Tenant's Rights
Discussion
Dicky Knee said:
mehmehmeh said:
Dicky Knee said:
I decided this is unfair and withheld my December rent. The managing agents said I have to pay (which I do) and it is just tough.
I have to pay the full rent despite not having full use of what I am renting.
Finally, to my question, do I have any rights at all to a rent reduction or do I just have to suck it up?
This isn't how law works. You pay it, then you go to small claims court.I have to pay the full rent despite not having full use of what I am renting.
Finally, to my question, do I have any rights at all to a rent reduction or do I just have to suck it up?
The LL is required to make repairs in a reasonable period of time & you can ask for (and should receive via a court if necessary) a rent refund appropriate to the inconvenience/loss of use. The insurance is the LL's problem not yours- it doesn't matter where he gets the repair money from, he must make good within a reasonable timeframe.
Reasonable defined as that which Joe Average would think reasonable.
rgf100 said:
Thankfully scumbags at Shelter (honestly, what planet are some people on?) have advice on revenge evictions also
https://england.shelter.org.uk/housing_advice/repa...
Shelter are a terrible organisation, scumbags is a bit harsh. Self serving agitators is more accurate.https://england.shelter.org.uk/housing_advice/repa...
I would take the view that you are entitled to some compensation for the disruption and also the delay in resolving the matter. Whilst a landlord is allowed a reasonable time to carry out repairs 3½ months is not at all reasonable for a relatively minor repair such as this. I would have thought a month was more than adequate.
As this is 3.5 months since the damage I have asked for a rent reduction. The insurers say no as 6 weeks is a reasonable time to approve the repair and they will only pay a rent reduction if the house is uninhabitable.
You have to remember that the contract is between you and the landlord, not the insurers. The landlord is legally obliged to carry out repairs within a reasonable time, and the fact that he may experience delays with insurers / loss adjusters / builders etc is his problem, not yours.
So far as the insurers’ assertion that compensation is only payable if the house is uninhabitable this is another example of Mandy Rice-Davies’s famous comment, “Well they would say that, wouldn’t they”. Needless to say it’s complete rubbish, but it’s the sort of rubbish that insurers spout on a regular basis.
With regard to the amount of compensation there are no fixed sums, and it’s very much at the judge’s discretion. Generally, however, it’s assessed as a proportion of the rent. So if 80% of the property is unusable there might be an 80% rent reduction.
In your own case we obviously have very limited information, but assuming it was just one living room that was useable and the house is a reasonable size I’d maybe suggest a figure of around 15% of the rent, equating to around £120 per week.
Assuming the work’s completed within the 3½ months that would indicate a figure of around £1,800.
So if I were you, once the work’s been completed to your satisfaction I’d be inclined to write to the landlord on these lines. Head the email / letter “Without Prejudice”, which means it can’t be used in evidence. I’d suggest (depending on what you feel is a fair level of compensation) saying you’ve taken legal advice and been told that a court would probably award in the region of £2,000 - £2,500, but that you appreciate the relationship you’ve enjoyed, and as a gesture of goodwill you’d accept (say) £1,000 provided it’s paid (or there’s an agreed deduction from the rent) within, say, 10 days.
If he accepts well and good. If you can’t do a deal you’re happy with I’d just leave it on the back burner until you leave the property. I would then make a deduction from the final rent payment, so that the onus would be on him to sue you, which he almost certainly wouldn’t bother to do.
If this isn’t feasible because of a deposit arrangement you may be able to sort it out within the deposit service’s dispute resolution procedure. If that doesn’t work either then you can, if you think it’s worth it, go down the small claim route, but if it’s defended by the landlord you should be warned that it’s a totally dismal procedure with limited prospects of success.
Either way, you should keep a good photographic / video record of the damage and a note of key dates, such as when the builder started work. These will be invaluable evidence if it ever does get to a hearing.
Keep us informed of progress.
As this is 3.5 months since the damage I have asked for a rent reduction. The insurers say no as 6 weeks is a reasonable time to approve the repair and they will only pay a rent reduction if the house is uninhabitable.
You have to remember that the contract is between you and the landlord, not the insurers. The landlord is legally obliged to carry out repairs within a reasonable time, and the fact that he may experience delays with insurers / loss adjusters / builders etc is his problem, not yours.
