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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7567
Experience:  BA (Hons), PgDip, Practising Solicitor
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My landlord decided to make repairs to the roof. during this,

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My landlord decided to make repairs to the roof. during this, the ceiling in my room caved in at which point the builders went into my flat WITHOUT my permission. The managing agent is now taking their time into resolving this issue. What are my rights as a tenant? Thanks
Hi

Thanks for your patience.

If the landlord has instructed managing agents then it is important to remember that they act for the landlord. They do not act for you. It may appears as if they are mediating the dispute sometimes, but they always have the landlord’s requirements close to heart.

Under your tenancy you have a right to quiet enjoyment. However, the landlord is obliged to keep the structure of the property in repair under s11 of the Landlord and Tenant Act:-
a) to keep in repair the structure and exterior of the dwelling, including drains, gutters and external pipes,
(b) to keep in repair and proper working order the installations in the dwelling for the supply of water, gas, electricity and for sanitation (including basins, sinks, baths and sanitary conveniences) but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity, and
(c) to keep in repair and proper working order the installation in the dwelling for space heating and heating water.

If it is the case that the landlord was carrying out repair works and this resulted in the roof to your ceiling in your room caving in then you could conceivably sue them for breach of contract on the basis of reduced amenity if you were not able to use the room.

Usually, you would posture to make a claim and end up agreeing a form of rent reduction in order to compensate you for the amenity that you lost for the period that you were not able to use the room.

As to entering your room, the landlord may be able to argue that this was a case of entry under emergency in order to execute works to re-repair the roof in order to comply with his obligation to keep the property in repair as above.

You may consider this to be a breach of privacy, which to some extent is a right under the human rights act but really it has to be balanced with other legal rights and obligations. IN this case the landlord’s obligation to ensure repair under the above statute probably outweighs the minor invasion of privacy.

If you want to get something out of it then I would attempt to negotiate a reduced rent on the basis of loss of amenity.

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Kind regards,


Tom



Hi,
Thomas and other UK Property Law Specialists are ready to help you

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on your position. Please remember to RATE my answer, if you are satisfied.

Kind regards,


Tom

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on your position. Please remember to RATE my answer, if you are satisfied.

Kind regards,


Tom

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