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Matt Jones
Matt Jones, Solicitor
Category: Law
Satisfied Customers: 671
Experience:  I am a qualified and practising Solicitor with over 7 years post qualification experience
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i live ina block of flats which is two storeys high and

Resolved Question:

Hi i live ina block of flats which is two storeys high and has a lift , i live on the first floor have a bad knee , the landlord has physically taken out the lift although their is no mention of the lift in the tenancy agreement it was part of why i took this flat do i have any action I can take about no lift?
Regards
Neil
Submitted: 2 years ago.
Category: Law
Expert:  Matt Jones replied 2 years ago.
Matt Jones :

HI there I will try and help

Matt Jones :

Why was the lift removed?

Matt Jones :

also has your rent been reduced to take this into account?

Customer:

Hi Matt

Customer:

The lift was removed as the landlord said it was too expensive to maintain , i am mid way through my 12 month ast tenancy and no he has not reduced the rent, although i am on the first floor i thought that the lift was an integral part of the building hence I took the tenancy in the first place , there was no negotiation on this either we got a weekd warning and he physically has taken it out and blocked up the shaft

Customer:

Regards

Customer:

Neil

Matt Jones :

Can you tell me a bi more about your knee injury. Are you physically disabled fr lift, or is ti just temporary?

Customer:

I dislocated my knee a few years ago , have to wear a strap sometimes so would say temporary

Customer:

regards

Customer:

Neil

Matt Jones :

Ok thanks.

Matt Jones :

I was considering whether the landlord was in breach of the Disability Discrimination act. If you injury was "substantial and long-term" and had "adverse effect on your ability to carry out normal day-to-day activities" then one may argue that he was in breach by removing the lift. However by the sound of it the injury is not as serious as this.

Matt Jones :

Therefore, this being the case, the argument you would have against the Landlord is that he is in breach of contract. You are entitled to the use and enjoyment of the lift as an ancillary facility to your home and therefore you are renting something that is less than that you started with. You would be entitled to claim for a breach of the agreement and the landlords failure to maintain, and for damages. The likely outcome would be that you could claim for a reduction in the rent to take this into account. It is difficult to say what this would amount to, and you would need to consult with a surveyor who could compare similar properties with and without lifts ad give an option on the correct rent

Customer:

Thank you thought so , he has just teminated my contract as I complained about this so now have nothing to lose

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