On-going leak and my rights

greatcrested

If the leaks had caused damage to your property with a value you could attribute to the leak (eg your clothes were ruined),you might have a claim for compensation. But even then, from whom? Your landlord was not responsible. The landlord upstairs? Though he might blame his tenant and anyway, you'd have to prove actual 'negligence' rather than just an unfortunate accident. The tenant? As above re negligence.

As fo compensation as against your rent, your landlord is still providing you with the vast majority of what your rent pays for: the rest of the property, cooking and heating facilities, bathrom/shower etc. It is one small aspect, the bedroom, you are being denied. And it's not even all of that since I guess you are still using it to store clothes etc? And you are not being deprived of the ability to sleep - just the location for sleep is changed.

Hence why people are saying any compensation would be a fraction of the rent.

Assuming indeed a court determined the llandlord was responsponsible and had been unreasonable in his response which does not seem to be the case.

Of course, different LLs will respond to a request (i would not recommend a 'claim') in different ways - some might voluntarily offer a rent reduction or simlar - you can always ask.

As for handing in your notice, make sure you get this right. See the stickie:

Post 4: Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

[Deleted User]

Serena2013 said:

Lover_of_Lycra said:

Who do you think owes you compensation?  Your landlord didn't cause the leaks and has been in talks with the other parties to resolve the issue.  If you had purchased the leasehold with a mortgage you wouldn't be asking the lender for compensation would you?  Someone might owe you something but I don't think it's your landlord.  Do you have any legal cover with your contents insurance you could call for advice?

Thanks for your comments. No my belongings have not been affected so I don't think I could check with my contents insurance provider. If I sleep in my bedroom with the on-going leak it will make me ill and is causing damp in the bedroom so wanted to know what my rights were which do not sound like a lot in this case.

Your belongings don't have to be damaged to use the legal cover, if you have legal cover as part of your policy, to phone up for some legal advice.

Serena2013

Lover_of_Lycra said:

Serena2013 said:

Lover_of_Lycra said:

Who do you think owes you compensation?  Your landlord didn't cause the leaks and has been in talks with the other parties to resolve the issue.  If you had purchased the leasehold with a mortgage you wouldn't be asking the lender for compensation would you?  Someone might owe you something but I don't think it's your landlord.  Do you have any legal cover with your contents insurance you could call for advice?

Thanks for your comments. No my belongings have not been affected so I don't think I could check with my contents insurance provider. If I sleep in my bedroom with the on-going leak it will make me ill and is causing damp in the bedroom so wanted to know what my rights were which do not sound like a lot in this case.

Your belongings don't have to be damaged to use the legal cover, if you have legal cover as part of your policy, to phone up for some legal advice.

Thanks for the suggestion

Rural_Puppy

Dampness is possibly not the primary issue. I would be more concerned about the state of the bedroom ceiling. A  constant leak of water for several weeks may have weakened it, which may lead to a sudden collapse.

Serena2013

Rural_Puppy said:

Dampness is possibly not the primary issue. I would be more concerned about the state of the bedroom ceiling. A  constant leak of water for several weeks may have weakened it, which may lead to a sudden collapse.

Yes the plumber who came 2 weeks ago said if it's not looked at the water will dampen the entire ceiling and eventually it will fall. So you can see my reluctance to sleep there along with the on-going leak.