Landlord obligations when showering facilities removed

G_M

bris wrote: »

LL is obliged to provide a wind and water tight premises with heating and hot water.


It doesn't say that hot water needs to be delivered into a bath or from a shower.

What doesn't say that hot water needs to be.....???

I suspect you are referring to LL & Tenant Act 1985? But that is not the sole relevant leglislation.

ThePants999

G_M wrote: »

But this is more than just a repairing issue (which the LL is addressing).

Whether or not the time taken tto undertake the repairs, is just one aspect. More relevant is the question of habitabilty. Without any proper washing facilities the property becomes uninhabitable, so whether it's a week or a month is immaterial.

OK, so which legislation cares about habitability, and what are the consequences if it is indeed uninhabitable?

If it burned down, we'd be into the domain of frustrated contracts - is that what you think might apply here?

FBaby

This could take 1-2 months

Who said this? The people carrying out the work? Your Landlord? You? Friends?

G_M

ThePants999 wrote: »

OK, so which legislation cares about habitability, and what are the consequences if it is indeed uninhabitable?

If it burned down, we'd be into the domain of frustrated contracts - is that what you think might apply here?

posts 5 & 10?

Owain_Moneysaver

ThePants999 wrote: »

OK, so which legislation cares about habitability, and what are the consequences if it is indeed uninhabitable?

If it burned down, we'd be into the domain of frustrated contracts - is that what you think might apply here?

A house with no functioning bath or shower for 2 months would probably fail the Housing health & safety rating system (HHSRS) (Housing Act 2004) requirements for personal hygiene and sanitation.

I don't think we're in the domain of frustrated contracts (which is a very specific technical concept) but the landlord is in breach of the implied term of the contract to provide a house which (a) complies with current standards, legislation and guidance (b) is adequately maintained (c) is of and remains the standard of accommodation shown to the tenant at the start of the tenancy.

Accordingly the tenant would be entitled to damages for their losses caused by the landlord's breach, possibly up to and including alternative accommodation.

It is important that the tenant does not treat the contracted as having been revoked by either party, or frustrated, as that would be acceptance of the end of the tenancy, which presumably is emphatically not wanted!

If the tenant can find some alternative which they would find acceptable eg a gym membership then they can go to the landlord and say "this is what it's going to cost us, what are you going to do about it?" and that is a starting point for negotiation.

Local council environmental health and the Shelter advice line may be useful.

ThePants999

G_M wrote: »

posts 5 & 10?

All you've linked to is an unofficial guidance document, and in particular an appendix on "Profiles of potential health and safety hazards in dwellings". That's hardly an answer here.

If you're saying that the only recourse here is the Housing Act 2004, and hence the possibility of getting the local authority to serve an improvement notice... well, that'd be pretty bad news for the OP, but I'm unconvinced it's right!

Edit: ah, missed this too:

Owain_Moneysaver wrote: »

A house with no functioning bath or shower for 2 months would probably fail the Housing health & safety rating system (HHSRS) (Housing Act 2004) requirements for personal hygiene and sanitation.

That's a start, but the Housing Act 2004 doesn't (to my understanding) provide for any remedies for the tenant, except for getting the local authority to take enforcement action. And given that the landlord is already doing work, I can't see enforcement action helping much here.

Or are you just saying that "because this fails the HHSRS requirements, a civil court would likely award compensation if the tenant sued"?

Owain_Moneysaver

Not compensation; damages for actual loss.

Someone I knew, a landlord, had to decant his tenants into a hotel when the entire bathroom floor rotted through. However he had landlord insurance which paid for it, and it was only for a few days.

ThePants999

Sorry, yes, that was a poor use of the word "compensation".