So far as the insurers’ assertion that compensation is only payable if the house is uninhabitable this is another example of Mandy Rice-Davies’s famous comment, “Well they would say that, wouldn’t they”. Needless to say it’s complete rubbish, but it’s the sort of rubbish that insurers spout on a regular basis.
With regard to the amount of compensation there are no fixed sums, and it’s very much at the judge’s discretion. Generally, however, it’s assessed as a proportion of the rent. So if 80% of the property is unusable there might be an 80% rent reduction.
In your own case we obviously have very limited information, but assuming it was just one living room that was useable and the house is a reasonable size I’d maybe suggest a figure of around 15% of the rent, equating to around £120 per week.
Assuming the work’s completed within the 3½ months that would indicate a figure of around £1,800.
So if I were you, once the work’s been completed to your satisfaction I’d be inclined to write to the landlord on these lines. Head the email / letter “Without Prejudice”, which means it can’t be used in evidence. I’d suggest (depending on what you feel is a fair level of compensation) saying you’ve taken legal advice and been told that a court would probably award in the region of £2,000 - £2,500, but that you appreciate the relationship you’ve enjoyed, and as a gesture of goodwill you’d accept (say) £1,000 provided it’s paid (or there’s an agreed deduction from the rent) within, say, 10 days.
If he accepts well and good. If you can’t do a deal you’re happy with I’d just leave it on the back burner until you leave the property. I would then make a deduction from the final rent payment, so that the onus would be on him to sue you, which he almost certainly wouldn’t bother to do.
If this isn’t feasible because of a deposit arrangement you may be able to sort it out within the deposit service’s dispute resolution procedure. If that doesn’t work either then you can, if you think it’s worth it, go down the small claim route, but if it’s defended by the landlord you should be warned that it’s a totally dismal procedure with limited prospects of success.
Either way, you should keep a good photographic / video record of the damage and a note of key dates, such as when the builder started work. These will be invaluable evidence if it ever does get to a hearing.
Keep us informed of progress.
Pro Bono said:
I would take the view that you are entitled to some compensation for the disruption and also the delay in resolving the matter. Whilst a landlord is allowed a reasonable time to carry out repairs 3½ months is not at all reasonable for a relatively minor repair such as this. I would have thought a month was more than adequate.
As this is 3.5 months since the damage I have asked for a rent reduction. The insurers say no as 6 weeks is a reasonable time to approve the repair and they will only pay a rent reduction if the house is uninhabitable.
You have to remember that the contract is between you and the landlord, not the insurers. The landlord is legally obliged to carry out repairs within a reasonable time, and the fact that he may experience delays with insurers / loss adjusters / builders etc is his problem, not yours.
So far as the insurers’ assertion that compensation is only payable if the house is uninhabitable this is another example of Mandy Rice-Davies’s famous comment, “Well they would say that, wouldn’t they”. Needless to say it’s complete rubbish, but it’s the sort of rubbish that insurers spout on a regular basis.
With regard to the amount of compensation there are no fixed sums, and it’s very much at the judge’s discretion. Generally, however, it’s assessed as a proportion of the rent. So if 80% of the property is unusable there might be an 80% rent reduction.
In your own case we obviously have very limited information, but assuming it was just one living room that was useable and the house is a reasonable size I’d maybe suggest a figure of around 15% of the rent, equating to around £120 per week.
Assuming the work’s completed within the 3½ months that would indicate a figure of around £1,800.
So if I were you, once the work’s been completed to your satisfaction I’d be inclined to write to the landlord on these lines. Head the email / letter “Without Prejudice”, which means it can’t be used in evidence. I’d suggest (depending on what you feel is a fair level of compensation) saying you’ve taken legal advice and been told that a court would probably award in the region of £2,000 - £2,500, but that you appreciate the relationship you’ve enjoyed, and as a gesture of goodwill you’d accept (say) £1,000 provided it’s paid (or there’s an agreed deduction from the rent) within, say, 10 days.
If he accepts well and good. If you can’t do a deal you’re happy with I’d just leave it on the back burner until you leave the property. I would then make a deduction from the final rent payment, so that the onus would be on him to sue you, which he almost certainly wouldn’t bother to do.
