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View Full Version : LL Carrying out 'Home Improvements' - disruption and health risks



timp
30-05-2010, 12:07 PM
Hi,

I have been a lodger in a property for 6 months now, and my landlord has now begun some 'home improvement' works. However, this work is resulting in an awful lot of soot and dirt being produced and this has now got into my room and covered all of my possessions. I also inhaled some of the soot and have experienced minor breathing issues, as well as it getting into my eyes, and on clothes and bed linen.

My 6 month contract has now ended, but we had verbally agreed to continue the agreement on a rolling monthly basis.

As the property is regularly uninhabitable and I am forced to leave the house (luckily my parents don't live too far from where I am, so not such a huge issue, just massively inconvenient), I am seeking to terminate the agreement and leave the property.
Would it be safe to assume that, as the house is uninhabitable, the agreement has been breached and becomes null and void, and all previous requirements such as notice, would not be quite so rigidly applied.

If he is resistant, would it be wise to mention Health & Safety and the duty of care he owes me by law?
I would appreciate any advice on this matter.
(Posted this in Health & Safety thread, but not sure really which one is most appropriate).

Snorkerz
30-05-2010, 15:06 PM
Your legal obligations (as opposed to contractual ones) are only to give "reasonable notice". In view of the current conditions, I think even short notice would be reasonable.

As to weather the conditions are sufficient to void your agreement, only a court could really tell you - and it might be too late then.

Have you paid any deposit? If not, I feel the landlord is unlikely to take you to court for breach of contract. If you have, he will probably keep the rent for the contractual notice period and you will then have to dispute that by making a claim at www.moneyclaim.gov.uk.

HOWEVER, before you think about leaving - what avenues have you explored to resolve the situation? As well as possibly providing a solution, exploring these options will help your claim if the issue of short notice ever ends up in court.

westminster
30-05-2010, 19:49 PM
Why not just discuss the situation with the landlord, and find out whether he's okay with you leaving at short notice?