Can somebody please help in answering my Question about where I stand and if I have any rights to leave and terminate my tenancy agreement.
I moved into a new flat 3 days ago. I’m a Gay Man who has numerous health problems including Cancer.
I moved into the property after signing a 12 month AST agreement. I was on Housing Benefit for my previous property and have reapplied for the new flat who have yet to pay any rent to the landlord as they’re still processing the Housing Benefit claim.
I myself paid the first months rent and a deposit to the landlord.
The second day of living in the property, I was on my phone and about to enter the building, I’d just put the key in the door and I ended my phone call, I sound effeminate which gives it away to people that I’m gay. As I’m speaking on the phone. A man on the other side of the street shouted to me are you Queer well that was he meant! He actually didn’t finish the end of the word QUEER and quickly changed it to GAY. I replied to him that it’s none of his business and told him not to be so nosey.
I was very offended by this man, I don’t need any prejudice from anyone and I won’t take it either. I lived in my last property for over three years and all the Neighbours were nice.
It’s left me with a sour taste in my mouth and made me feel that I don’t Actually want to live here.
Also it’s very very noisy outside and with my health problems including cancer. I need to live somewhere where there’s peace and quiet so that I can rest.
I’m seriously thinking of asking my old landlord if I can move back into my last property.
My question that I need help answering is. I had to have a Guarantor sign the tenancy agree with me.
And if I was to move soon, do I have a leg to stand on?
I spoke to the landlords agent on the phone today and told him to tell the landlord that I’m not happy here after suffering a hate crime against me being more or less called a Queer in the street and not happy with all
The issue you are having is unrelated to the property and totally out of landlords control. Your only hope is that the landlord allows an early termination (surrender) of tenancy which is unlikely.
You and your guarantor are liable for rent, utilities and council tax for the length of the AST unless this happens.
You may feel totally different in a few weeks, it’s just way too early to know how it will be. One bad experience should not deter.
It’s the noise outside that is unbearable. As I said I’m a cancer patient and I need peace and quiet to rest
And when I have a round of chemotherapy it takes everything out of me and I’m dreading trying to get through the chemotherapy living here as I need a calm peaceful place to rest.
I’m on disability benefits because of other health conditions and Housing benefit will be paying the majority of the rent and I will pay the rest.
I’d be willing to pay the landlord about four months full rent myself as a goodwill gesture if he was to let me surrender the tenancy. I really would not want the landlord to make my guarantor (Who is my Sister) to pay the rent for the rest of the twelve months.
If it came to it, and it would be a struggle but I’d pay it myself as Housing benefit would not pay it.
Even with me being a cancer patient and living here would be detrimental to my health. Is there no way legally that I would have a leg to stand if I moved before the end of the twelve months.
I forgot to say . I moved from the last property because there’s a problem with drunks and homeless people wandering into the grounds of the building as access is completely open, there’s no gates to the building. But at least there was peace and quiet. Could not hear any noise in the property from outside
I have previously allowed tenant to surrender tenancy due to a change of circumstances, it certainly doesn’t hurt to discuss things.
Just an idea, triple glazing can make a huge difference. I am aware of it used in flats over a really busy main road and you hear nothing at all with windows shut. Is suggesting you will pay feasible? You may only need to do windows on the front and so not that expensive? Or secondary glazing even.
Edit
This may be opening a can of worms, there can be plenty of other ways sound can enter.
Whilst the behaviour you describe is unacceptable, your landlord is responsible for the provision of the property not the surrounding neighbourhood or neighbours. So in answer to your question whether you have any right to terminate the agreement, from what you have described and from the circumstances described, I read nothing that would give you the right to terminate the AST.
Whilst early indications suggest you may be regretting your decision to move to the property, the landlord is not responsible for this.
I would suggest making contact with your landlord to perhaps ask to terminate early and offer to cover all costs including remarketing but they are under no obligation.
Have you suffered a hate crime? You said yourself he was asking as to your sexuality
Did he then go on to abuse you because if it or say anything detrimental or offensive?
If you are going to get upset as soon as 1 person comments then you are going to be moving about a lot as unfortunately there are some offensive people out there
You say that its the noise outside that is unbearable however make no referwnce to that in your original rant
Did you not view the property various times before miving in to see what the noise was like
I do appreciate your ill however you cant expect everyone outside to be quiet because it suits you
Personally if you will forgive my bluntness
I think your moaning about things that are uncontrollable and if you are that easily offended by 1 person asking you if you are gay (and in all fairness you didnt say why he was asking you) then you need to toughen up a bit and accept that in life there are people that are going to say things that arent nice
I mentioned in my original rant that I was on my phone outside the door to the building and that my voice is very effeminate and a dead giveaway that I’m Gay. And the man shouted across the road Are you Queer but before sounding the last letter R. He quickly changed it to Gay. And it just made me think that some of the people round here are not very nice
I thought I did mention the noise problem in my first rant. I do know that I wasn’t able to finish my original rant as I must have used up permitted space in the box
Thanks for your reply, as to your suggestion as maybe offering the landlord that I pay for his marketing costs. Have you any idea what the charges are usually like? He advertised this property on RightMove website.
Yes, I’ve heard of it. I was thinking of asking my last landlord if I could move back into the property as I never had any problems with noise there and I was there for three years and he was very sorry to let me go as I’d been a good tenant and always paid my rent on time
Yes the Q does mean a gay person who refers to and identifies themselves as Queer.
It’s not offensive to oneself when you address yourself like that. It’s a Bit like when a Black person Addresses themselves by using the N word. It’s only a derogatory offensive term when someone who is not Black calls you or refers to you by using the N word