If this isn’t feasible because of a deposit arrangement you may be able to sort it out within the deposit service’s dispute resolution procedure. If that doesn’t work either then you can, if you think it’s worth it, go down the small claim route, but if it’s defended by the landlord you should be warned that it’s a totally dismal procedure with limited prospects of success.
Either way, you should keep a good photographic / video record of the damage and a note of key dates, such as when the builder started work. These will be invaluable evidence if it ever does get to a hearing.
Keep us informed of progress.
generally great advice from ProBono but on this specialist area I would say its too generous and not practical/beneficial to you for the following,As this is 3.5 months since the damage I have asked for a rent reduction. The insurers say no as 6 weeks is a reasonable time to approve the repair and they will only pay a rent reduction if the house is uninhabitable.
You have to remember that the contract is between you and the landlord, not the insurers. The landlord is legally obliged to carry out repairs within a reasonable time, and the fact that he may experience delays with insurers / loss adjusters / builders etc is his problem, not yours.
So far as the insurers’ assertion that compensation is only payable if the house is uninhabitable this is another example of Mandy Rice-Davies’s famous comment, “Well they would say that, wouldn’t they”. Needless to say it’s complete rubbish, but it’s the sort of rubbish that insurers spout on a regular basis.
With regard to the amount of compensation there are no fixed sums, and it’s very much at the judge’s discretion. Generally, however, it’s assessed as a proportion of the rent. So if 80% of the property is unusable there might be an 80% rent reduction.
In your own case we obviously have very limited information, but assuming it was just one living room that was useable and the house is a reasonable size I’d maybe suggest a figure of around 15% of the rent, equating to around £120 per week.
Assuming the work’s completed within the 3½ months that would indicate a figure of around £1,800.
So if I were you, once the work’s been completed to your satisfaction I’d be inclined to write to the landlord on these lines. Head the email / letter “Without Prejudice”, which means it can’t be used in evidence. I’d suggest (depending on what you feel is a fair level of compensation) saying you’ve taken legal advice and been told that a court would probably award in the region of £2,000 - £2,500, but that you appreciate the relationship you’ve enjoyed, and as a gesture of goodwill you’d accept (say) £1,000 provided it’s paid (or there’s an agreed deduction from the rent) within, say, 10 days.
If he accepts well and good. If you can’t do a deal you’re happy with I’d just leave it on the back burner until you leave the property. I would then make a deduction from the final rent payment, so that the onus would be on him to sue you, which he almost certainly wouldn’t bother to do.
If this isn’t feasible because of a deposit arrangement you may be able to sort it out within the deposit service’s dispute resolution procedure. If that doesn’t work either then you can, if you think it’s worth it, go down the small claim route, but if it’s defended by the landlord you should be warned that it’s a totally dismal procedure with limited prospects of success.
Either way, you should keep a good photographic / video record of the damage and a note of key dates, such as when the builder started work. These will be invaluable evidence if it ever does get to a hearing.
Keep us informed of progress.
reasonable time for the repairs - one aspect that would be taken into account is how long for the insurers to approve as that's what most people would have to do. How long would an owner have to wait. 6-8 weeks is a more a reasonable time frame I would have thought. A month over xmas is not. Also bearing in mind time to book in contractors so could easily be a bit longer without being unreasonable. You mentioned the actual repairs were carried out quickly so the owner was not delaying on purpose.
Whats the issue - We are talking about 1x room and that the room was perfectly useable for all the time save for a few days to remove the debris and tidy. So yes unsightly with a hole in the ceiling but useable and only cosmetic. I can't see anything to give a 15% reduction for 3 months. As said 10% for 6 weeks would be more in line with what Ive seen agreed. If you had no hot water or boiler replaced or loss of 1 of 2 bathrooms due to a flood or loss of use of a bedroom due to a leak or loss of a garage they are more sustainable inconvenience I would suggest. A hole in the ceiling is quite low down on the list of things that may need doing is a house. Often plaster will need to dry out so may be considered that a period of time had to occur to let the surrounding area dry. You have to act in a tenant like manner - its not a hotel.
Formal letters - yes can work for you but more likely work against you. If you start writing without prejudice and talking about £2500 but will settle for £1000 within 10 days or else this will 100% get the owners back up and destroy any relationship you have with them. It is more then likely for you to be given notice to leave or tenancy not renewed/increase substantially at the next opportunity.
