move.

I would gather the evidence from the previous tenant, and document when you asked the estate agent about why he moved out, then write to the estate agent AND THE LANDLORD saying that you wish a no fault break immediately. Say you are experiencing stress, alarm, and are not sleeping or able to relax in your home. Say you would not have rented if the agent had disclosed the known information beforehand.

******* estate agents

Oh, and ******* politicians for failing to bring in proper noise regulations that are enforced.

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Wherebee

If I'm not mistaken each property is rented and the tenant is to have a quiet enjoyment of the property - in my opinion the contract is null and void, but the legality of it - how I hate the politicians protecting btl at all cost!!!

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The moral of the story - ask for a reference from the previous tenant (complete with a contact name and address, so that you can verify its authenticity independently of the LA) before signing.

As for the cannabis smell, I'd just dial 999 the next time it's in evidence and tell the police that drug-taking is clearly taking place at this address, here and now, because you can smell it.

Edited by The Ayatollah Buggeri

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As for the cannabis smell, I'd just dial 999 the next time it's in evidence and tell the police that drug-taking is clearly taking place at this address, here and now, because you can smell it.

:lol: good luck with that

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Keep a diary of and a copy of every communication you have with the letting agent. Also of every incident with downstairs.

Then if you have to leave before full term and they take you to court you would need this evidence.

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For this kind of reason I always rent on initial 6 month ASTs. If there is a problem you don't have too long to endure it. Renting has flexibility going for it, seems odd to sign that away.

I have noted that when I insist on 6 months only initially but make it clear I will stay on longer some landlords are reluctant to take me on and argue for a longer term. If they don't back down from that position I conclude there IS a problem of some sort and it's gone from the short list. Also beware those that have been on the market too long, whats wrong with it?

Sorry that doesn't help the OP, just a useful rule for the future!

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sounds like you may have a case under section 2 of the misrepresentation act 1967 if the answer is yes to the following:

1. Had the agent have given you disclosure of the previous complaints would you have not entered into contract?

2. Did the previous tenant make complaints to the same letting agency?

As far as I can understand this would give you a claim against the principal in the agency relationship, in this case the LL. You would be entitled to rescission of the contract and return of monies you've expended in moving to the place.

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sounds like you may have a case under section 2 of the misrepresentation act 1967 if the answer is yes to the following:

1. Had the agent have given you disclosure of the previous complaints would you have not entered into contract?

2. Did the previous tenant make complaints to the same letting agency?

As far as I can understand this would give you a claim against the principal in the agency relationship, in this case the LL. You would be entitled to rescission of the contract and return of monies you've expended in moving to the place.

Thank you for al the replies. My answer is 'Yes' to the two points raised above.

The previous tenants were renting from the same agents, as are the problem tenants below.

I will be seeing the agents on Saturday morning as they are over for the initial "3 month inspection". I will voice my concerns with them then, and follow up with a letter.

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Thank you for al the replies. My answer is 'Yes' to the two points raised above.

The previous tenants were renting from the same agents, as are the problem tenants below.

I will be seeing the agents on Saturday morning as they are over for the initial "3 month inspection". I will voice my concerns with them then, and follow up with a letter.

update?

You HAVE to make them pay in time or money. If you do nothing, then it's worth their while doing nothing about noisy scum. If everyone complains correctly, estate agents will start to actually do their job.

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I've repeatedly had the same problem myself (in different properties).

The police will do nothing, nor will the council, and landlords and letting agents couldn't care less. You will just be chasing bureaucracy whilst your neighbours make your life a misery.

Unfortunately I've found that asking people who do such things, in a reasonable and calm manner, to do otherwise doesn't help, either they don't take your concerns seriously (often disrespectfully so), or refuse to even answer the door.

On most occasions I've put up with far more than I should have (I hate confrontation and do everything to avoid it), snapped (when behaviour has been particularly disrespectful, such as loud music late at night in the middle of the working week), and ended up making physical threats.

I feel bad for behaving that way afterwards, and what makes it worse is that often the people I've confronted have ended up being sychopantically nice to my face out of fear (when in the past they wouldn't have even bothered to say good morning).

Sadly, it's the only thing that has worked for me.

Edited by GradualCringe

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I've repeatedly had the same problem myself (in different properties).

The police will do nothing, nor will the council, and landlords and letting agents couldn't care less. You will just be chasing bureaucracy whilst your neighbours make your life a misery.

Unfortunately I've found that asking people who do such things, in a reasonable and calm manner, to do otherwise doesn't help, either they don't take your concerns seriously (often disrespectfully so), or refuse to even answer the door.

On most occasions I've put up with far more than I should have (I hate confrontation and do everything to avoid it), snapped (when behaviour has been particularly disrespectful, such as loud music late at night in the middle of the working week), and ended up making physical threats.

I feel bad for behaving that way afterwards, and what makes it worse is that often the people I've confronted have ended up being sychopantically nice my face out of fear (when in the past we they wouldn't have even have bothered to say good morning).

Sadly, it's the only thing that has worked for me.

Yes, sadly threats of physical violence are often the only way. I used to work with a guy who tried to evict non-paying tenants through legal channels. Took so long without a result that he hired some heavies to go round and kick them out.

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I've repeatedly had the same problem myself (in different properties).

The police will do nothing, nor will the council, and landlords and letting agents couldn't care less. You will just be chasing bureaucracy whilst your neighbours make your life a misery.

Unfortunately I've found that asking people who do such things, in a reasonable and calm manner, to do otherwise doesn't help, either they don't take your concerns seriously (often disrespectfully so), or refuse to even answer the door.

Lesnar-602x451.jpg

On most occasions I've put up with far more than I should have (I hate confrontation and do everything to avoid it), snapped (when behaviour has been particularly disrespectful, such as loud music late at night in the middle of the working week), and ended up making physical threats.

I feel bad for behaving that way afterwards, and what makes it worse is that often the people I've confronted have ended up being sychopantically nice to my face out of fear (when in the past they wouldn't have even bothered to say good morning).

Sadly, it's the only thing that has worked for me.

Sounds about right. Even with all our complications - us humans can be pretty simple creatures.

If you were the same size and looked like this bloke ? I imagine noisy neighbours causing you hassle would simply not exist. A wee knock on the door and the most polite pleasant request would suffice. You wouldn't even need to get angry or threat violence. The way you look would do that all without words.

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If you were the same size and looked like this bloke ? I imagine noisy neighbours causing you hassle would simply not exist.

That, or earning a lot more money to live in better neighbourhoods.

I'm not sure which is the more realistic of the two.

Edited by GradualCringe

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My last fight was in about 1977 when I won by grabbing Martin Rileys foot as he kicked me in the playground. I wear Ben Sherman.

But when I go to complain about noise in Asia, I make myself look like an angry, unshaven, gwailo towering over them in a death metal Tshirt. I'm a big guy. Big! I lower my voice tone a few octaves.

always works.

In the UK I found it more effective to get the landlords home number and rang him every time the people below me made a noise. 1am, 2am....you get the idea. He evicted them pretty quick.

In short, no one will help you - you have to help yourself.

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In the UK I found it more effective to get the landlords home number and rang him every time the people below me made a noise. 1am, 2am....you get the idea. He evicted them pretty quick.

Neat solution.

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