Student in trouble with landlord

spongebobsmum

New Member
Jurisdiction
United Kingdom
Student in trouble with landlord


Hi,


I have been renting in a private student halls in London from November. There has been a severe noise pollution problem with a group of students keeping everyone else up until 6am 4 nights a week (yeh it's ok for a week but it gets tired pretty quick when it's your home).


Despite numerous complaints from lots of students the problem was not rectified until March this year. The management reacted very slowly and rules they set down were simply not enforced which made the problem worse.


I have withheld payment since January and I now owe the company thousands of pounds in unpaid rent.

At present I owe the company about C£5500. It will be C£7500 when my contract ends.


I have gathered evidence in the form of testimonials from other students and also a noise diary. I also made recordings of the noise but unfortunately I think I've lost/deleted them in a move.


I am seeking compensation from the company for:

a). costs i incurred from having to travel back home to get proper rest.

b). The general disruption and stress that the issue has caused me (e.g. I have failed 4 exams which I can attribute in part to not having a decent place to stay at night).


My questions are these:

1. How can I estimate a compensation figure for the stress and disruption?

2. I would like to end the contract early how can I go about this?

3. If this goes to court am I in a strong position or a weak position?


More generally does anyone have any advice?


Thank you!


Victoria
 
My guess is that you'll be sued for the delinquent rent and you won't be entitled to any compensation for anything else.

My advice: Pay up and quit tilting at windmills.

However, since I know nothing about UK law, I suggest you find a UK law forum or discuss this with a UK lawyer.
 
My guess is that you'll be sued for the delinquent rent and you won't be entitled to any compensation for anything else.

My advice: Pay up and quit tilting at windmills.

Hi, Are you able to offer any reasoning for this?
 
I'm not licensed to practice law in your country.
But, I can use my common sense.
It's never a good idea to tread the dangerous path of rent withholding.
 
Hi, Are you able to offer any reasoning for this?

Sure.

I was a landlord for twenty years. It's what I would do and, frankly, would have evicted you for non-payment long ago.

Again, I don't know anything about UK's landlord tenant laws so I strongly suggest you consult a lawyer before you continue a crusade that might blow up in your face.
 
Sure.

I was a landlord for twenty years. It's what I would do and, frankly, would have evicted you for non-payment long ago.

Again, I don't know anything about UK's landlord tenant laws so I strongly suggest you consult a lawyer before you continue a crusade that might blow up in your face.

Okay okay. I appreciate the advise thank you.
I will see what I can get and pay up, but I don't like it.
The noise has been appalling and it is not a silly student gripe. I like a party but this was crazy, lots of people just upped and left but I couldn't find anywhere reasonably priced to go and unfortunately I don't know the terms that they left under.

I think being able to sleep should really be part of the terms of service for an responsible accommodation provider/landlord.

Anyway I'll pay the guys with loads of money so I can then try and claim some money back even though it's gonna cost me a load of money to try which I won't have.

Leverage vs the Law.
 
But if you don't withhold rent where's your leverage?

Your leverage is in court.

In the US there is an implied (often expressed by statute) covenant that a tenant is entitled to quiet enjoyment of the property he occupies (doesn't mean just noise) and if the landlord doesn't uphold that covenant the landlord can be punished by the court.

In the US there is also the option of filing a nuisance lawsuit directly against the people making the noise.

And, in many cases, the disturbed party calls the police and the police break of the party and often issue citations to the noise makers.

So, you see, there are all sorts of potential remedies. All withholding of rent gets you is evicted.
 
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