So PB is correct - its fine if you want to do that and perfectly right to do that if you feel justified to claim the money but be prepared for a backlash if you do.
Deduct from the last months payment - not a good idea. PB is correct he wont take you to court for the money he will make a claim on your deposit and you will lose 100%. If the owner has not agreed to a deduction for inconvenience and its not in the tenancy agreement you have no grounds to deduct rent and the TA will say you have to pay all the rent with no deductions - The deposit scheme will award against you each and every time.
Start a court claim after the tenancy has ended & pics - yes you could but again would highlight that in my experience you re looking at a few hundred pounds as being justified ie 10% of 6 weeks not thousands for this type of cosmetic issue and you have the issue fees, hassle of attending court and paperwork and risk of losing. I don't think you would lose but the flip side is you wont be living there.
Also - bear in mind references will be written about you when you look to rent another property.
My best suggestion is a gentle letter to the owner for 10% of 6 weeks short and simple if you get it fine if you don't then I would not push it unless you want to move out.
keep us posted.
Edited by superlightr on Thursday 17th January 20:50
Edited by superlightr on Thursday 17th January 20:53
Edited by superlightr on Thursday 17th January 20:54
superlightr said:
reasonable time for the repairs - one aspect that would be taken into account is how long for the insurers to approve
No- the insurance is the LL's problem, not the tenant's.superlightr said:
Whats the issue ......... unsightly with a hole in the ceiling but useable and only cosmetic.
At the high level of rent being paid I'd suggest a higher standard would apply than for a cheaper place.superlightr said:
My best suggestion is a gentle letter to the owner for 10% of 6 weeks short and simple if you get it fine if you don't then I would not push it unless you want to move out.
I'm pretty sure that retliatory evictions or harassment of tenant are slightly illegal these days & viewed very dimly by the legal system.Rovinghawk said:
superlightr said:
reasonable time for the repairs - one aspect that would be taken into account is how long for the insurers to approve
No- the insurance is the LL's problem, not the tenant's.superlightr said:
Whats the issue ......... unsightly with a hole in the ceiling but useable and only cosmetic.
At the high level of rent being paid I'd suggest a higher standard would apply than for a cheaper place.superlightr said:
My best suggestion is a gentle letter to the owner for 10% of 6 weeks short and simple if you get it fine if you don't then I would not push it unless you want to move out.
I'm pretty sure that retliatory evictions or harassment of tenant are slightly illegal these days & viewed very dimly by the legal system.Its a cosmetic issue. Its being sorted just not as fast as the OP/tenant may wish - the rental price is not relevant - any repair to any value property should be done as quickly as reasonably it can be. I wouldn't expect a tenant paying £800pcm to wait any longer then a tenant paying £3500pcm.
I would recommend that you read up on the laws relating to lettings as what you have said is not correct in relation to eviction and harassment..
Retaliatory Eviction and the Deregulation Act 2015 does not apply unless the council has issued a notice of repair.
To get such a notice - The level of disrepair has to be of a serious nature under The housing health and safety rating system (HHSRS). A hole in the ceiling is not a hazard or dangerous I would suggest. For such a notice to apply is has to be causing serious risk of harm. For the OP its cosmetic. Its not structural its not going to cause any injury or harm. Have a read of https://www.gov.uk/government/publications/housing...
When a local authority of?cers inspect they will look for any risk of harm to an actual occupier of a dwelling, which results from any de?ciency that can give rise to a hazard. They will judge the severity of the risk by thinking about the likelihood of an occurrence that could cause harm and the range of harms that could result.
Ive dealt with 5 properties last year where the council have carried out a HHSRS assessment at the request of a tenants and each time they did not give a notice as the issues were not a hazard or justified. The council even if find something they are not happy with will give time to correct before giving the notice.
Harassment?
A s21 notice is an absolute legal right for a landlord to give and is not harassment. A s21 is a no fault notice. No reason has to be given. Don't understand why you think anything I have said would be harassment. You don't work for that wonderful Shelter do you?
