Housing Solicitors

A family renting in London have been threatened with eviction after their neighbours complained about their 15 month old baby was crying. They were warned by the management firm that if the noise continued they would be given two weeks’ notice to leave the property.

Mr and Mrs Wurth live in a privately rented, top floor flat in a converted house in Hammersmith, west London. They share the flat with their three year old son and 15 month old daughter. They were shocked when they received an email from the managing agent telling them that a complaint had been made in reference to their baby crying.

“…at 5.30am this morning a baby was crying and stamping and then further noise started again at 6.54am, which woke one of the other tenants in the property. We have subsequently liaised with your landlord and are instructed that we are to agree arrangements with you to vacate the property as soon as possible.”

They received a second email some time later which told them;

“…if this continues we will have no choice but to issue a Section 8 notice, which will give you two weeks' notice to vacate"

A Section 8 notice - which refers to the Housing Act 1988 - can be issued by a landlord in order to evict a tenant before the end of their tenancy agreement. A Section 8 notice can be issued on the grounds of anti-social behaviour, rent arrears or a breach of contract. The anti-social behaviour covers being a ‘nuisance’ to neighbours, however, a court would have to decide if the claims are considered reasonable.

Mr Wurth explained how the family have always been careful about making excessive noise, stating that they don’t own a television or stereo.

“We have been very careful about noise," he said. “But if landlords rent to a family with young children, it is unrealistic to think that a baby won't cry sometimes.”

The managing agent said that the Wurths were in breach of their contract, stating;

“…they were causing disturbance to the other occupants of the building...not only relating to noisy children, but also other noise nuisance.”

They added that they had a responsibility to their other tenants who have the right to quiet enjoyment.

The Wurths now face uncertainty as they wait for further details to emerge.

Duncan Lewis Housing Solicitors

If you have neighbours whose behaviour is disruptive and having a negative impact on your life, and attempts to discuss the issue with them have been unsuccessful, Duncan Lewis Housing Solicitors may be able to help. Duncan Lewis Housing Solicitors can guide clients in any matter or issues arising with local housing authorities, housing applications, tenants, landlords, ownership and repairs. The Duncan Lewis housing team specialises in representation in all social housing proceedings including reviews, appeals and judicial review relating to homelessness, disrepair, succession for tenants and neighbourhood disputes against local authorities.

If you have any housing related queries or require representation please do not hesitate to contact our team of expert solicitors on 0333 772 0409.