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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I rented a 4 bedroom house and am moving out soon because the

Customer Question

I rented a 4 bedroom house and am moving out soon because the landlord is coming back. he is renovating the house and building an addition.
Over the 3 years I had constantly workers in the house because the heating never worked correctly. I had a boiler exposing and often many weekends without heating and also partly without hot water. he only accepted one time to move for a few days into a hotel with my 2 small kids and my nanny, I have been however 3 times in a hotel although I could have gone more due to the fact not having even hot water to take a shower for days. When I asked a lawyer before i was told I cannot deduct rent all but at the end I can at least deduct my rent against the deposit so that I am not being deducted the hotel cost I did hand in for 3 times.
Second question, can I get an extension for a few weeks between moving to a new house. It never turns hot to be on the same day, What happens if I stay a few weeks longer and pay the rent for that if he does not agree I can stay? I LSO LET FOR 1 YEAR ARCHITECTS, BUILDERS, BUILDING OFFICIALS , MOSTLY ON A SATURDAY OR /SUNDAY MORNING INTO THE HOUSE SINCE the landlord wants to renovate the house and build in addition. I let the many visitors in and was told I could have deducted some rent because he did save a year on building permits since all was already handed in. I even had plaster all around the staircase making measurements for days in the house. Can I deduct now something or can I therefore say a compromise is to extend a few weeks to move int the new house with my kids?

kind regards
yasmine
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is ***** ***** 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : How much are you wanting to seek in compensation please?
JACUSTOMER-jx7sia0k- :

Ok I have another hotel bill of 508 pounds which I deducted form the deposit . I also deducted the rent of this and last month form the deposit. I then paid the difference for this month.

JACUSTOMER-jx7sia0k- :

I am not sure how much legally you can deduct in this country if you rnet a house and you pay 5200 pounds a month and have so muc trouble wiht the heating. The reaosn is the hosue is very old and was not renovated well int erms of the technical part. The perons that could come for chekcing the heating problems had a full time job and could only come evenings and sometimges on weekends but often not repari anything on weekends as an emergency plumber could have done.

Alex Watts :

Does the tenancy agreement allow you as tenant to make deductions please?

Alex Watts :

How much are you out of pocket by?

JACUSTOMER-jx7sia0k- :

My idea is to say I stay this month of July so I can move directly the new house and not pay rne as a compensation for all the annoyance of having had so much trouble and also having let constantly all the people into the house for a year so the landlord saved one year in planning time which saved him enormous amount of money. I am a single mother with 2 young kids and a nanny and had so much trouble not having so often hot water or heating. He did take care but not instantly because of obviously a cheap paid person who works for a proper company. Now this plumber was subcontracted by a construction guy of his confidence who did all for him and I suppose tried to save money. I am an architect and designer and know these things a bit better.I also am not always on the internet since I have some meeting soon.

Alex Watts :

So you just want to stay 1 month over your expiry is that right?

JACUSTOMER-jx7sia0k- :

yes and i want that it is accepted that I deducted the last rents against the deposit.even the tenant agents siad how amaing I treated the property. there is nothing to renovate from my site. IN the contrary I invested more thant a 1500 pounds into his garden which looks nice than when I moved in.

JACUSTOMER-jx7sia0k- :

and also I do not war to pay for that one month since I had so much problem. I need to know how much I cna deduct and how to deal with deductions having let the workers on for a year for his own renovation

Alex Watts :

Ok - then is your deposit worth more or less than what you feel you are owed?

JACUSTOMER-jx7sia0k- :

my deposit is 7200. My rent is 5200 . One payment went already trough so the payment for May was 4800 and for June was 5200 and the hotel was 508 so i deducted all from the 7200 and paid the difference.

JACUSTOMER-jx7sia0k- :

i know want to know how mch I could ahv ededcuted for the problmes

Alex Watts :

Ok - well you need to be reasonable.

Alex Watts :

There is no hard and fast figure.

JACUSTOMER-jx7sia0k- :

and for the visit of workers. How mcih can you legally deduct. Once I know that I like to negotiate to stay at least stay July free of charge . Sicne the place looks impeccable there should be no reason to deduct anything.

Alex Watts :

But if you have been facing ongoing disruption and without boiler etc then 25% is not unreasonable.

Alex Watts :

There is no figure, but 25% is not a bad start

JACUSTOMER-jx7sia0k- :

25% form the rent for all that time wodl be over 2 years. I ahve all maisl to show how often we needed to complaign.

