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INC
INC, Solicitor-Advocate
Category: UK Property Law
Satisfied Customers: 11509
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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i have just moved out of a property after 5 years and 1 month

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i have just moved out of a property after 5 years and 1 month and they agents for my landlord are trying to get me to agree to take some of my deposit to cover the costs of replacing worn carpet on the stairs and redocoration in one bedroom. Usually i would have no cause for moan - but i spent 4 years from 2008-2012 with penetrating damp in 2 out of 3 bedrooms that despoite repeated requests were left unresolved until i got EHO involved in 2012. During this time i asked for a reduction on the rent for the month that works were carried out, this was granted, but a friend has just told me i could have had a rent abatement for the duration of the problem (particularly when it was at its worst) instead of paying £850pm? Is it reasonable for me to ask that any costs associated with my moving out be offset by the rent abatement i should have recieved during this period?
Thanks
K Mutter
Submitted: 1 year ago.
Category: UK Property Law
Expert:  INC replied 1 year ago.
Please remember to RATE my answer by using the smiley faces OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE. If you seek clarification please ask.

Hi,

When a landlord has failed to meet obligations under the law, and particularly when the landlord fails to make important needed repairs, the tenant gets less from the rental agreement than s/he is paying rent to get. The law has created a remedy to correct this situation, and it is called "abatement of rent."

To use the remedy of abatement, the tenant must be very careful. The tenant must give the landlord a written notice of the conditions that need to be corrected. These conditions must involve the landlord's basic duties to maintain the property and to keep the property up to the standards of the local building and housing codes. The notice does not need to say what the tenant will do if the repairs are not made, but it would be wise to state that the tenant intends to abate rent if the repairs are not done. If the tenant plans to move out if repairs are not made, the tenant should give notice of termination as set forth in the previous section of this guide, because a tenant may not both terminate the rental agreement and use the abatement remedy at the same time.

Once the notice has been given to the landlord, and s/he does not make the repairs within 7 days, the tenant may abate rent. While the law does not say how long the landlord has to make repairs after the tenant gives notice, it is wise to give the landlord seven days (just like in the termination situation outlined in the previous section of this guide). If the landlord has not made a reasonable effort to correct the problem within seven days, the tenant may abate rent starting from the date of the notice the tenant gave about the repair.

The issue you have is that you have not abated the rent and are now attempting to abate the rent, once you have vacated the property. Although there is nothing preventing you from doing this, whether you will actually be able to claim this now, is another matter entirely.

I hope this answers your question. If so, kindly rate the answer and provide feedback.

If you wish to discuss, please feel free to ask further questions.

Many thanks,

Customer: replied 1 year ago.

I am not looking to abate the rent in so much as i want to ask for that money back, but to suggest to the landlord/letting agent that instead of a deduction from my deposit - they consider that i did not ask for rent abatement, and therefore paid full cost for a property that was in severe need of repair for 4 full years - essentially i want to 'call it quits' with no further exchange of money on the basis that i 'should' have had rent abatement over this excessively long period.


 


Would it be reasonable/fair/legal to suggest this to them?

Expert:  INC replied 1 year ago.
Hi,

It would be perfectly reasonable for you to suggest this, however, whether they accept is another matter. If you do not ask, you do not get.

I would suggest that you write to the agents/landlord informing them that you would have been within your rights to abate the rent but chose not to and that they should consider drawing a line under the matter and returning your deposit to you in full, without any deductions.

At this stage, you can only try.

I hope this answers your question. If so, kindly rate the answer and provide feedback.

If you wish to discuss, please feel free to ask further questions.

Many thanks,

INC, Solicitor-Advocate
Category: UK Property Law
Satisfied Customers: 11509
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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