The OP can go to the council, the OP can start a court claim - he may get something perhaps. . Ive got nothing to gain in this - just trying to help the OP get an informed view on the question he asked from the day to day working in this field.
superlightr said:
The time for the repair has to be what is reasonable that's the main point - what length would an owner have to wait and why? being a tenant does not magically move them ahead of what an owner would have to expect to reasonably wait depending on the issue at hand.
Its a cosmetic issue. Its being sorted just not as fast as the OP/tenant may wish - the rental price is not relevant - any repair to any value property should be done as quickly as reasonably it can be. I wouldn't expect a tenant paying £800pcm to wait any longer then a tenant paying £3500pcm.
I would recommend that you read up on the laws relating to lettings as what you have said is not correct in relation to eviction and harassment..
Retaliatory Eviction and the Deregulation Act 2015 does not apply unless the council has issued a notice of repair.
To get such a notice - The level of disrepair has to be of a serious nature under The housing health and safety rating system (HHSRS). A hole in the ceiling is not a hazard or dangerous I would suggest. For such a notice to apply is has to be causing serious risk of harm. For the OP its cosmetic. Its not structural its not going to cause any injury or harm. Have a read of https://www.gov.uk/government/publications/housing...
When a local authority of?cers inspect they will look for any risk of harm to an actual occupier of a dwelling, which results from any de?ciency that can give rise to a hazard. They will judge the severity of the risk by thinking about the likelihood of an occurrence that could cause harm and the range of harms that could result.
Ive dealt with 5 properties last year where the council have carried out a HHSRS assessment at the request of a tenants and each time they did not give a notice as the issues were not a hazard or justified. The council even if find something they are not happy with will give time to correct before giving the notice.
Harassment?
A s21 notice is an absolute legal right for a landlord to give and is not harassment. A s21 is a no fault notice. No reason has to be given. Don't understand why you think anything I have said would be harassment. You don't work for that wonderful Shelter do you?
The OP can go to the council, the OP can start a court claim - he may get something perhaps. . Ive got nothing to gain in this - just trying to help the OP get an informed view on the question he asked from the day to day working in this field.
^^^^absolutely agree. As for the local council check, i recently had my local council carry out a HHSRS assessment at the request of a tenant. I was bricking myself, since there were no carpets on the floors, internal doors missing, those that were in place had signs of domestic violence etc.. Assessment was passed, no issues found on health, safety and fire issues, with comment that if people want to live in that filth, then that is up to them. Its a cosmetic issue. Its being sorted just not as fast as the OP/tenant may wish - the rental price is not relevant - any repair to any value property should be done as quickly as reasonably it can be. I wouldn't expect a tenant paying £800pcm to wait any longer then a tenant paying £3500pcm.
I would recommend that you read up on the laws relating to lettings as what you have said is not correct in relation to eviction and harassment..
Retaliatory Eviction and the Deregulation Act 2015 does not apply unless the council has issued a notice of repair.
To get such a notice - The level of disrepair has to be of a serious nature under The housing health and safety rating system (HHSRS). A hole in the ceiling is not a hazard or dangerous I would suggest. For such a notice to apply is has to be causing serious risk of harm. For the OP its cosmetic. Its not structural its not going to cause any injury or harm. Have a read of https://www.gov.uk/government/publications/housing...
When a local authority of?cers inspect they will look for any risk of harm to an actual occupier of a dwelling, which results from any de?ciency that can give rise to a hazard. They will judge the severity of the risk by thinking about the likelihood of an occurrence that could cause harm and the range of harms that could result.
Ive dealt with 5 properties last year where the council have carried out a HHSRS assessment at the request of a tenants and each time they did not give a notice as the issues were not a hazard or justified. The council even if find something they are not happy with will give time to correct before giving the notice.
Harassment?
A s21 notice is an absolute legal right for a landlord to give and is not harassment. A s21 is a no fault notice. No reason has to be given. Don't understand why you think anything I have said would be harassment. You don't work for that wonderful Shelter do you?
The OP can go to the council, the OP can start a court claim - he may get something perhaps. . Ive got nothing to gain in this - just trying to help the OP get an informed view on the question he asked from the day to day working in this field.
Pro Bono said:
I would take the view that you are entitled to some compensation for the disruption and also the delay in resolving the matter. Whilst a landlord is allowed a reasonable time to carry out repairs 3½ months is not at all reasonable for a relatively minor repair such as this. I would have thought a month was more than adequate.
