Query re compensation for unfixed lift in high rise block as tenant

symphony1111

Hi 

I live in a tower block, high up, & rent privately from a landlord via a letting agent, and due to a recent operation, am unable to use stairs-yet the lifts are broken (again!) and will be unfixed for a month and more.

I wanted to see if I am within my rights to request reduced rent or a discount for at least some of the period the lift is not working as this means I am unable to leave my home-and either way, it severely affects my right to "enjoy my home in peace". I have seen in many test cases precedent has been set and despite some landlord posters claiming otherwise, landlords are indeed responsible for fixing lifts financially.

I have contacted the local council (useless-they say no experts available on relevant law,  and huge backlog so would take months to look into), meanwhile the letting agent is dragging their feet, and the "management company" are literally con artists, who keep changing name, pretending to be new company to avoid fines. 

Please advise.

_Penny_Dreadful

symphony1111 said:

Hi 

I live in a tower block, high up, & rent privately from a landlord via a letting agent, and due to a recent operation, am unable to use stairs-yet the lifts are broken (again!) and will be unfixed for a month and more.

I wanted to see if I am within my rights to request reduced rent or a discount for at least some of the period the lift is not working as this means I am unable to leave my home-and either way, it severely affects my right to "enjoy my home in peace". I have seen in many test cases precedent has been set and despite some landlord posters claiming otherwise, landlords are indeed responsible for fixing lifts financially.

I have contacted the local council (useless-they say no experts available on relevant law,  and huge backlog so would take months to look into), meanwhile the letting agent is dragging their feet, and the "management company" are literally con artists, who keep changing name, pretending to be new company to avoid fines. 

Please advise.

How is your landlord responsible for fixing the lift in a communal building? Surely that’s the responsibility of the freeholder not the leaseholder (your landlord).  

lincroft1710

You can of course asked for a rent reduction and equally your LL can say no. I can't see that a rent reduction would enable you to "enjoy your home in peace"!

Alderbank

You say you live in a tower block, high up, and you are unable to use stairs.

You are of course allowed to request reduced rent (your landlord might say 'no') but how does that make the place any safer for you?
A working lift is not part of the fitness for human habitation act.

How long do you think it will be before you are able to use stairs again so would be able to escape in the event of fire, etc?

You should consider your own health and safety and perhaps stay somewhere more suitable such as with family until you have recovered.

In some areas as part of your post-operative care the NHS will consider patients' home circumstances and not discharge them until they are well enough to return home safely.

symphony1111

posters are trying to debate the landlord being responsible, or the lift being out of action in a high rise a substantial impact on the right to enjoy ones home as per the standard tenancy contract-these issues are not up for debate, these issues have been proven as I stated, precedent has been set many times in court cases.

they are responsible for the lifts. faulty lifts in a high rise does count as severely impactful.

so.

my question remains-when such rights have been breached, am I likely to be able to get a discount or compensation for it?

expertinmoney

symphony1111 said:

posters are trying to debate the landlord being responsible, or the lift being out of action in a high rise a substantial impact on the right to enjoy ones home as per the standard tenancy contract-these issues are not up for debate, these issues have been proven as I stated, precedent has been set many times in court cases.

they are responsible for the lifts. faulty lifts in a high rise does count as severely impactful.

so.

my question remains-when such rights have been breached, am I likely to be able to get a discount or compensation for it?

Sorry I don’t think you’re correct. How would the landlord have any way of fixing the lifts? this is solely the freeholder’s domain.

GDB2222

symphony1111 said:

posters are trying to debate the landlord being responsible, or the lift being out of action in a high rise a substantial impact on the right to enjoy ones home as per the standard tenancy contract-these issues are not up for debate, these issues have been proven as I stated, precedent has been set many times in court cases.

they are responsible for the lifts. faulty lifts in a high rise does count as severely impactful.

so.

my question remains-when such rights have been breached, am I likely to be able to get a discount or compensation for it?

Forgive me, but you seem to be familiar with the cases. How much compensation did the courts award?

One solution would be for the landlord to release you from your contract, as the flat is effectively uninhabitable for you. Have you considered that?

Which floor are you on, and how are you and other people managing for food etc?

theoretica

expertinmoney said:

symphony1111 said:

posters are trying to debate the landlord being responsible, or the lift being out of action in a high rise a substantial impact on the right to enjoy ones home as per the standard tenancy contract-these issues are not up for debate, these issues have been proven as I stated, precedent has been set many times in court cases.

they are responsible for the lifts. faulty lifts in a high rise does count as severely impactful.

so.

my question remains-when such rights have been breached, am I likely to be able to get a discount or compensation for it?

Sorry I don’t think you’re correct. How would the landlord have any way of fixing the lifts? this is solely the freeholder’s domain.

Yes - but the chain of responsibility goes tenant - landlord - freeholder.  The tenant can't go direct to the freeholder.

_Penny_Dreadful

symphony1111 said:

posters are trying to debate the landlord being responsible, or the lift being out of action in a high rise a substantial impact on the right to enjoy ones home as per the standard tenancy contract-these issues are not up for debate, these issues have been proven as I stated, precedent has been set many times in court cases.

they are responsible for the lifts. faulty lifts in a high rise does count as severely impactful.

so.

my question remains-when such rights have been breached, am I likely to be able to get a discount or compensation for it?

You’re not correct. Legislation such as S11 of the Landlord and Tenant Act 1985 sets out the repairing obligations and that does not include lifts in a communal building. The only cases I have seen where tenants have been awarded compensation is housing association tenants where the housing association is also the freeholder to the building. Can you provide any evidence where a private landlord has had to compensate a tenant with an AST for a faulty lift in a communal building? Surely those cases would give you an idea of how much compensation you are due? 

saajan_12

symphony1111 said:

posters are trying to debate the landlord being responsible, or the lift being out of action in a high rise a substantial impact on the right to enjoy ones home as per the standard tenancy contract-these issues are not up for debate, these issues have been proven as I stated, precedent has been set many times in court cases.

they are responsible for the lifts. faulty lifts in a high rise does count as severely impactful.

so.

my question remains-when such rights have been breached, am I likely to be able to get a discount or compensation for it?

As with any other repairing obligation to the fabric of the property, the LL must repair in a reasonable time, subject to when the issue is reported, availability of materials, tradespeople etc. If they do this, then there is no compensation due, and the tenant suffers the same inconveniences as an owner occupier would. Lifts can break multiple times, and take time to get diagnosed. Only if the repair is delayed beyond reasonable timescales, might the tenant escalate to compensation / reimbursement for completing the repair themselves. 

At the same time, the LL must provide an habitable home, so if the issue makes the home legally uninhabitable, then they must provide alternatives. This is extreme issues such as no running water, no roof, no source of heat, etc and temporary measures such as electric heaters might do the trick. So do you have references to these court cases that consider faulty lifts actually uninhabitable? 

pinkshoes

symphony1111 said:

posters are trying to debate the landlord being responsible, or the lift being out of action in a high rise a substantial impact on the right to enjoy ones home as per the standard tenancy contract-these issues are not up for debate, these issues have been proven as I stated, precedent has been set many times in court cases.

they are responsible for the lifts. faulty lifts in a high rise does count as severely impactful.

so.

my question remains-when such rights have been breached, am I likely to be able to get a discount or compensation for it?

The LL is the leaseholder. The leaseholders will have contact the freeholder to get the lift fixed, and the lift will therefore be fixed in a time frame that is feasible. The LL is not responsible for fixing the lift.

In the mean time you have stairs. It is not the LLs fault you cannot use them. So I suggest staying elsewhere until you are able to use the stairs or the lift is fixed.