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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Hi The house we live in has flooded 5 times in the last 16

Resolved Question:

Hi
The house we live in has flooded 5 times in the last 16 months, it comes up though the floor in the lounge. The landlords who are the National Trust keeps saying they will fix it, but when asked what is happening, they have no answer for us. Meanwhile our lounge is at risk anytime of flooding and we have all but lost the flood insurance. Can,t have a carpet down just in case. Do we have to accepted this or are there steps we can take in law ? regards XXXXX XXXXX
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Do you rent the property as private tenants please or is the NT your employer and you live in the property as part of your employment contract?

Customer:

Just rent the property

Joshua :

Thanks. How long remains on your initial term please?

Customer:

its just on going, no time limit

Joshua :

Thanks so the original tenancy has expired but it is just continuing month to month?

Customer:

no, there was no time limit when we moved in, but I suppose it is month to month, as we would have to give a months notice to leave.

Joshua :

thank you. At this stage, do you wish to remain in the property all do you prefer to leave?

Joshua :

sorry all = or. At this stage, do you wish to remain in the property or do you prefer to leave?

Customer:

remain

Joshua :

thank you. You have considerable rights which with your permission I will outline below however there is an important consideration with regards XXXXX XXXXX rights I will outline which is that notwithstanding these rights, the landlord at this point can serve two months notice upon you to leave the property and accordingly whilst you have a right to exercise all of the following rights, it will do little good if you are asked to leave by the landlord accordingly, if you wish to remain, you may do well to consider requesting a new tenancy agreement for a new minimum term before exercising any of the following rights to guard against this potential

Joshua :

Notwithstanding the above, you have a wide range of rights in relation to the above issues. The Landlord and Tenant Act 1985 places an implied term in every tenancy that the landlord must keep in repair the structure, sanitary installations and exterior of the property which means he must maintain and repair the walls and structure of the property and keep it weather and element proof. Landlords can also be held liable if they have failed to provide a safe and healthy environment for their tenants. You could consider using or threatening to use the HHSRS inspection system and ask the environmental department at the local council to carry out a health and safety assessment of the property. They have the power to serve improvement notices on the landlord to remedy any areas which do not come up to standard.

Joshua :

There is a raft of legislation and regulations to protect tenants in respect of landlords repair obligations. The landlord provides for duties under statutory legislation. The Environmental Protection Act 1990 provides that the Landlord has a duty of care to provide adequate and safe conditions in their properties and the Housing Act 2004 introduced the Housing Health and Safety Rating System which shifted assessment towards health and safety impact. Each council is responsible for developing its own policy but most have a substantive list of requirements that address mould, damp structure and so on. There is a useful guide to the same here:

Joshua :

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/9425/150940.pdf

Joshua :

The conditions you describe on the face of it would appear to breach the Landlord and Tenant Act and the Housing Act as above and there would if this is the case be grounds to claim a reduction in rent for the period you have suffered the issues for loss of amenity in the property and if the landlord has failed to repair the structure so as to prevent flooding despite your requests, there may also be a claim for any damage to your property as a result.

Customer:

okay thanks for the information, I know they don't want us to leave, because they could not re- let house until the problem is fixed, no rent. Happy to leave positive feedback. Regards Terry

Joshua :

If I can assist any further as the situation develops please do no hesitate to let me know.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

Customer:

Many thanks.

Joshua :

Best wishes

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