Rent reduction du to lengthy unexpected bathroom work?

Friar_2

I moved into a new place recently and the tiles in the bathroom were coming away from the Walls. As part of the contract the landlord agreed to fix them.

3 months later work starts and the Walls are stripped back to plaster and tile grout. The decorator says the Walls are wet and need examining by a damp specialist. This was back on August 10th.

A damp specialist cones and schedules work for the end of August. So we have a bathroom with bare walls, and we cant use the shower - just the bath - as a result for this entire time. As part of the work the entire bathroom is ripped out and disconnected from Monday to Thursday night.

On Thursday it's all put back and replastering is finished. However it's going to take 2-3 weeks to dry before tiling and start which will take another 3-4 days.

So looking like we get our bathroom back around the end of this month.

My question is... Are we entitled to any rent discount?

The landlord has offered 4 days as we were without a bathroom at all for this long, but no discount for having to use a bathroom with 4 tileless Walls. The landlord says that we were aware that work needed doing in the bathroom - we said we were aware but thought it would be over in less than a week, not 6 weeks! The estate agents are useless - "nothing we can do we dont manage it. Get a rent reduction afreed in writing from your landlord"

Who should we contact if we want to appeal? And do we have a case?

Thanks for reading.

Annisele

The estate agents aren't so much "useless" as "right". The dispute is between you and your landlord, and it doesn't have anything to do with the estate agent. So - don't bother contacting the estate agent with any thoughts of appealing.

Shelter publishes a bit of information on claiming rent reduction for disrepair (I've assumed you're in England).

Is there just one bathroom/toilet in the house?

Friar_2

Thanks for the reply.

I should have clarified the estate agent has been more or less avoiding my calls and then took a week to reply to my email with a "Sorry, not my problem" reply. He didnt give details of any further steps I could take, or any indication if he thought I was being (un)reasonable and had a case or not. I guess he doesnt have to - he has finished his job. But a little customer service and maybe a refferal to the CAB or whoever would've helped me. It would have helped him keep my custom in the future too.

It is the only bathroom in the flat.

I'm trying to work out if this is an act of God and I'm turning into a "where theres blame theres a claim" guy (which I dont want to be) or whether I am paying for a service and not receiving it. Obviously Im leaning towards the later right now, but I'm open to opinions.

kmmr

So, to be clear, its not unexpected bathroom work, just longer than expected.

Are you entitled to a reduction? Probably not legally for anything other than the 4 days where you didn't have facilities. The other days where you have a bath you can't legally claim, although I would be pretty annoyed if I only had a bath option for any length of time.

It's all a negotiation! If you can keep it amicable, then it's better for the LL to have a reliable tenant who will stick around with a nice new bathroom, rather than risk a void. But you never know. Some LL's will be of the 'but you should be grateful you are getting this new bathroom' approach, and some will be more realistic. Remember the LL is also suddenly dealing with a much larger cost that expected, so may not be keen to also lose money on the rent.

I realise that is not your issue, but just consider that this is not stress free from the other side too.

BitterAndTwisted

You took on the property with the full knowledge that the bathroom was going to undergo a refurb while you were in occupation. That there were possible additional works required which were not necessarily foreseeable was unfortunate. As the landlord has offered you a rent-reduction already I consider that quite reasonable under the circumstances.

You could decide to press for an additional rent-reduction but you should consider how that could impact on your future relationship with your landlord. If it's a good property and you're happy living there and want to continue doing so I would suggest that you accept the discount offered, sit tight and look forward to enjoying your nice, new bathroom once it's finished.

tbs624

Friar wrote: »

Thanks for the reply.

I should have clarified the estate agent has been more or less avoiding my calls and then took a week to reply to my email with a "Sorry, not my problem" reply. He didnt give details of any further steps I could take, or any indication if he thought I was being (un)reasonable and had a case or not. I guess he doesnt have to - he has finished his job. But a little customer service and maybe a refferal to the CAB or whoever would've helped me. It would have helped him keep my custom in the future too.

The key thing here is that an LA acts for the LL, not for you as a T, and if he is only used as a tenant-finder then the repair/maint issues are nothing whatsoever to do with him.

Are you saying in effect that you will have been without the use of a shower (because of the damp walls/lack of tiling ) for 5 months by the time all is likely to be dried out?

Or that you have been unable to use the shower from August 10th up to 2/3 weeks from now so around 7/8 weeks?

