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Nicola-mod
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my son is renting in london ,the landlord is making the loft

Customer Question

my son is renting in london ,the landlord is making the loft into another room, however all the people in the house work shifts.The place is in a terrible state,yet the landlord won't give them any compensation for all the distruptuion. They have asked for a reduction in the rent but he won't have it. Have they any rights about this
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

AlexWatts2013 :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.

AlexWatts2013 :

What type of tenancy does he have please?

JACUSTOMER-5t37rslb- :

short hold i think

AlexWatts2013 :

Assured Shorthold? Are they all joint tenants or does he rent a room please?

JACUSTOMER-5t37rslb- :

rents a room

AlexWatts2013 :

Does the contract have a clause about peaceful enjoyment in it please?

JACUSTOMER-5t37rslb- :

No

AlexWatts2013 :

Does it have any clause about the Landlord not causing any sort of disturbance?

JACUSTOMER-5t37rslb- :

no

AlexWatts2013 :

Does the contract prevent any deduction or set off of rent please?

JACUSTOMER-5t37rslb- :

no

AlexWatts2013 :

Sadly in that case they can not reduce the rent or set off any amounts. What they can do is sue the Landlord for loss of amenity, stress and inconvenience caused, but can not deduct any rent otherwise they risk being evicted. They should write to the Landlord and set out their claim and put a value on it, but I would guess no more than £500 in total. They should send this by way of letter and make sure it is sent recorded delivery and keeping a copy.

AlexWatts2013 :

If the Landlord refuses to pay then they can issue proceedings in the County Court which can either be done online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and taking it to the local County Court.

AlexWatts2013 :

The Court will then issue the claim and a the Landlord will have a limited time to defend it, if not then Judgment can be entered and enforcement action taken. If the Landlord defends it then the matter will be listed for a hearing before a Judge. They do not need to worry about legal representation as this would be a small claim.

AlexWatts2013 :

Can I clarify anything further about this for you today please? Alex

Expert:  Nicola-mod replied 3 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

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Thank you,
Nicola

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