Can I claim rent reduction due to excessive building noise and landlord’s misrepresentation ??

ARenter

I started renting a ‘studio apartment’ (i.e. a bedsit) in January this year in a three-storey 1930s block – residents are a mix of renters and leaseholders. I am considering asking for rent reduction due to two main issues:

1. Upon moving in I noticed that there is no way to turn off the radiator, as it is controlled centrally, making for an overly hot room. The landlord and their letting agents did not inform me of this (I would not have agreed to rent it if they had). They said that that ‘may’ install a thermostat before the winter comes and they turn it back on. I was willing to chalk that up to ‘live and learn’, until…

 

1. The landlord is now engaged in an extensive external repair programme on the roof, meaning that the entire block will be covered in scaffolding for at least three months - this is preventative rather than urgent as far as I know. The builders are here from 8-4 every day and the noise from drilling, shouting, hammering etc. is incessant... they've been here 3 weeks already and now the landlord informed us that they'll be there another months at least. I work from home and it’s borderline unbearable (my nearest company office is 50 miles away, and as it’s all confidential legal stuff I work on I’m technically not supposed to work in a coffee shop or library). Moreover, the way they have laid out the scaffolding means that I can only open my windows about 1/10 of their full capacity, this in the hottest period of the year. There is also the loss of privacy as the builders are constantly walking past my window (flat is one room, open-plan), plus the loss of natural light due to the scaffolding planks. Though letters/emails were sent warning of the works, I was not informed of the works before I signed the lease and again would not have moved in had I known.

 
Given the above, I do not see why I should pay the full rent for the months the works are taking place, given as they are violation of the ‘quit enjoyment’ clause and ability to use the flat as intended upon signing the lease. That said, the landlord will likely push back saying the works are essential (covered in the lease) – I understand there have been recent cases found in favour of the lessee, but that these were extreme cases (e.g. noise so deafening noise plugs were needed).

As for misrepresentation, I’m not sure about the law on that. The landlord could say I should have known that an older block would have centrally controlled heating (news to me) and that building works could take place at any time. I was happy staying here for a year whilst I save for a deposit but really I feel I’m been completely taken for ride (£650 a month to live in a tiny bedsit which is a construction site in the summer and a sauna in the winter). Stupidly I didn’t insist on a break clause (was stuck in couch surfing hell at the time).

Any advice here would be helpful - assuming the landlord refuses to discuss compensation, is the legal route worth it? Even if successful any compensation gained would likely be cancelled out by legal fees.
 
Thanks,
A Renter

societys_child

" ‘quit enjoyment’ "
 . . . guess you're referring to  'quiet enjoyment' ?

It doesn't actually mean what you appear to believe it means. It doesn't mean the work-persons have to work in silence.
It's more to do with 'enjoying' the premises without, for example, hindrance or harassment. Essential repairs and maintenance are neither.
I hope you sort something to your satisfaction with your landlord.

MalMonroe

Hi, I just googled 'how to solve problems with private rent landlord' and quite a few links popped up but I think the following three may be the most useful. Just because you are renting privately, it doesn't mean that you don't have any rights. 

Your landlord could have misrepresented the property before you decided to take on the tenancy.

Your life is being made consistently miserable by your own landlord when everyone does have the right to live peacefully in their own home, even when it's rented.

The landlord could very well say this "I should have known that an older block would have centrally controlled heating (news to me) and that building works could take place at any time" but that would be him making an assumption that you are a property expert when you're not. Not every property in any block has controlled central heating so unless you were told beforehand, how on earth would you know?

What I do know is that if it were me, I'd be giving in my notice and citing all the problems you have outlined. And then I'd be looking for something else. Is the property in London?  Because £650 per month for a studio flat is simply outrageous if not. 

You're being taken for a ride, yes.

Here are those links - 

https://www.gov.uk/private-renting/complaints

https://www.advicenow.org.uk/guides/how-fix-problems-your-privately-rented-home

https://england.shelter.org.uk/housing_advice/private_renting/complaints_about_private_landlords

Speak to your landlord, though. You don't have to put up with all the inconvenience that you're being subjected to. 

Mr.Generous

Turn the radiators off and I'd say be thankful the landlord is spending a fortune fixing the roof. I'd imagine quite a few renters are in the opposite predicament where the landdlord won't carry out expensive repairs.

[Deleted User]

MalMonroe said:

Hi, I just googled 'how to solve problems with private rent landlord' and quite a few links popped up but I think the following three may be the most useful. Just because you are renting privately, it doesn't mean that you don't have any rights. 

Your landlord could have misrepresented the property before you decided to take on the tenancy.

Your life is being made consistently miserable by your own landlord when everyone does have the right to live peacefully in their own home, even when it's rented.

The landlord could very well say this "I should have known that an older block would have centrally controlled heating (news to me) and that building works could take place at any time" but that would be him making an assumption that you are a property expert when you're not. Not every property in any block has controlled central heating so unless you were told beforehand, how on earth would you know?

What I do know is that if it were me, I'd be giving in my notice and citing all the problems you have outlined. And then I'd be looking for something else. Is the property in London?  Because £650 per month for a studio flat is simply outrageous if not. 

You're being taken for a ride, yes.

Here are those links - 

https://www.gov.uk/private-renting/complaints

https://www.advicenow.org.uk/guides/how-fix-problems-your-privately-rented-home

https://england.shelter.org.uk/housing_advice/private_renting/complaints_about_private_landlords

Speak to your landlord, though. You don't have to put up with all the inconvenience that you're being subjected to. 

I think your disclaimer in signature applies. 

650 for a studio is a good price elsewhere than London but that's a minor point.

But of more concern is the commentary that OP is getting a raw deal. If a landlord isnt being criticised for failing to make repairs on MSE, then hes being critisised for making repairs!

What matters about quiet enjoyment is the likely legal interpretation of the term, not to appropriate the term defining it by how you feel.

ARenter

Thanks for the replies.

Yes I'm aware that 'quiet enjoyment' does not mean literally 'silent' - but more generally living in the property with no excessive hassle from the landlord. And yes, he can make whatever repairs he wishes. However, I think I should have been told that such extensive and prolonged repairs would be carried out before I moved in, as well about the heating situation.

The issue with the radiator is that it cannot be turned off - no thermostat, no valve, nothing - it's turned on for the whole block in Nov and then off again in March.

FreeBear

ARenter said:  The issue with the radiator is that it cannot be turned off - no thermostat, no valve, nothing

There will be at least one lockshield valve on a radiator - It may be hidden under a small plastic cap. Post a pic of both ends of the radiator, and we can tell you how to shut it off.

TonyTeacake

Mr.Generous said:

Turn the radiators off and I'd say be thankful the landlord is spending a fortune fixing the roof. I'd imagine quite a few renters are in the opposite predicament where the landdlord won't carry out expensive repairs.

What a lovely reply. Obviously a landlord.

ARenter

ps this is the radiator

diystarter7

Mr.Generous said:

Turn the radiators off and I'd say be thankful the landlord is spending a fortune fixing the roof. I'd imagine quite a few renters are in the opposite predicament where the landdlord won't carry out expensive repairs.

Exactly what I thought.
I thought you could turn off all rads by closing the valve or am I wrong re this?
A building I worked in had heating on full blast and on warmer days in April when heating was still on, got too hot.
I got one of those rad keys and turned it of and on when required, job done.

diystarter7

Just saw the pics, I think it can be turned off with key but be very warned old rads like this can start to leak where the nut has not been adjusted for yonks.