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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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For the whole duration of my tenancy my landlord has refused

Resolved Question:

For the whole duration of my tenancy my landlord has refused to do repairs. I had to call the local authority as well as the health and safety exsecutive to force him to do the repairs. I would like compensation and punative damages. How do I work out how much to ask for?
Submitted: 1 year ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi,

What repairs are we talking about please?

Did these repairs render any parts of the propety unusable please?

Tom
Customer: replied 1 year ago.
There was a leak in the shower room every time It rained water would come through. The boiler had not been serviced for nearly 3 years. I had no heating in one of the bed rooms as a valve had not been there as well as in the hall way. There are still repairs that he has never addressed such as damp in the kitchen. The soil waist pipes going in to the rain drains which constantly block and fill the garden with sewage. The windows need fixing. Also when we came we had bed bugs, cock roaches and mice and wood lice.
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

The landlord responsibility as to repairs are contained and articulated quite well here:-
http://www.tenancyagreementservice.co.uk/repairing-obligations.htm

If you feel that the landlord has fallen short of these standards then you may regard it as a breach of the tenancy agreement.

You can only claim for direct financial loss in respect of each disrepair. So, if the repair made a part of the property not usable then you could claim for loss of utility.

However, if it is the case that in the majority of the disrepair that you have cited that you could still use the areas, albeit with some minor adjustments then the reality is that your claim would not be at all substantial.

You would also have to prove the disrepair by evidence (usually photographic) in order for the claim to proceed.

If you are certain that you can prove the disrepair and that they genuinely did cause you a substantial and material loss of utility then you can issue a claim online here:-
www.moneyclaim.gov.uk

In the future, if there is disrepair during the tenancy and the landlord does not do anything about it then you should consider further your efforts at enforcing the repair. You can give him notice of repair requiring remedial works to be carried out within a fixed time (eg. 14 days) and state that if they are not then you will pay for them yourself before recovering the money from him using moneyclaim above. Alternatively you can issue a claim if he doesn’t carry them out for specific performance of repairs OR a declaration that you carry out the repairs and they pay for them. Claiming after the tenancy is not impossible but your much better placed whilst it occurs for the first time in occupation.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6438
Experience: BA (Hons), PgDip, Practising Solicitor
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Expert:  Thomas replied 1 year ago.
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