You say that you were aware prior to signing up for the tenancy that there was a problem and that the LL rectifying it was made part of the contract: was a time factor included?

Yes, as a T, when you are used to being able to shower, only having a bath available whilst a LLs workmen take their time is a PITA but you perhaps need to get it into perspective. You have still had access to hot water & washing facilities, for all bar the 4 days, and many Ts would be only too delighted if their LLs sorted out any damp issues that were discovered during the course of the work.

Some LLs *would* offer you a greater discount but others wouldn't without being pursued for it.

Unfortunately, pushing a LL in these circs may well lead to a s21 to coincide with the expiry of your fixed term or alternatively, when the FT expires, a not too distant increase in rent in an attempt by the LL to recoup losses.

Is this a property you'd want to stay longer in ? Is the rent "good" for the type of property/area?

As th ework is clearly in progress, I'd take the 4 days rent rebate and ask the LL to get a dehumidifier in whilst the bathroom is not being used, to speed up the drying process

You could have a chat with the local Council's TRO (private sector housing) if it drags on much longer and see what thier views on it are.

Friar_2

Thanks for the replies. Seems like good advice.

The Landlord has already gone down the road of how much time, effort and money its costing them - especially as an overseas owner. To be blunt, but hopefully not rude, I dont care - thats their responsibility as a property owner, which is what I told the Landlord.

It seems that leagally as long as the Landlord is trying to get works done, then teh length of time is irrelevent unless, I assume, it is disproportionate.

So we will have to suck it up, take our 4 days of rent free living and newly tiled bathroom as a bonus.

tbs624

As you mention that your LL is an " overseas owner" which UK address does he provide you with for the service of notices relating to the property? If no UK address provided, no rent due from you until such time as an appropriate address *is* given....

Friar_2

Alas, there is a UK address for serving notice, etc to, so no loopholes!

Friar_2

tbs624 wrote: »

The key thing here is that an LA acts for the LL, not for you as a T, and if he is only used as a tenant-finder then the repair/maint issues are nothing whatsoever to do with him.

Are you saying in effect that you will have been without the use of a shower (because of the damp walls/lack of tiling ) for 5 months by the time all is likely to be dried out?

Or that you have been unable to use the shower from August 10th up to 2/3 weeks from now so around 7/8 weeks?

You say that you were aware prior to signing up for the tenancy that there was a problem and that the LL rectifying it was made part of the contract: was a time factor included?

Yes, as a T, when you are used to being able to shower, only having a bath available whilst a LLs workmen take their time is a PITA but you perhaps need to get it into perspective. You have still had access to hot water & washing facilities, for all bar the 4 days, and many Ts would be only too delighted if their LLs sorted out any damp issues that were discovered during the course of the work.

Some LLs *would* offer you a greater discount but others wouldn't without being pursued for it.

Unfortunately, pushing a LL in these circs may well lead to a s21 to coincide with the expiry of your fixed term or alternatively, when the FT expires, a not too distant increase in rent in an attempt by the LL to recoup losses.

Is this a property you'd want to stay longer in ? Is the rent "good" for the type of property/area?

As th ework is clearly in progress, I'd take the 4 days rent rebate and ask the LL to get a dehumidifier in whilst the bathroom is not being used, to speed up the drying process

You could have a chat with the local Council's TRO (private sector housing) if it drags on much longer and see what thier views on it are.

Thanks for your reply - I didnt see it earlier.

It is hard to gain such perspective when you are right in teh middle of it and it is such a PITA. But, hey. Been using teh shower till August 10th, but not since then.

After studying the contract (as the tenancy started in May, and no work till August) I saw that it said work will be carried out but gave no deadline.

Cant say that I am delighted to have the damp workl sorted out as it means greater hassle on our part. It would have meant the tiles falkling off teh walls again in 2/3 years, but to be bruttally honest it wouldnt be my problem then. Its good to know the work is being done properly.

Rent is fine - nothing special. Property is nice enough, but in need of some TLC insode and to teh garden which we were planning on doing. I guess you have to pick your battles, and since its close to work at a decent price, we will have to bite the bullet and suck it up to mix metaphors.

Now Ill just bide my time and then "accidently" cancel my direct debit a month early when we leave. Oops - take it out of the deposit, sorry.

clutton_2

you moved into the flat knowing that works would be carried out.. and now you are grumbling about it all and threatening to withhold the last months rent ??