As this is 3.5 months since the damage I have asked for a rent reduction. The insurers say no as 6 weeks is a reasonable time to approve the repair and they will only pay a rent reduction if the house is uninhabitable.
You have to remember that the contract is between you and the landlord, not the insurers. The landlord is legally obliged to carry out repairs within a reasonable time, and the fact that he may experience delays with insurers / loss adjusters / builders etc is his problem, not yours.
So far as the insurers’ assertion that compensation is only payable if the house is uninhabitable this is another example of Mandy Rice-Davies’s famous comment, “Well they would say that, wouldn’t they”. Needless to say it’s complete rubbish, but it’s the sort of rubbish that insurers spout on a regular basis.
With regard to the amount of compensation there are no fixed sums, and it’s very much at the judge’s discretion. Generally, however, it’s assessed as a proportion of the rent. So if 80% of the property is unusable there might be an 80% rent reduction.
In your own case we obviously have very limited information, but assuming it was just one living room that was useable and the house is a reasonable size I’d maybe suggest a figure of around 15% of the rent, equating to around £120 per week.
Assuming the work’s completed within the 3½ months that would indicate a figure of around £1,800.
So if I were you, once the work’s been completed to your satisfaction I’d be inclined to write to the landlord on these lines. Head the email / letter “Without Prejudice”, which means it can’t be used in evidence. I’d suggest (depending on what you feel is a fair level of compensation) saying you’ve taken legal advice and been told that a court would probably award in the region of £2,000 - £2,500, but that you appreciate the relationship you’ve enjoyed, and as a gesture of goodwill you’d accept (say) £1,000 provided it’s paid (or there’s an agreed deduction from the rent) within, say, 10 days.
If he accepts well and good. If you can’t do a deal you’re happy with I’d just leave it on the back burner until you leave the property. I would then make a deduction from the final rent payment, so that the onus would be on him to sue you, which he almost certainly wouldn’t bother to do.
If this isn’t feasible because of a deposit arrangement you may be able to sort it out within the deposit service’s dispute resolution procedure. If that doesn’t work either then you can, if you think it’s worth it, go down the small claim route, but if it’s defended by the landlord you should be warned that it’s a totally dismal procedure with limited prospects of success.
Either way, you should keep a good photographic / video record of the damage and a note of key dates, such as when the builder started work. These will be invaluable evidence if it ever does get to a hearing.
Keep us informed of progress.
Are you actually a lawyer? As this is 3.5 months since the damage I have asked for a rent reduction. The insurers say no as 6 weeks is a reasonable time to approve the repair and they will only pay a rent reduction if the house is uninhabitable.
You have to remember that the contract is between you and the landlord, not the insurers. The landlord is legally obliged to carry out repairs within a reasonable time, and the fact that he may experience delays with insurers / loss adjusters / builders etc is his problem, not yours.
So far as the insurers’ assertion that compensation is only payable if the house is uninhabitable this is another example of Mandy Rice-Davies’s famous comment, “Well they would say that, wouldn’t they”. Needless to say it’s complete rubbish, but it’s the sort of rubbish that insurers spout on a regular basis.
With regard to the amount of compensation there are no fixed sums, and it’s very much at the judge’s discretion. Generally, however, it’s assessed as a proportion of the rent. So if 80% of the property is unusable there might be an 80% rent reduction.
In your own case we obviously have very limited information, but assuming it was just one living room that was useable and the house is a reasonable size I’d maybe suggest a figure of around 15% of the rent, equating to around £120 per week.
Assuming the work’s completed within the 3½ months that would indicate a figure of around £1,800.
So if I were you, once the work’s been completed to your satisfaction I’d be inclined to write to the landlord on these lines. Head the email / letter “Without Prejudice”, which means it can’t be used in evidence. I’d suggest (depending on what you feel is a fair level of compensation) saying you’ve taken legal advice and been told that a court would probably award in the region of £2,000 - £2,500, but that you appreciate the relationship you’ve enjoyed, and as a gesture of goodwill you’d accept (say) £1,000 provided it’s paid (or there’s an agreed deduction from the rent) within, say, 10 days.
