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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70198
Experience:  Over 5 years in practice
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I have rented a flat with was suppose to give me access to

Resolved Question:

I have rented a flat with was suppose to give me access to the roof/terrace. After I moved in the landlord tells me I can't access the roof. Access the roof is one reason why we decided to rent the flat and of course to pay more for it? what I can do? I also asked for a reduction in my rental because of that, but the landlord only agrees to a reduction until our break clause. Simply put he prefers us to leave. I want to know if I am entitle to any form of compensation as I have moved in expecting to stay and have had moving expenses, besides being feeling cheated on what was shown to me regarding the flat.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What type of contract do you have please?
Customer: replied 3 years ago.

I have an assured short hold tenancy agreement for 12 months

My contract is £1200 per week. We offered a discount to pay £ 900 per week. Landlord came back first proposing a reduction to a £1000 per week. When we ask them to clarify and renegotiate, the landlord said his final offer was a reduction to £1000 per week until our break clause (in 6 months). I don't think it is fair, as it will force me to move again in 6 months. When I first moved in I intended to stay for longer that one year, if I liked the flat, which I do.

I would like to know if I am entitled to any form of compensation, if the landlord will have to pay for my moving expenses in case I have to move and if I can force them legally to give me a discount for the duration of my contract, given they are not given me access to a part of the flat they said I would have access. and How do I know if the discount they are offering is a good offer.

Many thanks

Expert:  Jo C. replied 3 years ago.
If you are supposed to have access to the roof terrace and now longer have access to the roof terrace, then you are entitled to some kind of discount on the rent until the end of the 12 month period when you move out.
It does not make the flat on habitable and therefore it does not give you the right to move out immediately.. For that reason, the landlord would not be liable for your moving costs.
If you have a break clause at 6 months, you are entitled to exercise the break clause at 6 months. There is a possibility you could claim some moving costs although the landlord would argue that all that has happened is that the moving costs have come earlier rather than later and that you would have had to pay them eventually anyway.
You are not entitled to withhold rent and if the landlord will not give you some money back in respect of loss of use of the roof terrace, you are faced with taking him to court.
The amount of discount you would be entitled to would be in proportion to the floor area of the property less an amount because the roof terrace is not an area that you would live in every day.
Can I clarify anything for you?
Jo
Customer: replied 3 years ago.

Regarding the amount I am entitle to for not using the roof terrace is that it was the decisive factor to rent the flat. The landlord new before hand the roof terrace could not be used as he needs a license for that. So he lied to me. I would not have rent the flat ih he had told me the truth. He advertised the flat with it and I have proof of that. Paying for my moving out, would only be far the only reason I amy have to move again in less than 1 year is because the landlord is only willing to give me a discount for part of my term, i.e. 6 months. Legally can I force him to extend the discount offered for 12 months, i.e. the duration of my contract? Thanks

Expert:  Jo C. replied 3 years ago.
You have a possible claim against a landlord in misrepresentation if you can prove to the satisfaction of a judge (if it gets as far as court) that he advertised the property with a roof terrace and yet was fully aware that it was not possible to be used.
If the landlord knew that it was essential criteria that you had the roof terrace, you may be able to rescind the contract and leave immediately, however that would be for the court to decide.
If you gave notice on the landlord that you are going to leave now and that you were going to sue him for compensation and moving costs it would be for him to defend the proceedings and counterclaim rent until the end of the term.
You cannot force him to do anything if he does not want to and if he will not extend the discount for 12 months you have no alternative but to take into court to get the court to award it to you.
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