Noisy landlady at night keeps teacher awake?

by Readers Question

14:15 PM, 11th January 2015
About 5 years ago

Noisy landlady at night keeps teacher awake?

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Noisy landlady at night keeps teacher awake?

My daughter rents a room in a 2 bed flat in Hove, the other room is the landlady’s room. My daughter is a teacher and although fun loving does like some sleep ideally between 11:30pm & 6:30am at least Sunday-Thursday!

Her landlady has on more than 20 occasions brought a man back, been very noisy, loud music playing, etc and ignored my daughter’s requests for consideration. She has tried talking to her landlady, clearly my daughter will be room hunting again very soon, but has to give one month’s notice and in the meantime needs some sleep.

Any suggestions or advice please – can she deduct any rent as she is having to stay at quieter friends when she has an extra busy workload.

Charlotte Noisy



Comments

Charlotte McDuff

13:02 PM, 12th January 2015
About 5 years ago

Reply to the comment left by "Paul Franklin" at "12/01/2015 - 12:55":

Full deposit was paid and I will check if it has been registered - thank you

Mandy Thomson

13:03 PM, 12th January 2015
About 5 years ago

Reply to the comment left by "Ian Narbeth" at "12/01/2015 - 12:24":

Deposit protection doesn't apply with lodger agreements. While lodger landlords are entitled to take a deposit, they are not obliged to protect it.

Mandy Thomson

13:24 PM, 12th January 2015
About 5 years ago

Reply to the comment left by "Charlotte McDuff" at "12/01/2015 - 13:01":

Hi Charlotte,

I don't understand how your daughter can have an AST if she is living with her landlord - these are tenancy agreements for renting self contained properties (i.e. whole flats or houses) or a room in a shared property - but only if the LANDLORD LIVES ELSEWHERE.

In order for your daughter to have an AST in this situation, the "landlady" would in fact be her co-joint tenant and they would then both be directly renting from the main landlord, either on the same or separate ASTs OR, as I suspect (as this is a common mistake) the "landlady" didn't understand the difference between a lodger agreement and an AST and used an AST - if this is the case, it's the arrangement, NOT the form of document that informs your daughter's tenancy status - in the eyes of the law, she would still just be a licensee, not a tenant, under a lodger agreement, as she lives with her landlord (whether that person owns the property or rents it as a tenant is irrelevant). Google "What's a lodger?" for information about the difference between a tenant and a lodger.

Ian Ringrose

13:24 PM, 12th January 2015
About 5 years ago

I expect that there is not a AST, as this sounds like a lodger not a tenant.

I think the best option is for the daughter to just move, and be willing to get a CCJ if the landlord does not return any of the deposit.

Steve Masters

13:25 PM, 12th January 2015
About 5 years ago

"... and in the meantime needs some sleep."

My son uses earplugs when he wants to get an early night and they work well for him. Your daughter should invest in a pair, £1 or so well spent I suspect.

Steve.

Paul Franklin

13:39 PM, 12th January 2015
About 5 years ago

Reply to the comment left by "Mandy Thomson" at "12/01/2015 - 13:03":

Good point! Residet landlords don't need to protect deposits. Though still worth checking your paperwork to see if it has been. In any case, when thinking about witholding rent etc you need to take into consideration that your landlord has a deposit.

Michael Barnes

13:47 PM, 12th January 2015
About 5 years ago

Ensure that your daughter raises the issue of nighttime noise with prospective landlord before agreeing to lodge elsewhere.

Charlotte McDuff

14:20 PM, 12th January 2015
About 5 years ago

Reply to the comment left by "Steve Masters" at "12/01/2015 - 13:25":

Already has them if only it was that easy! She has shared accommodation for several years so pretty tolerant and wise

Jay James

15:08 PM, 12th January 2015
About 5 years ago

Reply to the comment left by "Charlotte McDuff" at "12/01/2015 - 14:20":

Hi Charlotte

Whatever the legalities, would it be practical for your daughter to move out within one week / one month?

Jay James

19:47 PM, 12th January 2015
About 5 years ago

Reply to the comment left by "Ian Narbeth" at "12/01/2015 - 12:24":

Do you not know how to act professsionally and without missing a posters point unless it is spelt out in basic detail?

However, had you engaged with what was said instead of in unprofesssional conduct, you may have realised something different.
Ie that I have known what is implied into rental contracts for many years but was dejected at there being nothing effective that I and lodgers can do unless LLs act decisively and in days not months. (Some may disagree on the latter point.)

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