JACUSTOMER-jx7sia0k- :

In other words what can happen?

JACUSTOMER-jx7sia0k- :

I stay one month longer since I am sure I will not get any money back so it would only be 5200 I would get back.Correct. Also i` do not watn to ris that he gives me a bad credit for renting my new house because I was not at fault.

JACUSTOMER-jx7sia0k- :

is it then reasonable to tell the agents and the landlord because of all that trouble i could have deducted 25% which is far above one months rent and then stay until end of July or better mid August which would be to stay 6 weeks longer since I jsut found out that I can move into the new house on July 15th

JACUSTOMER-jx7sia0k- :

sorry i meant on august 15th

Alex Watts :

If you over stay the Landlord has to serve notice to leave

Alex Watts :

He needs to give you 28 days

Alex Watts :

If you do not leave then he can issue possession proceedings

Alex Watts :

This takes a further 28 days

Alex Watts :

Then there is a court hearing then if a Judge gives possession he can give you up to 42 days

Alex Watts :

If you still dont leave then the landlord can apply for a warrant of eviction a further 28 days

Alex Watts :

So you can drag it out by 3-4 months

Alex Watts :

Does that clarify matters?

JACUSTOMER-jx7sia0k- :

Hi that is not really my question. I do not want to have a court process and more cost at the end!?

JACUSTOMER-jx7sia0k- :

What I want to know is what my rihgts are sa a tenant.

JACUSTOMER-jx7sia0k- :

so I need to know if I can dedcut rent in retrospective as I was told I could not at the time fo my contract . then my question is if I can stay for anohter 6 weeks and calculate that against the problems and not really functioning property I had so long.

JACUSTOMER-jx7sia0k- :

what are my legal rights and how do I tell him I need to stay until August 14th when I can move to the new place.you did not answer what also are my rights if i let over hte las year or so workers and architects and officials in so he could satrt his planning process while I was still in the property which saved him a lot of time.

JACUSTOMER-jx7sia0k- :

what happens if I stay for anohter 6 weeks beyond my contract? who can i calculate? what wodl happen if he takes me to court. do i need to pay a alwyer. what are the outcome. hope this is clear. so far i really did not get any clarity on my legal rights and the outcome?

JACUSTOMER-jx7sia0k- :

HI I am signing an agreement and found the new house over an agent. and was told my lawyer friends that the agency will request references form the old landlord which would not be good if I am in a dispute?What can you say for that please? i do not want to risk the agreement and not sure if the landlord can give a bad reference then?

JACUSTOMER-jx7sia0k- :

sorry for the spelling mistakes but my keyboard was on another language

JACUSTOMER-jx7sia0k- :

HI hope you get back soon

Alex Watts :

Can you deduct retrospective - no

Alex Watts :

Can you deduct anything - no

Alex Watts :

All you can do is pay the full rent and ask the Landlord for a sum in terms of compensation - if he refuses then you have to end up in the small claims Court suing for the loss and damage

Alex Watts :

If you stay beyond 6 weeks, rent is still due

Alex Watts :

If he takes you to Court, you wont need a lawyer you can do it yourself.

Alex Watts :

If you fail to pay, the Landlord can say so in a reference, he needs to be honest

Alex Watts :

Can I clarify anything else for you please?

Alex Watts :

It may be you move, then decide to sue the Landlord

JACUSTOMER-jx7sia0k- :

Hi i do not feel I got any further. you first say I can deduct up to 25% but then you say I need to move out and sue them. I do not want to sue but see what my rights are. I do not think I like this oonline service and like to get reimbursed. How can I do it?

JACUSTOMER-jx7sia0k- :

best yasmine

Alex Watts :

I can help you.

Alex Watts :

You asked - can you deduct rent - I said no

Alex Watts :

You asked can you extend - that is up to the Landlord

Alex Watts :

You need to negotiate with the landlord to try and get a reduction

Alex Watts :

If the Landlord refuses you have no choice but to sue the landlord.

Alex Watts :

However at NO POINT are you able to deduct rent off your own back

Alex Watts :

The Landlord must agree. If the Landlord does not then your only option is to sue him'

Alex Watts :

You can ask the landlord in lieu of the problems can you stay - he may agree

Alex Watts :

This would be your best option - but if he turns around and says no, you have to go to Court.

Alex Watts :

If you refuse to leave the property at the end of the term you can refuses to move and the Landlord has to service notice upon you to leave and if you do not issue Court proceedings. This procedure can take up to 3 months

Alex Watts :

Can I clarify anything else for you?

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