LandlordZONE

21

Dec, 2014

Sunday

Page 1 of 2 12 LastLast
Results 1 to 10 of 18
  1. #1

    Default Guidance about compensation

    Hello,

    I want to ask my landlord for a compensation and I need some orientation. I’ll make it short and I’ll skip the tedious struggle with the landlord for him to get things repaired (letters, calls, e-mails, etc).

    (Context: I hold an Assured Shorthold Tenancy Agreement for 6 months/6 months rent already paid in advance/Building insured by landlord).

    I’m renting a one bedroom flat and it’s taken 3 months for the landlord to repair a leak in my bedroom. So, during all this time I have been putting up with: black mould all over the bedroom ceiling and walls, water dripping 24/7, vermin, damp, bad smells, etc. Also I had to move the bed into a corner of the room to minimize the exposure to the mould, etc. and I moved my workstation out of the room and squeezed into the living room.

    I consider I should be compensated for all the inconvenience suffered as well as for loss of utility of the bedroom but I don’t know what would be a fair amount. In the Tenancy Agreement there is this clause: “In the event that a part of the Premises becomes unfit for normal use and habitation, then a fair proportion of the rent shall cease to be payable until such time as the Premises is in a fit state for habitation and use”. I would say that I have not been able to use approx. 1/3 of the room, so my questions are: what would be a fair proportion of the rent in this case? And also, could the landlord decide to evict me because all of this?

    I hope you can guide me. Thanks very much in advance.

    Sarah

  2. #2
    Join Date
    Jul 2008
    Location
    Yorkshire
    Posts
    24,592

    Default

    Quote Originally Posted by buzz View Post
    Hello,

    I want to ask my landlord for a compensation and I need some orientation. I’ll make it short and I’ll skip the tedious struggle with the landlord for him to get things repaired (letters, calls, e-mails, etc).

    (Context: I hold an Assured Shorthold Tenancy Agreement for 6 months/6 months rent already paid in advance/Building insured by landlord).

    I’m renting a one bedroom flat and it’s taken 3 months for the landlord to repair a leak in my bedroom. So, during all this time I have been putting up with: black mould all over the bedroom ceiling and walls, water dripping 24/7, vermin, damp, bad smells, etc. Also I had to move the bed into a corner of the room to minimize the exposure to the mould, etc. and I moved my workstation out of the room and squeezed into the living room.

    I consider I should be compensated for all the inconvenience suffered as well as for loss of utility of the bedroom but I don’t know what would be a fair amount. In the Tenancy Agreement there is this clause: “In the event that a part of the Premises becomes unfit for normal use and habitation, then a fair proportion of the rent shall cease to be payable until such time as the Premises is in a fit state for habitation and use”. I would say that I have not been able to use approx. 1/3 of the room, so my questions are: what would be a fair proportion of the rent in this case? And also, could the landlord decide to evict me because all of this?

    I hope you can guide me. Thanks very much in advance.

    Sarah
    One third of the rent as compensation sounds reasonable, and no, he cannot use this as a reason to evict you. You could use his failure to do the repairs as a reason to get out before the end of your tenancy, however!

    If he continues to avoid getting the problem sorted you are within your rights to get quotes yourself for the work, and then get it done and withold equivalent amount from rent (on top of the third of the rent you will be deducting for the period in whcih you had reduced facilities). Inform him in writing that you intend to do this and give him a deadline - it might spur him on a bit.

    Don't let him bully you - you are in the right here; he is in breach of contract.

    Good luck.

    Has he protected your deposit in a protection scheme and supplied you with the details of it?

  3. #3
    Join Date
    Jun 2008
    Location
    Andalucía
    Posts
    9,917

    Default

    Quote Originally Posted by mind the gap View Post
    You could use his failure to do the repairs as a reason to get out before the end of your tenancy, however!
    Not an option. A tenant's remedy is damages or a court order requiring the landlord to carry out the work.

  4. #4
    Join Date
    Jul 2008
    Location
    Yorkshire
    Posts
    24,592

    Default

    Quote Originally Posted by Lawcruncher View Post
    Not an option. A tenant's remedy is damages or a court order requiring the landlord to carry out the work.
    I think that in practice, some tenants give the LL the option : do the repairs or we will leave, and some LLs to avoid grief, let them go. When I said 'you could use it' I suppose I was thinking along those lines, rather than in the strict legal sense, but thanks for pointing it out. I stand corrected!

  5. #5

    Default

    Thanks a lot for your input guys. Now I have an idea where I stand.