If he accepts well and good. If you can’t do a deal you’re happy with I’d just leave it on the back burner until you leave the property. I would then make a deduction from the final rent payment, so that the onus would be on him to sue you, which he almost certainly wouldn’t bother to do.
If this isn’t feasible because of a deposit arrangement you may be able to sort it out within the deposit service’s dispute resolution procedure. If that doesn’t work either then you can, if you think it’s worth it, go down the small claim route, but if it’s defended by the landlord you should be warned that it’s a totally dismal procedure with limited prospects of success.
Either way, you should keep a good photographic / video record of the damage and a note of key dates, such as when the builder started work. These will be invaluable evidence if it ever does get to a hearing.
Keep us informed of progress.
Some of that would suggest you are not familiar with housing law, and I don't think any lawyer would ever suggest withholding rent without following the proper procedures.
If the OP has no problem in ruining his relationship with his landlord, then that's certainly an approach he could try.
Whilst there's been some inconvenience, I don't think compensation works like that for this particular scenario. Trying it on with the landlord in that tone is guaranteed to sour the relationship and put any future renewals etc at risk.
It might be dragging on, but the landlord is within his rights to claim through insurance, and as long as the landlord can show he has acted reasonably, there's not a lot you can do.
If you want compo, start making noises about being worried about asbestos in the artexing and the dust it spread when the ceiling collapses!
king mad! Buy a house you mentallist Sir Bagalot said:
You have no rights to a rent deduction at all.
LL is right in making a claim and you simply have to put up with reasonable delays.
However.
If you were my tenant, paying £3.5K pm, of 4 years standing, then I'd be calling in for a chat and we would come to an agreement to make you feel valued.
Not all LL's are as nice as me though.
Me too.LL is right in making a claim and you simply have to put up with reasonable delays.
However.
If you were my tenant, paying £3.5K pm, of 4 years standing, then I'd be calling in for a chat and we would come to an agreement to make you feel valued.
Not all LL's are as nice as me though.
I'd have fixed that inside a month - or as fast as I could employ a plasterer.
At three months, I'd be ringing my tenant to discuss a reduction and assuring you I was working to get it fixed. It wouldn't be a huge discount, If the house had 7 rooms and one was unusable, then I'd knock 1/7th off the rental for the period it was out of action. If the room was half usable then some portion of that amount.
It's not about what you as my tenant are legally entitled to, it's about what you as my customer will perceive as the sort of service that will make you want to renew.
2Btoo said:
A useful rule of thumb is to ask what you would do if you owned the house. Would you have claimed on your insurance? I suspect you would. Would you have managed to make things go any quicker? Probably not. Would you have stopped living in the house as it was genuinely uninhabitable or would you have put a brave face on the hole in the lounge ceiling in order to save money?
Agree with this.I think the OP is lucky they're not looking at him for discovering a leaking coming through a ceiling on a Saturday and doing nothing about it until the Sunday. He will have been shown where the stop cock is and should have the common sense to use it.
Edited by Black_S3 on Saturday 19th January 22:07
mikeveal said:
Sir Bagalot said:
You have no rights to a rent deduction at all.
LL is right in making a claim and you simply have to put up with reasonable delays.
However.
If you were my tenant, paying £3.5K pm, of 4 years standing, then I'd be calling in for a chat and we would come to an agreement to make you feel valued.
Not all LL's are as nice as me though.
Me too.LL is right in making a claim and you simply have to put up with reasonable delays.
However.
If you were my tenant, paying £3.5K pm, of 4 years standing, then I'd be calling in for a chat and we would come to an agreement to make you feel valued.
Not all LL's are as nice as me though.
I'd have fixed that inside a month - or as fast as I could employ a plasterer.
At three months, I'd be ringing my tenant to discuss a reduction and assuring you I was working to get it fixed. It wouldn't be a huge discount, If the house had 7 rooms and one was unusable, then I'd knock 1/7th off the rental for the period it was out of action. If the room was half usable then some portion of that amount.
It's not about what you as my tenant are legally entitled to, it's about what you as my customer will perceive as the sort of service that will make you want to renew.
Seriously, we need that for our daughter. In here for nearly 10 years now, rarely call the Landlord unless the roof is pissing down and then it’s fixed the next day. Rent always on time. Landlord has even offered to do a roof conversion to a 2 bed if we stay.
