Can I get my rent back?

G_M

It_can_get_better wrote: »

It comes from very old case law, but was revisited in 1988

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Exch/1843/J101.html&query=Smith+v+Marrable+&method=all

This is a 1843 case and
a) does not appear to distinguish betwen furnished/unfurnished property
b) is surely superceded by the Landlord & Tenant Act 1985 which defines 'fitness for human habitation'

This is the 1988 one, paragraphs 25-27 are the most relevant.

(edit - missed the bit about not being able to cancel, but it is answered in paragraph 25)

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/1988/2.html&query=McNerny+v+Lambeth&method=all

McNerney Vs Lambeth (1988) the case you refer to does indeed include a discussion on the ancient distinction between furnished and unfurnished properties. However, having discussed the historical case law on this, Dillon LJ (the judge) concludes that the requirement applies equally to unfurnished property, concluding

In other words, that section 8 of the Landlord and Tenant Act 1985 should apply.

Additionally, the case refers to "a duty to take such care as is reasonable in all the circumstances to see that they are reasonably safe from personal injury or from damage to their property caused by a relevant defect." which does not appear to be the case here.

To sum up - the relevant law in this area is the 1985 Act, which applies to both furnished and unfurnished Properties.

It_can_get_better

G_M wrote: »

McNerney Vs Lambeth (1988) the case you refer to does indeed include a discussion on the ancient distinction between furnished and unfurnished properties. However, having discussed the historical case law on this, Dillon LJ (the judge) concludes that the requirement applies equally to unfurnished property, concluding

Additionally, the case refers to "a duty to take such care as is reasonable in all the circumstances to see that they are reasonably safe from personal injury or from damage to their property caused by a relevant defect." which does not appear to be the case here.

To sum up - the relevant law in this area is the 1985 Act, which applies to both furnished and unfurnished Properties.

You've missed out the most important part of the conclusion by Dillon LJ, in which he says

"But in my judgment it is for Parliament and not for the courts to introduce such a development into the law. "

So although he agreed with it he ruled it is not for him to decide, but for parliament to write it into legislation. Although as you state there is legislation in the Landlord and tenant act 1985, in that act it there are rent limits imposed which would exclude pretty much any property on the rental market today.

http://www.legislation.gov.uk/ukpga/1985/70/crossheading/implied-terms-as-to-fitness-for-human-habitation

walker123

After numerous emails to the letting agency yesterday they are getting a handy man to come out to fix the door, the leak and replace the panel on the boiler.

I have told them I am not starting my tenancy until today, and they have said that is okay so I am more than happy with that.

The stopcock was turned off (what an idiot I am!) so now I have running water and heating but no access to the bedrooms until the handy man can get out and fix them.

Waiting for his phone call this morning so fingers crossed!

G_M

walker123 wrote: »

After numerous emails to the letting agency yesterday they are getting a handy man to come out to fix the door, the leak and replace the panel on the boiler.

I have told them I am not starting my tenancy until today, and they have said that is okay so I am more than happy with that.

The stopcock was turned off (what an idiot I am!) so now I have running water and heating but no access to the bedrooms until the handy man can get out and fix them.

Waiting for his phone call this morning so fingers crossed!

Glad you got it sorted. Moralis, "don't panic till you know there is something to panic about!"

G_M

It_can_get_better wrote: »

You've missed out the most important part of the conclusion by Dillon LJ, in which he says

"But in my judgment it is for Parliament and not for the courts to introduce such a development into the law. "

So although he agreed with it he ruled it is not for him to decide, but for parliament to write it into legislation. Although as you state there is legislation in the Landlord and tenant act 1985, in that act it there are rent limits imposed which would exclude pretty much any property on the rental market today.

http://www.legislation.gov.uk/ukpga/1985/70/crossheading/implied-terms-as-to-fitness-for-human-habitation

Many thanks for pointing this out - I was not aware of the rent limits which applied to S8 (£52 pa or £80 pa in London).

The 1999 Law Commission report (Responsibility for state and condition of property ) identified this as one of the failures of the current law.

Notmyrealname

HappyMJ wrote: »

The last tenants may have turned the water off. Have you checked the mains tap is open fully? That may also affect the hot water. That may have also been turned off by the previous tenants along with the heating.

That is what I think has happened. Try turning the water on first.