Tenants claiming for noise from upstairs

by Readers Question

3 years ago

Tenants claiming for noise from upstairs

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Tenants claiming for noise from upstairs

I have a victorian house that has been converted into 2 flats. The issue I have is that the tenants I have in the lower property are moving out due to the noise from above. But they are saying that its not from the fact the the property isnt sound proofed (standard with these types of properties) but rather that I have squeeky floorboards upstairs that they have asked to be fixed and I have never done so as I said that its an old property and thats just how things are. I would have had to get this repaired at great cost. They are saying the floorboards were so noisy that even if the tenants upstairs got up in the night they’d wake up. They have always paid rent on time and have actually been good tenants. They have now moved out BUT are now threatening legal action saying that I owe them rent compensation as the property was not fit to live in. Tenants claiming for noise from upstairs

The second issue that they are claiming for is that as part of our terms of tenancy, I was due to put a cupboard into their room which took me the best part of 2 months to find and install. They want compensation for this too!?

Are they entitled to this?

Thanks

Rob



Comments

Mark Alexander

3 years ago

Hi Rob

There are plenty of other discussion on this forum about noisy neighbours, creaky floorboards and related compensation claims from landlords against tenants. 99% of the time it's all bluster and never comes to anything..

Please see these discussion threads >>> http://goo.gl/Td7iP5
.

Rob Reidar

3 years ago

Reply to the comment left by "Mark Alexander" at "14/05/2015 - 16:16":

Thanks Mark,

I have looked at the forums and there is nothing covered about this. Its the other way around... the tenants are looking to make a claim against me (Landlord) as they are saying the property was not suitable to live in? As I own both the ustairs and downstairs flats I would be liable. Obviously best to seek legal advice on this one but if there is anyone who has experience with this it could save me quite a bit of time and money!

Mike Amapola

3 years ago

Rob, you say the tenants have now moved out - did they give the normal notice to end the tenancy ? Was the deposit situation dealt with to everyones satiisfaction ?
Have you recieved any of these claims in writing ? Did the mention of making a claim only happen after they had moved out ?
With regard to the cupboard; was this something written into the SHT aggreement or just verbal ? How long had they been tenants in the property ?

Rob Reidar

3 years ago

Reply to the comment left by "Mike Amapola" at "15/05/2015 - 14:58":

Hi Mike,

Thanks for the reply.

The short hold tenancy agreement was for 18months and I released them at 6 months. They wanted to move sooner giving notice within 3 months of living at the property and telling me about the noise issues but I kept them in the property as, by law, they had to be in the property for minimum 6 months before release (minumum SHT). I have since released their deposit (no deductions) and only once they received this back have they written to me to tell me they are taking action. They were in-fact great tenants up until this point.

They have written to me and said that they have sought legal advice and have requested a 20% refund on all rental payments made for the full duration of their tenancy - about £1,700 total over the 6 months! As the property was not fit to live in and the noise affected their daily activities i.e performance at work etc.

Regarding the cupboard, this wasnt in the contract but there are emails that they can evidence.
I feel that they have legs to request the money for the cupboard and this amounts to circa. £75 as I added £25 to the monthly rental to have this included. I probably will refund them on this but the other request is crazy and quite frankly I cant afford this!

Mike Amapola

3 years ago

I would consider writing to them stating that you understood their reasons for requesting an early release and that taking all things into account you agreed to grant their request, in addition you also released their deposit without deductions. Under the circumstances you feel that you have been fair and that you feel that you have no further obligations in the matter.
You could add that you would be prepared to compensate them, regarding the cupboard, in the amount of £75.00 .
Then sit back and wait for their response. As Mark said, often these sort of claims come to nothing. However, always be careful what you put in writing as it can sometimes come back and bite you in the bum ! 😉

Neil Robb

3 years ago

I would clearly write that you took there points on board and tried to deal with them as quickly as possible. That aside you released them for there agreement at expense to you and you have no obligation to compensate them.

Join the national landlords association cost £80 a year get free legal advice.

I had someone threaten to sue me almost two years ago emails flying what I was going to have to pay if I did not give them money. They had got legal advice and would act if I did not pay them.

I told they had a right to claim but I would defend the allegations, and I would counter claim for my expenses never heard anything again they could be trying it on.

Why would you think you would have to pay compensation did previous tenants have issues or current. If you rent a flat you would expect to hear some noise. Did they ever play music or make noise them selves.

There seems to be tenants now looking to live rent free at landlords expense.

Do not ignore their letters but don't rise to their demands. And if you have get a solicitor


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