Q: The floorboards upstairs are very thin and we hear everything. Can we break the lease without any penalty?
The neighbour is not unruly, she is just living her life but the hours are late and because of her walking she keeps waking us up. My wife is 5 month pregnant and this is causing us a-lot of distress. We approached the landlord to ask if he would carpet the floor but he declined.
We have asked if he would allow us to break the lease so we can find somewhere quieter and he has sent us a letter stating the clause in the lease that we have broken. Do we have any grounds to break the lease without any financial penalty?
A: Yes. You have stated the legal basis for a finding that the landlord has breached the implied covenant of quite enjoyment. It is a condition that I presume you were not aware of, and could not have become aware of prior to signing the lease. Write him to that effect, and tell him that if he does not correct the problem, which I presume can be corrected, then you will give him 30 days notice and move out.
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