    Regarding the deposit, in the tenancy agreement says that it's "held by the Landlord's Agent as Stakeholder and any interest earned on the deposit will belong to the Agent who is a member of the TDS Scheme." So I guess it's ok, although I'm going to ask him for the tenacy UID code just to be sure.

    I'll let you know how it goes.

    Many thanks.

    Sarah

  6. #6
    Join Date
    Apr 2008
    Posts
    2,005

    Lightbulb

    Quote Originally Posted by Lawcruncher View Post
    Not an option. A tenant's remedy is damages or a court order requiring the landlord to carry out the work.
    Not necessarily, if the problems are serious enough, the LL might be in repudiatory breach; see Hussein v. Mehlman.

    To forestall your next argument "but it's only a first intance decision". The case appears and is cited with approval in most major texts and commentaries on L&T, so I think it would be followed.

    OP - your LL might be in repudiatory breach of tenancy by allowing such serious disrepair that the tenancy can be considered to have come to an end. You may be able to accept his repudiatory breach by leaving without further liability; however, I am wary of advising that you can do so without warning you that the doctrine of repudiatory breach is quite new and relatively untested in landlord and tenant law, and so the upper and lower limits of the seriousness of the LL's breach have not been established.
    Health Warning


    I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

    All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

  7. #7
    Join Date
    Jun 2008
    Location
    Andalucía
    Posts
    9,917

    Default

    Quote Originally Posted by agent46 View Post
    Hussein v. Mehlman
    I cannot seem to find the case or an adequate summary. Such observations as I can find on Googling are inconclusive.

    I hope it is not another deplorable case of the law of contract making incursions into the sacred grounds of the doctine of estates and creating uncertainty where none previously existed.

  8. #8
    Join Date
    Apr 2008
    Posts
    2,005

    Default

    Quote Originally Posted by Lawcruncher View Post
    I cannot seem to find the case or an adequate summary. ..
    That might be because I mispelled the claimant's name as the "Saddam" rather than the "Nasser" variant.

    Here's the citation: Hussain v. Mehlman [1992] 32 EGLR 87

    Quote Originally Posted by Lawcruncher View Post
    I hope it is not another deplorable case of the law of contract making incursions into the sacred grounds of the doctine of estates and creating uncertainty where none previously existed.
    Although it pains me to offend against your sense of theology and geometry*, I'm afraid it is.


    * I wonder if anyone on LLZ will "get" that literary reference?
    Health Warning


    I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

    All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

  9. #9
    Join Date
    Jun 2008
    Location
    Andalucía
    Posts
    9,917

    Default

    I have found the following summary:

    (County Court) The defendant landlord granted the plaintiff a three year assured shorthold tenancy. He now appealed a finding that he was in breach of an implied covenant to maintain the space heating, and otherwise. The tenant had returned the keys. The court was asked whether the landlord by his breach had committed a repudiatory breach of the lease. Held: Normal contractual principles can be applied to leases, since a lease is only a contract which creates an interest in land. A lease could be brought to an end by the tenant's acceptance of a repudiatory breach by the landlord: "the defendant's conduct, in the classic language, evinced an intention not to be bound by the implied covenant to repair. The breach, in my judgment, vitiated the central purpose of the contract of letting. "

    It is worse than I could have imagined. The words in red are the exact opposite of what is the case. A tenancy is an interest in land which incidentally has contractual obligations attached to it. It is, at least in theory, quite possible to have a tenancy without any obligations attached to it. Bound to overruled.

    Quote Originally Posted by agent46 View Post
    I wonder if anyone on LLZ will "get" that literary reference?
    Doesn't ring any bells.

  10. #10
    Join Date
    Jul 2008
    Location
    Yorkshire
    Posts
    24,592

    Default

    Quote Originally Posted by agent46 View Post
    Although it pains me to offend against your sense of theology and geometry*, I'm afraid it is.


    * I wonder if anyone on LLZ will "get" that literary reference?
    Ha! Confederacy of Dunces?

    agent46, You are Ignatius J Reilly and I claim my £5.

Similar Threads

  1. LTA 1927- compensation for improvements
    By magpie7 in forum Commercial Property Questions
    Replies: 6
    Last Post: 22-07-2008, 22:00 PM
  2. Adverse Possession - Compensation
    By DBEGoodman in forum Conveyancing Questions
    Replies: 5
    Last Post: 16-06-2008, 11:07 AM
  3. Room unusable- water damage- how much compensation?
    By droid223 in forum Residential Letting Questions
    Replies: 2
    Last Post: 31-08-2007, 14:56 PM
  4. Advice on amount of compensation court will award
    By dbullen in forum Residential Letting Questions
    Replies: 9
    Last Post: 20-08-2007, 15:24 PM

Tags for this Thread

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •