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Rent Compensation - what is acceptable?

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Comments

  • need_an_answer
    need_an_answer Posts: 2,812 Forumite
    Ninth Anniversary 1,000 Posts
    edited 23 July 2018 at 6:33PM
    JP88 wrote: »
    To be fair, it is more about what has been offered and agreed legally for the price at which I'm paying. Not if I can heat some water up on a stove or buy a heater.

    As with the increase at the start of the year, again I agreed as work had been agreed to be done as part of the increase itself. This is by both parties in writing.

    I have also been in constant communication and I am leaving now because of these issues...not now I'm going I'm trying it on. Please give me some credit.

    Essentially I have been paying for a 'service' which has not been delivered upon. And a service with a contract signed by both parties which has been broken. So yes my cost incurred would be that of the extra I have been paying whilst being delivered 80% of what was promised in the contract.

    Sorry you feel that people havn't given you credit,but you've come onto a site and asked for advice.

    You've had 3 very good posters give you their opinion and unfortunately the view is clearly not yours.


    How you now choose to manage your situation is up to you.Go to small claims if you feel you have a case, withhold your last months rent if that's what you want to do,but also be prepared that you may face further action from your LL to recover any withheld monies or a costly battle if you still feel your grievance is worth it.

    You asked for advice,it was given and now its up to you how to proceed
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  • JP88
    JP88 Posts: 9 Forumite
    Notifications have been made and followed up on. In addition to the inspection reports.
    No I didn't force them via the council etc. But then why should I HAVE to go down that route. I've been a good tenant and held up my side of the 'bargain'. It's not for me to walk them through what their obligations are.

    Is it correct to say that a written contract is not to be adhered to? That the tenant has to constantly badger and force things even if they have had enough and have chosen to leave. Had they been completed within an adequate timeframe then I have no issue. However this is pretty far beyond that.

    To say that a contract means nothing unless you've hounded the other party more so than I have seems crazy to me.
  • JP88
    JP88 Posts: 9 Forumite
    Also sorry. I don't mean to offend and I am listening.
    I am trying to gain an understanding rather than poo poo others feedback
  • need_an_answer
    need_an_answer Posts: 2,812 Forumite
    Ninth Anniversary 1,000 Posts
    JP88 wrote: »
    Also sorry. I don't mean to offend and I am listening.
    I am trying to gain an understanding rather than poo poo others feedback

    This is a free site to use and gives informative help to those who ask.

    If you don't like the responses or they continue to differ from your opinion,then please contact a solicitor for further advice on hopfully a no win no fee basis.
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  • mije1983
    mije1983 Posts: 3,665 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Name Dropper
    edited 23 July 2018 at 6:44PM
    JP88 wrote: »
    No I didn't force them via the council etc. But then why should I HAVE to go down that route. I've been a good tenant and held up my side of the 'bargain'. It's not for me to walk them through what their obligations are.

    No, you shouldn't HAVE to. I shouldn't HAVE to haggle every year with my ISP. But I do because I don't want to pay more than £x a month.

    But then if everything in life went as it should there would be no need for courts, contracts, compensation, competition etc. So when things don't go smoothly, there are clear pathways to resolve it.

    You being a good tenant is neither here nor there. The law gives the same rights to 'good' and 'bad' tenants.


    I'd be looking at taking the positives from this. You are now moving out so don't have to worry about it, and you will be more aware of your rights and options in the next property.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    JP88 wrote: »
    To be fair, it is more about what has been offered and agreed legally for the price at which I'm paying. Not if I can heat some water up on a stove or buy a heater.

    As with the increase at the start of the year, again I agreed as work had been agreed to be done as part of the increase itself. This is by both parties in writing.

    I have also been in constant communication and I am leaving now because of these issues...not now I'm going I'm trying it on. Please give me some credit.

    Essentially I have been paying for a 'service' which has not been delivered upon. And a service with a contract signed by both parties which has been broken. So yes my cost incurred would be that of the extra I have been paying whilst being delivered 80% of what was promised in the contract.

    Well if you feel you have a good case deduct the difference between the "extra" you've been paying since the start of the year from your final rent payment. Write to the address for the serving of notices given in your tenancy agreement stating why you are doing it.

    If the landlord then tried to deduct the missing rent from your deposit let the scheme's arbitrator decide with you presenting your case. I am not saying you will be successful but what's the worst that will happen if you lose?

    Please do report back when you know the outcome. All too often posters don't come back and let us know what happened which is a shame because it could help someone else in a similar position.
  • sparkey1
    sparkey1 Posts: 444 Forumite
    100 Posts
    When you say heating. Is it a radiator? If so, have you bled it?
  • JP88
    JP88 Posts: 9 Forumite
    No they're storage heaters. They're the same ones that were put in when the house was built over 20years ago.

    Radiators are a relatively easy fix in comparison
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    JP88 wrote: »
    Is it correct to say that a written contract is not to be adhered to?

    Contracts have to be adhered to.
    If they are not, then there are processes to encourage/enforce adherence, ranging from the diplomatic to the legal.
    It appears you tried the diplomatic, which did not work, but did not use the correct legal enforcement processes

    That the tenant has to constantly badger and force things even if they have had enough and have chosen to leave.
    No. If the tenant gives up enforcing the terms of the contract and chooses to leave instead, that is his choice. He leaves.

    Had they been completed within an adequate timeframe then I have no issue. However this is pretty far beyond that.
    As has been explained, if the LL does not remedy matters in a reasonable timeframe there are processes to follow to enforce.


    To say that a contract means nothing unless you've hounded the other party more so than I have seems crazy to me.
    It's not about 'hounding'; it's about enforcing.
  • JP88
    JP88 Posts: 9 Forumite
    Thanks for all your input, it is appreciated - I will of course come back here and fill in any details of what has happened.
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