Our jobs mean no dramas if we have to relocate a bit and happy to sign a 5 years Tenancy.
Gary C said:
Why rent at £3.5K PCM
Could get a £700K mortgage for that !
Some people are on secondments, which roll on occasion, and are paid by an organisation. Not everyone wants to live here, or have a permanent residence, per popular belief.Could get a £700K mortgage for that !
I know of several C-Suite in our organisation who have apartments on different sides of the planet paid for by the organisation. It works for them, and works for the company allowing them to do what they do.
Black_S3 said:
2Btoo said:
A useful rule of thumb is to ask what you would do if you owned the house. Would you have claimed on your insurance? I suspect you would. Would you have managed to make things go any quicker? Probably not. Would you have stopped living in the house as it was genuinely uninhabitable or would you have put a brave face on the hole in the lounge ceiling in order to save money?
Agree with this.I think the OP is lucky they're not looking at him for discovering a leaking coming through a ceiling on a Saturday and doing nothing about it until the Sunday. He will have been shown where the stop cock is and should have the common sense to use it.
Edited by Black_S3 on Saturday 19th January 22:07
For clarity, I was overseas, my daughter called when she saw the water dripping and the water to the whole house was off within 60 seconds. The plumber just isolated the toilet so we could have water in the rest of the house for cooking, toilet flushing washing etc.
BobSaunders said:
Gary C said:
Why rent at £3.5K PCM
Could get a £700K mortgage for that !
Some people are on secondments, which roll on occasion, and are paid by an organisation. Not everyone wants to live here, or have a permanent residence, per popular belief.Could get a £700K mortgage for that !
I know of several C-Suite in our organisation who have apartments on different sides of the planet paid for by the organisation. It works for them, and works for the company allowing them to do what they do.
I have done the 'dead money' calculation which is roughly:
Buy a place for £1m with a £700k mortgage
Stamp Duty: £75k (I have to pay a higher rate as I have a house in Sydney)
Moving costs and legals £5k
Say 3 years interest at 2% £42k
Against 3 years renting £106k
So break even just under 3 years.
The 2 big unknowns are any capital gain or loss and how long we will be in the UK. To make it work there has to be a capital gain.
Dicky Knee said:
For clarity, I was overseas, my daughter called when she saw the water dripping and the water to the whole house was off within 60 seconds. The plumber just isolated the toilet so we could have water in the rest of the house for cooking, toilet flushing washing etc.
Fair enough, apologies... I’d read it as if the water leaking for days was why the ceiling had caved in.TVR1 said:
You both sound like a dream Landlord. Either of you have a property near North London that you want to rent? Long, long term? 2 beds garden?
Seriously, we need that for our daughter. In here for nearly 10 years now, rarely call the Landlord unless the roof is pissing down and then it’s fixed the next day. Rent always on time. Landlord has even offered to do a roof conversion to a 2 bed if we stay.
Our jobs mean no dramas if we have to relocate a bit and happy to sign a 5 years Tenancy.
Thanks. Sorry but my rental is about 100 miles to the West of London.Seriously, we need that for our daughter. In here for nearly 10 years now, rarely call the Landlord unless the roof is pissing down and then it’s fixed the next day. Rent always on time. Landlord has even offered to do a roof conversion to a 2 bed if we stay.
Our jobs mean no dramas if we have to relocate a bit and happy to sign a 5 years Tenancy.
mikeveal said:
TVR1 said:
You both sound like a dream Landlord. Either of you have a property near North London that you want to rent? Long, long term? 2 beds garden?
Seriously, we need that for our daughter. In here for nearly 10 years now, rarely call the Landlord unless the roof is pissing down and then it’s fixed the next day. Rent always on time. Landlord has even offered to do a roof conversion to a 2 bed if we stay.
Our jobs mean no dramas if we have to relocate a bit and happy to sign a 5 years Tenancy.
Thanks. Sorry but my rental is about 100 miles to the West of London.Seriously, we need that for our daughter. In here for nearly 10 years now, rarely call the Landlord unless the roof is pissing down and then it’s fixed the next day. Rent always on time. Landlord has even offered to do a roof conversion to a 2 bed if we stay.
Our jobs mean no dramas if we have to relocate a bit and happy to sign a 5 years Tenancy.
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