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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice
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If a needed repair in my bathroom means it is unusable for

Resolved Question:

If a needed repair in my bathroom means it is unusable for 4 days, does that mean my apartment is "uninhabitable" and if so, what responsibility if any does the landlord bear? Many thanks.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What is the nature of the repair and why is it unusable?
Customer: replied 2 years ago.

Hi Jo, and thanks for your help.

The floor of the shower is faulty and needs to be ripped up and repaired. The shower will definitely be unusable, and given the mess, debris, and storage of equipment I assume the bathroom in general will be difficult to use as well. I am in London in case this matters.

Expert:  Jo C. replied 2 years ago.
Ok.
Is there a bath ?
Or a shower elsewhere?
Customer: replied 2 years ago.

No. There is one large shower with tile flooring and that is all.

Expert:  Jo C. replied 2 years ago.
Well, that is a bathroom out of action then.
There is guidance on what makes an entire property uninhabitable though and it literally has to be flooded or gutted with fire damage. This would almost certainly not be adequate.
However, you are entitled to a reduction in rent for the affected days. How much would depend. A bathroom is a pretty essential room so the reduction would be quite high. I would ask for 100%. It is not likely you would get that but I have always found it is better to ask for more and negotiate because you can move down but you cannot come up.
Obviously there is an obligation upon the landlord to act expeditiously. If he drags his feet that might trigger your rights to escape given the nature of the room.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

When you say entitled to a deduction in rent, is that a legal responsibility of the landlord?

Expert:  Jo C. replied 2 years ago.
It is for disrepair.
Whether this falls into the category of disrepair or not is arguable.
If this has been developing for some time then it should have been done before you moved in and that is disrepair.
If it is a recent fault that couldn't have been predicted then it is not and his only obligation is to do the work swiftly.
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