Nightclub nightmare
Question
We have just rented a flat and are appalled by the behaviour in our street. We live above a shop so during the day there is no problem. The problem happens during the night as we have now found there is a nightclub two doors down the road. We were not told it was there when we moved in.
The problem is that people are in the street until 3am making noise, swearing and blasting out car stereos. It has come to the point where we just want to go and find somewhere quieter to live. We are expecting a baby in a few months and the noise won't help. We have a six-month break clause but that is not for five months. Can you tell us what we can do please to either quieten the street or leave the tenancy?
Answer
Most people that rent privately are assured shorthold tenants. The following advice is based upon this.
Unfortunately, your landlord would not have had any obligation to tell you about the nightclub. Shelter produces a free guide called 'getting the right place'. Even if you follow this guide, it is still not a guarantee that you won't have problems with another area.
If noise from the nightclub is causing you problems, you could contact your local council for advice.
You say that you have a break clause in your agreement at six months but would like to leave your tenancy earlier. You're liable for your rent until your tenancy can be ended. If you want to leave early the only option may be to discuss the problems with your landlord. Your landlord may agree to you leaving early. If this happens, try to get the agreement in writing.
If you leave early without your landlord's permission you could be charged rent until your tenancy is ended. The landlord can apply for a court order to make you pay what you owe. The court will decide whether you should have to pay your landlord the money or not. The landlord may have to show that they have tried to find another tenant for the property but hasn't been able to do so. If the landlord has managed to let out the property they can't claim rent from you after the new tenant moved in. If the landlord has made no effort to let out the property the court is likely to reduce the amount of money you will have to pay.
Doing a runner may also make it harder for you to find a new home. Most private landlords ask new tenants for references from previous landlords and are not keen to rent to anyone who has abandoned a tenancy in the past, or has a history of rent arrears.
You could talk to someone at a local advice centre to see if they can help. An advisor may be able to check your agreement and help you negotiate with your landlord.
Updated: 15/04/2010
Question answered by Shelter
