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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70633
Experience:  Over 5 years in practice
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ZHIGH have leased a cottage for 12 years. During the past 6years

Customer Question

ZHIGH have leased a cottage for 12 years. During the past 6years the cottage has flooded ( kitchen and bathroom) in four of the six years; the current flood included the living room as well.
Repairs take approximately five months.The floods include sewage every time.
Can I sue the Landlord claiming that the cottage is Uninhabitable.?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

What loss have you suffered please?
Customer: replied 3 years ago.
My main loss has been my health. I am 75 years old ,have spinal fusion and was told this year that I have cancer . My health suffers mainly chest infections due to the continuing floods.
Customer: replied 3 years ago.
You have not answered my question .Yiu only asked me to sign-up for a monthly subscription. Totally unacceptable!
Expert:  Jo C. replied 3 years ago.
The reason you are experiencing delay is that you have posted before I have responded which pushes the question to the back of my list.

I presume that you have an Assured Short hold Tenancy.

You only have grounds to sue the landlord if this is something that the landlord could reasonably have prevented.

Unfortunately, the landlord is not under a duty to provide alternative accommodation for you. So if he has done that, or has paid any of your costs in the interim, that is a bonus.

I do think that you would be entitled to end the tenancy though on the basis that the property is un inhabitable but you do not have a claim in compensation.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo