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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70516
Experience:  Over 5 years in practice
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My ventilation, my AC has stopped working since almost 2 months

Resolved Question:

my ventilation, my AC has stopped working since almost 2 months now, I gave the landlord notice since then... he has been stalling as it is apparently really expensive to repair the ac in my flat. although my agent says they are working on it, its been too long now and my flat is unbearably hot and humid. there is no ventilation what so ever! and i am a student and studying all the time ... its impossible to do so under this heat and humidity! ... so my question is , how much longer should i give him? can i deduct this from my rent due next month? ... can i buy a temporary Ac and make him pay for it?
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 are you hoping to deduct? For what? You don't seem to have repaired it yourself?
Customer: replied 2 years ago.

I have been staying at a friends as much as I can because I am unable to live in my flat. I also bought a 100 pounds worth of fan... I was wondering if I could deduct for inconvenience given I'm forced to live in a flat without ventilation. ( my Flat is on the 7th floor facing the sun) so it gets really condensed without ventilation. also when i first rented it I made it super clear that my main concern is to have a functioning AC. ,,, anyhow.. my question is really on how much longer am i supposed to give him before I hint out his legal obligation as a landlord (i am a law student too) but i can't seem to find the answer of this anywhere

Expert:  Jo C. replied 2 years ago.
Thanks.
I'm afraid that you are hugely overestimated the merits of your claim. You do have a claim. The property was let to you with air conditioning and therefore the landlord is liable to repair it.
However, the fact it is broken down does not render the property and inhabitable. People lived for years in the UK before air conditioning and, in fact, the weather has not been particularly pleasant until recently.
Had she repaired it yourself there may have been a claim potentially. That did not happen.
You cannot claim the inconvenience. It is not a head of compensation in the UK. You can claim in the UK for loss of amenity but that means in ability to use the property or a part of it and I'm afraid that you will not find a judge but will say that the absence of air conditioning renders a property uninhabitable.
He does have repairing obligations under section 10 but that isn't really the relevant point here. This is to simply a breach of contract because there was a condition in and it is faulty. A landlord is liable to maintain anything that is in the property at the time that it is let but obviously there are degrees of breaches.
There is potentially a claim for the cost of a fan may be. But it depends whether or not that was the most economical that could be found and also a claim for £100 is one that may well annoy some district judges.
You cannot always write the landlords asking for compensation. What you get out of courts is often very different from what you would get in courts.
In terms of length of time, the landlord is only entitles to a reasonable period of time. Reasonable is obviously an elastic term that depends really upon the area and how many tradesmen there are their availability. That is something that you could research locally.
The right course of action would be to find somebody who can do the work and get an assessment of his availability then write to your landlord giving him a slightly longer period of time to do the work and making clear that in defaults you will instruct at your own cost and sue.
It's not normally a good idea to deduct from the rents because he can always seek a compensation order against you which generally is to be avoided because it affects your creditworthiness adversely.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Thank you for your answer. But if I don't have a claim or anything... Does that mean I have to bear with the flat without ventilation? No flow of air whatsoever ? also my agent is refusing to give me his address details to discuss with him . Ain't I legally entitled to be provided with that?
Expert:  Jo C. replied 2 years ago.
You would not be able to escape an AST on the basis that the air conditioning is not working.
There should be an address at which the landlord or his agents are available. Doesn't have to be his home address but you are entitled to somewhere to issue against him if you need to.
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