In an 18 month tenancy and wasn’t told about 10 months of cladding remediation. Living in hell!

hoppyHarry100224

My partner and I recently moved into our first flat together paying a premium for a nice 1 bed with a balcony and river view. When we viewed the property we were told by the agent there would be some minor works taking place which would last a month or two. 

After spending the first 3 months loving our flat, we come to find out from the development managers that 10 months worth of cladding remediation is set to take place. We’ve investigated further as all parties involved our unable to provide sufficient information on the building works, and discovered that the entire building will be covered in scaffolding and manorflex (plastic sheeting), and we will not have access to our balconies or be able to open our windows for the duration. 

Obviously this work needs to be done for the building as it is a risk, but it is not what we the tenants signed up to. There is no clause in our contract about it. We are paying a premium for the flat however we will now be living in the dark, dusty, cold, and noisy flat without any of its perks for the next 10 months. Surely there’s a way we can get out of it as everybody describes it as hell! They own the flats though so have to put up with it. Surely we don’t?

Brie

Check the terms of your tenancy and see how much notice you need to give.  Push the point that you were "mis-sold" the tenancy as you won't be getting what you are signed up for.  

Mark_d

You can try to agree a reduction in rent with your landlord but your landlord doesn't have to do anything unless there's something mentioned in the tenancy agreement.

From your landlord's point of view, they are not getting a reduction in mortgage costs.  They will have foot a share of the bill for all the ongoing work.  I think it's unlikely they're willing to give you  discount on the rent.

born_again

Was a question never asked around the cladding & if it was going to be replaced?

i_like_cats

Mark_d said:

You can try to agree a reduction in rent with your landlord but your landlord doesn't have to do anything unless there's something mentioned in the tenancy agreement.

From your landlord's point of view, they are not getting a reduction in mortgage costs.  They will have foot a share of the bill for all the ongoing work.  I think it's unlikely they're willing to give you  discount on the rent.

Who said anything about the landlord having a mortgage?  Many don’t!

silvercar

i_like_cats said:

Mark_d said:

You can try to agree a reduction in rent with your landlord but your landlord doesn't have to do anything unless there's something mentioned in the tenancy agreement.

From your landlord's point of view, they are not getting a reduction in mortgage costs.  They will have foot a share of the bill for all the ongoing work.  I think it's unlikely they're willing to give you  discount on the rent.

Who said anything about the landlord having a mortgage?  Many don’t!

Whether they do have a mortgage or not, they aren't going to be compensated for the reduction in rent.

To be fair the landlord may have as much knowledge as you as to when the work will actually take place and how long it will take. These sort of things often get delayed. It wouldn't be reasonable to keep the flat empty in case the works take place.

Why did you opt for an 18 month tenancy? Most people choose 12 months, at least initially.

Kim_13

silvercar said:

i_like_cats said:

Mark_d said:

You can try to agree a reduction in rent with your landlord but your landlord doesn't have to do anything unless there's something mentioned in the tenancy agreement.

From your landlord's point of view, they are not getting a reduction in mortgage costs.  They will have foot a share of the bill for all the ongoing work.  I think it's unlikely they're willing to give you  discount on the rent.

Who said anything about the landlord having a mortgage?  Many don’t!

Whether they do have a mortgage or not, they aren't going to be compensated for the reduction in rent.

To be fair the landlord may have as much knowledge as you as to when the work will actually take place and how long it will take. These sort of things often get delayed. It wouldn't be reasonable to keep the flat empty in case the works take place.

Why did you opt for an 18 month tenancy? Most people choose 12 months, at least initially.

Signing up for an 18 month utility minimum term? Virgin Media spring to mind with 18 months. More likely that’s what the LL demanded - with more people needing properties to rent than properties being made available for rent, someone will agree to that so it’s take it or lose what otherwise sounds like a nice property.

It might be a case of waiting for the Renters’ Rights Bill to commence - which I believe would automatically convert you onto a rolling tenancy from which you could give 2 months notice to leave if the LL was unwilling to reduce the rent to reflect the loss of enjoyment of the property.

BonaDea

I'm more sympathetic - presumably if the agent had been honest about this you wouldn't have taken the property on, and 'minor works for a month or two' is a very different kettle of fish to major works for ten months.  At best it's misleading and at worst could be deliberate misrepresentation.  Whether the LL knew of this though is a different matter, so I think you should take it up with the agency rather than the LL.

RHemmings

If there is an estate agent involved, and you were misled concerning the work that would be done, then you might be able to pursue compensation through the ombudsman or redress scheme that the EA is a member of. 

Is there nothing in writing about these works? How was the indication that the works might take 3 months or so conveyed? Verbally? 

MysteryMe

Is it definite that all flats would be without balcony etc for the whole period or just the period work is taking place in the immediate vicinity of your flat. Sounds an appalling situation to be in.

RelievedSheff

MysteryMe said:

Is it definite that all flats would be without balcony etc for the whole period or just the period work is taking place in the immediate vicinity of your flat. Sounds an appalling situation to be in.

Not such an appalling situation as living in a flat with a known fire risk though?