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Tenant needs advice on loss of facilities in our home

Started by baconbuttyman, September 17, 2014, 03:49:05 PM

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baconbuttyman

Hi guys, i hope you can help.
My landlord has neglected his property for years, we moved in 14 years ago, any way, our outhouse which is attached to the kitchen and forms part of the building, this out house houses our washer, fryer and freezer, the roof has been leaking badly for some time, he has been aware of this since 2013,
Our landlord has now decommissioned the room and told us not to use it, only as a fire escape, he has cut the electrics off so no electrics are there, he will repair it as a when he can afford it, we now have to use a laundry and re locate the freezer as there is no where else to locate the washer.

I am looking for a rent abatement due to the inconvenience and loss of this room, plus help toward the cost of laundrette expenses will cripple us.
Can we actually ask for a reduction in rent?? if so, does any one know where i can find this peice of legislation or ruling

Please help

Hippogriff

Have you asked for what you want, first, from your Landlord?

If so, and you have gotten short shrift, then you may want to get more 'legal'... but I'd always simply ask first... "when I rented this property it had an outhouse which we have been using, now you have decommissioned the room and have no immediate plans to return it to a useful state for us, therefore we would like a reduction in the rent that we pay" - that seems fair and reasonable to me, I'm curious what your Landlord thinks.

baconbuttyman


Hippogriff

And, ideally, what would you prefer... the rent to be reduced for the loss of the 'room' or for the outhouse to be brought back into use ASAP?

I ask because abatement might not be your only option... you could follow the quite strict procedures for initiating the repair yourself and deduct the cost from rent. This would be another option where your Landlord has either refused to do repairs or has been unreasonably slow in actioning them.

Whichever route you go down, I'm expecting you are not that worried about a Section 21 coming your way? But I also assume (14 years) that giving notice is not what you want to do either?

baconbuttyman

Quote from: Hippogriff on September 17, 2014, 04:43:45 PM
And, ideally, what would you prefer... the rent to be reduced for the loss of the 'room' or for the outhouse to be brought back into use ASAP?

I ask because abatement might not be your only option... you could follow the quite strict procedures for initiating the repair yourself and deduct the cost from rent. This would be another option where your Landlord has either refused to do repairs or has been unreasonably slow in actioning them.

Whichever route you go down, I'm expecting you are not that worried about a Section 21 coming your way? But I also assume (14 years) that giving notice is not what you want to do either?

I dont want to go down the repair it my self route if i can avoid it, while that is an option, it also falls to us if any issues arise from the repairs, we have a section 21 already, but we also have a 2 year fixed term tenancy which has 16 months left to run, We are looking to move when this tenancy is up, we have suffered some harassment from both our LL and his agent tbh, they have rewired and left the walls in a state, channels left with expanding foam, they say the decor is down to us to sort, when it was their repairs that ruined the decor in the first place

We have served him a list of 56 repairs from Damp to slates missing, he is sending some one out to look at all the list of repairs tomorrow

Hippogriff

I am reluctant to comment further until you get further information from your visit today. You may, after all, get a positive response from this list. As you say, you have 16 months left to run on your current fixed term... you and the Landlord are going to have to get on, unless you both agree to an early surrender. I can't imagine 16 months being at loggerheads with my Landlord / Tenant. Good luck with today.

By initiating repairs yourself, that does not mean DIY (just to be clear if you thought it might)... it means you take the decision (after following the strict process) to employ someone suitable to perform the repairs and then you deduct the costs you incurred from the rent - while you do become liable for the quality of the repair you will just make sure you have employed the right person (and paid the right amount - ker-ching! - on behalf of the Landlord) and they will be of the right quality (presumably a better quality than a stingy Landlord might elect to perform). You have just taken matters into your own hands because your Landlord has refused to do so.

It's so much simpler for the Landlord to do the necessary... but if they won't, this is the (I think) best tool in your arsenal.

7-step process here...

http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/tenants_repairs_and_improvements/tenants_doing_repairs

baconbuttyman

#6
I understand that  i have get the repairs done by a tradesman if i take the route of using the rent for repairs, how ever, i also know if that repair fails then i am responsible for it, not the Landlord, i do not want to be in that position.

I need to know if i am with in my rights to reduce the rent in response to losing part of the house.

Due to the dis repair in the out house, railed outer rendering, failed water proofing to the flat roof, rotten window frames, instead of replacing the window, he boarded it up.
5.5 weeks ago, i slipped on the wet floor and broke my ankle, this is in the hands of the solicitor as an injury claim. He has for bode the LL from making repairs to that outhouse.
now i know that you are thinking is, then why are you complaining if the LL cannot fix it up.

My point is this, he has know that this part has needed major repairs since last October, we know this because the letting agent cc'd us the email she sent to the LL stating the outhouse is in poor state and leaking badly, he has had ample time to fix this section up, and tbh £800 would have fixed it.

So if he did fix it, there would have been no accident, and we would not now be with out this room, there for, he caused this issue, so why should we move or be out of pocket,
All i need to know is, can we legally reduce the rent in relation to the loss of this room


Hippogriff

Quote from: baconbuttyman on September 18, 2014, 09:19:15 AMAll i need to know is, can we legally reduce the rent in relation to the loss of this room

Of course not.

It's not your decision, is it?

If you have failed to negotiate a rent abatement, which you have, then you would need a Court to decide. You can't just unilaterally impose a rent abatement - that would be nonsense, right?

It seems you are already in the midst of legalities over this issue and you should - therefore - be taking advice from your Solicitor. I struggle to see why you have gone and added more pertinent information as the thread unfolds.

boboff

The reason you are staying in this place is?

Sounds awful, and I can only imagine the Rent is already cheap?

That doesn't mean it's right, but you do get what you pay for.

Also when you sue someone for compo, they tend to get angry and uncooperative.

Sorry to hear about your ankle.