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You are here: Home questions Before we moved into our flat we made it clear to the landlord that it had to be quiet. The landlord assured us that noise would be no problem. Having moved in we are surrounded by families with young noisy children. Where do we stand?
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Before we moved into our flat we made it clear to the landlord that it had to be quiet. The landlord assured us that noise would be no problem. Having moved in we are surrounded by families with young noisy children. Where do we stand?

My partner and I have been renting a flat since August this year. Before we moved in, we made it clear that our only real stipulation was that the flat was quiet as we both have new senior roles in London and we need to be able to work from home and relax properly. The lettings agency and the landlord himself assured us on four separate occasions that these flats were full of professionals like us and that they are very quiet. Since we moved in we have discovered that there is a young family above us and another below us and another directly across the hall from us. The lease Ts & Cs state that all flats must have underlay and carpeted floors to reduce the noise levels but the flat above us has wooden floors throughout the flat. Every night we are awoken by babies crying and our evenings are disrupted by the child next door shouting and screaming in the halls. We have a recent mail from our landlord that says he knew about this problem before we moved in and that he complained himself when he was living there, so his assurances of quiet on our viewings were false and misleading. We have complained to the agents and to our landlord over ten times but there has been no improvement. This is affecting our work and our quality of life. We have now told our landlord that we wish to leave as the flat is clearly not fit for purpose as we can't sleep there! Where do we stand?

Have you written evidence of the assurances that your landlord made to you? If you do, you can claim misrepresentation and seek to end the tenancy on that basis, i.e that the tenancy should be ended because you were induced to enter into it because of false information given to you by the landlord and his agent. If you do not have documentary confirmation of this then any claim would have evidential dificulties. We can prepare a letter to your landlord for you for a fixed fee of £150 + VAT if you are intereseted.

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by Maria Mason last modified 2008-09-30 15:39

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