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Rent deduction whilst flat be repaired?

I am just wondering if tenant has rights to ask for rent reduction when landlord is carrying out some renovation/repair work.

My partner and I rent a 2 bedroom top floor flat which we use one of the bedroom as an office because we work from home. We had a roof leak few month ago and consequently the ceiling and walls in our bedroom and office were damaged badly and had to be redecorated.

As our sash windows are in a poor state, LL also wants to have them repaired at the same time so that the decorator and paint everything altogether. We had to move out of our bedroom and slept in the lounge for 3 weeks because I have asthma and highly allergic to dust. It took 2 whole days to clean off all the dusts in the bedroom top to bottom.

LL's decorator just told me that he needs to repair the remaining windows all at the same time, which means we can't use lounge, office, dinning rooms, and kitchen for at least a week. I can't stay in our flat because I am asthmatic. Can I ask for some sort of compensation since my living spaced has been disrupted.

Thanks.

Comments

  • blckbrd
    blckbrd Posts: 454 Forumite
    edited 17 November 2009 at 12:53PM
    According to the Tenancy Agreement Service you cannot withhold but you may be able to make a claim once works are complete.

    'Disruption' section - bottom quarter of page.

    http://www.tenancyagreementservice.co.uk/repairing-obligations.htm

    Although Shelter say you can make a claim while the work is going on.

    http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_social_housing/disruption_and_poor_work
    Opinion, advice and information are different things. Don't be surprised if you receive all 3 in response. :D
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    blckbrd wrote: »
    According to the Tenancy Agreement Service you cannot withhold but you may be able to make a claim once works are complete.

    'Disruption' section - bottom quarter of page.

    http://www.tenancyagreementservice.co.uk/repairing-obligations.htm
    I am suspicious of this one

    The tenant must ensure the property:
    • ...
    • Is not smoked in by themselves or others
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • tbs624
    tbs624 Posts: 10,816 Forumite
    edited 17 November 2009 at 1:16PM
    blckbrd wrote: »
    According to the Tenancy Agreement Service you cannot withhold but you may be able to make a claim once works are complete.

    'Disruption' section - bottom quarter of page.

    http://www.tenancyagreementservice.co.uk/repairing-obligations.htm

    Although Shelter say you can make a claim while the work is going on.

    http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_social_housing/disruption_and_poor_work

    The 2nd link you have given there refers to tenants in social housing, ie the council, housing associations etc but it sounds as though this is a private LL, so not applicable.

    A T may not withhold rent but I don't think that's what the OP was asking - s/he referred to "compensation", but what s/he could discuss is a partial repayment of the rent by the LL.

    Try here for more info

    Cybervic - whilst recognising that it's more difficult for you if you have asthma, do bear in mind that the property being in a better condition should benefit you once its been done ( assuming that you will be staying put for a while) There are many Ts who would be only too happy for their LL to be getting on with repairs issues.

    Keep it in perspective, negotiate the matter with the LL in a friendly way: ask for proper dust sheeting to be used and for the decorator to clear up properly as he goes along. If you really do have to vacate the property for a week you may want to have a chat with the local Council's private sector rentals officer for their suggestions.

    .
  • blckbrd
    blckbrd Posts: 454 Forumite
    I am suspicious of this one


    The tenant must ensure the property:
    • ...
    • Is not smoked in by themselves or others


    Bit odd. It may be to do with passive smoking when people are working in your home but it is very vague.
    Opinion, advice and information are different things. Don't be surprised if you receive all 3 in response. :D
  • Id be more worried the l/l would use it as an excuse to put the rent up! which remeber he cant do during the period of your fixed tennancy. (or something legal)
    Debt free since July 2013! Woo hoo! The bank actually laughed when I said I have come in to cancel my overdraft.
  • Flower08
    Flower08 Posts: 4,771 Forumite
    cybervic wrote: »
    I am just wondering if tenant has rights to ask for rent reduction when landlord is carrying out some renovation/repair work.

    My partner and I rent a 2 bedroom top floor flat which we use one of the bedroom as an office because we work from home. We had a roof leak few month ago and consequently the ceiling and walls in our bedroom and office were damaged badly and had to be redecorated.

    As our sash windows are in a poor state, LL also wants to have them repaired at the same time so that the decorator and paint everything altogether. We had to move out of our bedroom and slept in the lounge for 3 weeks because I have asthma and highly allergic to dust. It took 2 whole days to clean off all the dusts in the bedroom top to bottom.

    LL's decorator just told me that he needs to repair the remaining windows all at the same time, which means we can't use lounge, office, dinning rooms, and kitchen for at least a week. I can't stay in our flat because I am asthmatic. Can I ask for some sort of compensation since my living spaced has been disrupted.

    Thanks.

    I think its definitely worth discussing with your landlord.

    When we lived in a garden flat, our landlord decided half way through our tenancy that work needed doing to the back of the house. He said it would cause minimum disruption - it turned out we had no access to our garden, the builders etc used our water and electricity supply, caused a right mess on a daily basis in our kitchen.

    The only reason we rented a garden flat was for our cat, she couldnt go out for well over a month - when we complained to him he knocked 100 pounds off oiur rent for the inconvienience and to cover the costs of electric and water that as used by the workmen.
    Biggest Loser Weight Loss: 13 / 20 lb
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